STATE EMPLOYEES FAIR LABOR RIGHTS

WHEREAS, in 1996, the United States Supreme Court decided in Seminole Tribe of Florida vs. Florida that state employees cannot sue their state employers for violations of the Fair Labor Standards Act (FLSA) in state court; and

WHEREAS, in 1999, the United States Supreme Court ruled in Alden vs. Maine that state government employees cannot sue their state employers for alleged violations of the FLSA in federal court; and

WHEREAS, in January 2000, the United States Supreme Court ruled in Kimel vs. Florida Board of Regents that state government employers are also immune from suits from their employees under the Age Discrimination in Employment Act (ADEA); and

WHEREAS, these decisions all directly affect state employees' rights to enforce laws that are enforceable in other employment relationships; and

WHEREAS, state employees must now rely upon federal agencies to file suit to protect their rights under federal law:

RESOLVED, that the AFT and/or the state affiliate work to enhance the ability of public employees to enforce their rights under the Fair Labor Standards Act and the Age Discrimination in Employment Act and other federal laws; and

RESOLVED, that the AFT and/or the state affiliate lobby on the state level to enact legislation in which the state waives its sovereign immunity from suit under the FLSA and the ADEA; and

RESOLVED, that the AFT and/or the state affiliate lobby for increased protections in state laws, especially in states with no collective bargaining for state employees; and

RESOLVED, that the AFT lobby for a federal legislative fix for FLSA, ADEA and other statutes; and

RESOLVED, that the AFT support measures to help the Department of Labor and the Equal Employment Opportunity Commission improve their respective capacities to handle the increased number of legal actions brought by state employees.