This Comment analyzes the resurgence of sovereign immunity under the Eleventh Amendment – what could be construed as a sort of “new federalism” – specifically in the context of federal employment statutes and state employees’ rights there under. The analysis focuses on the Fair Labor Standards Act (hereinafter FLSA), the Age Discrimination in Employment Act (hereinafter ADEA), and the Family and Medical Leave Act (hereinafter FMLA), because these statutes appear to be among those that are the most threatened by the Supreme Court’s recent actions. This Comment concludes that, because the scales are now tipped in favor of states' rights as sovereign entities, state employees’ rights to sue state employers under federal laws are severely curtailed. Thus, as a result of “new federalism,” state employees are finding themselves not only without a federal forum – or possibly any forum – in which to be heard, but also with fewer rights in the workplace than their private sector counterparts enjoy.
Royer, Christina M.
"Paradise Lost? State Employees' Rights in the Wake of "New Federalism","
Akron Law Review: Vol. 34
, Article 2.
Available at: http://ideaexchange.uakron.edu/akronlawreview/vol34/iss3/2