Ruling that an employee cannot circumvent the federal Fair Labor Standards
Act by pleading causes of action under state common law, the
U.S. 4th Circuit Court of Appeals in Richmond rejected an
attempt to invoke North Carolina state laws to obtain relief that is only
available under the FLSA. Anderson, et al. v. Sara Lee Corp., et
al., No. 05-1091 (4th Cir. Nov. 19, 2007). The court, which has
appellate jurisdiction over Virginia, Maryland, North Carolina, South
Carolina and West Virginia, affirmed a district court’s dismissal of
several state law claims and remanded the remaining state law claims to
the lower court with instructions to dismiss them without prejudice, to
give the plaintiffs an opportunity to pursue claims under the FLSA.
