Powell v. State of Florida, 132 F.3d 677 (11th Cir. 1998). · Go Syfert
Powell v. State of Florida, 132 F.3d 677 (11th Cir. 1998). Cases Citing This Book View Copy Cite
56 citation events (45 in the last 25 years) across 22 distinct courts.
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Cited for
At page 678 Limitation of injunctive relief to Secretary of Labor13 citing casesaffn-ming dismissal of FLSA claim for unpaid wages against state based on Eleventh Amendment immunity1 citing court put it this way
  • Keeler v. Florida Dep't of Health, 397 F. App'x 579 (11th Cir. 2010).unpublished
    Id. at 678.
  • Keller v. Florida Dep't of Health, 682 F. Supp. 2d 1302 (M.D. Fla. 2010).published 3 cites
    (affn-ming dismissal of FLSA claim for unpaid wages against state based on Eleventh Amendment immunity)
  • Jarrett v. Alexander, 235 F. Supp. 2d 1208 (M.D. Ala. 2002).published
    Powell v. State of Florida, 132 F.3d 677, 678 (11th Cir.1998).
  • Bailey v. Gulf Coast Transp., Inc., 280 F.3d 1333 (11th Cir. 2002).published
    In Powell, we held that the Secretary alone could bring an action for injunctive relief for violations of the FLSA’s wage and overtime provisions, but did not address the question now before us: whether an employee may obtain injunctive re…
  • Bailey v. Gulf Coast Transp., Inc., 139 F. Supp. 2d 1358 (M.D. Fla. 2001).published
    The plaintiffs’ argument conflicts with Powell v. State of Florida, 132 F.3d 677, 678 (11th Cir.), cert. denied, 524 U.S. 916 , 118 S.Ct. 2297 , 141 L.Ed.2d 158 (1998), which holds that “the right to bring an action for injunctive relief u…
  • Media Gen. Operations Inc. v. Herman, 152 F. Supp. 2d 1368 (S.D. Ga. 2001).published
    This led the Powell court to conclude that “the right to bring an action for in-junctive relief under the [FLSA] rests exclusively with the United States Secretary of Labor.” 132 F.3d at 678.
  • Luder v. Endicott, 86 F. Supp. 2d 854 (W.D. Wis. 2000).published
    However, § 217 is limited by 29 U.S.C. § 211 (a), *858 which states: “Except as provided in section 212 of this title [dealing with child labor], the Administrator shall bring all actions under section 217 of this title to restrain violati…
  • Bjornson v. Daido Metal U.S.A., Inc., 12 F. Supp. 2d 837 (N.D. Ill. 1998).published
    Despite that aside (one step below dictum) in Avitia , every Circuit that has addressed the issue over a period spanning more than a half century has agreed that the plain language of Act §§ 211(a) and 217 allows only the Secretary of Labo…
  • Belch v. Bd. of Regents of the Univ. Sys., 27 F. Supp. 2d 1341 (M.D. Ga. 1998).published
    See Powell v. State of Florida, 132 F.3d 677, 678 (11th Cir.1998); Mills v. State of Maine, 118 F.3d 37, 48 (1st Cir.1997).
  • Elaine Chao, Sec'y of Labor, United States Dep't of Labor v. Hosp. Staffing Servs., Inc. Capital Factors, Inc. Ron Lusk, Individually & as President of Hosp. Staffing Servs., Inc., Kenneth Welt, Bankr. Tr. for Hosp. Staffing Servs., Inc., 270 F.3d 374 (6th Cir. 2001).published
    See, e.g., Powell v. State of Florida, 132 F.3d 677, 678 (11th Cir. 1998); Morelock v. NCR Corp., 546 F.2d 682, 688 (6th Cir. 1976), rev'd on other grounds, 435 U.S. 911 (1978); Wirtz v. Malthor, 391 F.2d 1 , 3 (9th Cir. 1968); Wirtz v. Jo…
Show 3 more citing cases
  • Chao v. Hosp. Staffing Servs. Inc., 270 F.3d 374 (6th Cir. 2001).published
    See, e.g., Powell v. State of Florida, 132 F.3d 677, 678 (11th Cir.1998); Morelock v. NCR Corp., 546 F.2d 682, 688 (6th Cir.1976), rev’d on other grounds, 435 U.S. 911 , 98 S.Ct. 1463 , 55 L.Ed.2d 503 (1978); Wirtz v. Malthor, 391 F.2d 1 ,…
  • Kicklighter v. McIntosh Cnty. Bd. of Commissioners, 162 F. Supp. 3d 1363 (S.D. Ga. 2016).published
  • Ryan, No. 8:26-cv-00413 (M.D. Fla. June 3, 2026).
At page 677 “the right to bring an action for injunctive relief under the fair labor standards act rests exclusively with the united states secretary of labor.”1 citing case3 citing courts quote it
  • Micone v. Hyundai Motor Mfg. Alabama, LLC (MAG2), No. 2:24-cv-00325 (M.D. Ala. Sept. 10, 2025).
    (Although this Court has not yet addressed the issue, we follow the decisions of the other circuits which have held that the plain language of the Act provides that the Secretary of Labor has the exclusive right to brin…)
Other citing cases8 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
James E. POWELL, on Behalf of Himself and All Others Present and Former Employees Similarly Situated, Russell R. Smith, Plaintiffs-Appellants,
v.
STATE OF FLORIDA, Lawton Chiles, Governor, William Linder, Secretary, Secretary of the Department of Management Services, Defendants-Appellees
96-5119.
Court of Appeals for the Eleventh Circuit.
Jan 9, 1998.
Published opinion
132 F.3d 677
1998 U.S. App. LEXIS 270
Brenda J. Carter, Ft. Lauderdale, FL, Earl L. Denney, Jr., Searcy, Denney, Scaro-la, Barnhart & Shipley, W. Palm Beach, FL, for Plaintiffs-Appellants., Robert A. Butterworth, Atty. Gen., Hollywood, FL, Louis F Hubener, Asst. Atty. Gen., Tallahassee, FL, for Defendants-Ap-pellees.
Tjoflat, Birch, Roney.
Cited by 7 opinions  |  Published
Pinpoint authority: bottom 56%
PER CURIAM:

Plaintiff, James E. Powell, attempting to bring a class action, sued the State of Florida for back wages for overtime work and for injunctive enforcement of the Fair Labor Standards Act, 29 U.S.C. §§ 201-219 (1994). He alleges that he and his alleged class members were misclassified as “excluded” employees for the purpose of not paying overtime wages for overtime hours that they worked.

The district court properly dismissed the claim for unpaid overtime wages based on the State’s Eleventh Amendment immunity. Seminole Tribe of Florida v. Florida, 517 U.S. 44, 116 S.Ct. 1114, 134 L.Ed.2d 252 (1996). See Quillin v. Oregon, 127 F.3d 1136, 1137 (9th Cir.1997); Close v. New York, 125 F.3d 31, 36 (2d Cir.1997); Mills v. Maine, 118 F.3d 37, 40 (1st Cir.1997); Aaron v. Kansas, 115 F.3d 813, 814 (10th Cir.1997); Raper v. Iowa, 115 F.3d 623, 624 (8th Cir.1997); Balgowan v. New Jersey, 115 F.3d 214, 217 (3d Cir.1997); Mood v. Arkansas State Police Dep’t, 111 F.3d 585, 586 (8th Cir.1997); Wilson-Jones v. Caviness, 99 F.3d 203, 210 (6th Cir.1996), reh’g denied and amended by 107 F.3d 358 (6th Cir.1997). Compare Timmer v. Michigan Dep’t of Commerce, 104 F.3d 833, 838-40 (6th Cir.1997) (no Eleventh Amendment immunity from suits brought under the Equal Pay Act because that Act could have been passed pursuant to Congress’s Fourteenth Amendment powers).

The district court properly held that the right to bring an action for injunctive relief under the Fair Labor Standards Act rests exclusively with the United States Secretary of Labor. See 29 U.S.C. §§ 211(a), 216(b) (1994); Reorg. Plan No. 6 of 1950, 15 Fed.Reg. 3174, reprinted in 5 U.S.C.App. at 1469 (1994). Although this Court has not yet addressed the issue, we follow the decisions of the other circuits which have held that the plain language of the Act provides that the Secretary of Labor has the exclusive right to bring an action for injunctive relief. See Barrentine v. Arkansas-Best Freight System, 750 F.2d 47, 51 (1984 ) (“only the Secretary is vested with the authority to seek an injunction”); Morelock v. NCR Corp., 546 F.2d 682, 688 (6th Cir.1976), rev’d on other grounds, 435 U.S. 911, 98 S.Ct. 1463, 55 L.Ed.2d 503 (1978) (“[Ijndividuals are limited to seeking legal remedies and are precluded from obtaining injunctive relief.”); Powell v. Washington Post Co., 267 F.2d 651, 652 (D.C.Cir.1959) (“In so far as plaintiffs prayer relates to action by the Secretary to restrain violations, the answer is that the appeal is to[*679] his discretion.”); Roberg v. Phipps Estate, 156 F.2d 958, 968 (2d Cir.1946) (“[T]he Administrator has exclusive authority to bring such an [injunction] action.”); Bowe v. Judson C. Burns, Inc., 187 F.2d 37, 39 (3d Cir.1943) (“We think it is plain from this language that the right of the administrator to bring an action for injunctive relief is an exclusive right.”).

With this decision, it is apparent that the argument that alleged class members should have been given opt-in notification is moot.

AFFIRMED.