Breuer v. Jim’s Concrete of Brevard
Breuer sued Jim’s Concrete of Brevard, Inc. in Florida state court for various claims under the Fair Labor Standards Act (FLSA). Jim’s Concrete removed the case to federal court, and Breuer subsequently moved to remand it back to state court. The district court denied the motion for remand. The court of appeals affirmed on the basis that the FLSA does not expressly prohibit removal to federal court of an action commenced in state court.
Questions Presented:
1. Can an action commenced in state court under the Fair Labor Standards Act be removed by the defendant to federal court, even though the FLSA expressly provides that the case can be "maintained"
in state court?
2. Does the Eleventh Circuit’s interpretation of "maintained" as used in the jurisdictional provisions of the FLSA conflict with this Court’s pronounced definition of "maintain" to be
used when construing federal statutes?
3. Do conflict, disparity, and deadlock of opinions between Eleventh and First Circuits and Eighth Circuit, and between dozens of district courts around the country, regarding whether FLSA actions
commenced in state court are removable to federal court, warrant that this court, as suggested by the Eleventh Circuit in its opinion below, grant this petition to resolve this question once and
for all in order to bring uniformity to federal courts and eliminate widespread disparity between litigants in our federal system?
