Qualifying immunity: Protecting state employees' right to protect their employment rights after Alden v. Maine

Recent U.S. Supreme Court decisions have barred state employees from bringi ng private suits against their state employers to recover back wages due th em as a result of having been paid in violation of the Fair Labor Standards Act (FLSA). This Comment proposes that the only method by which state empl oyees may protect their FLSA rights on their own behalf is to bring suits a gainst responsible state supervisory personnel in their individual capaciti es. Although such actions are not barred by sovereign immunity, the potenti al ability of state agents to invoke a defense of "qualified immunity" woul d severely impair state employees' ability to protect their FLSA rights. Th is Comment therefore argues that there is no basis either in the language o f the FLSA or at common law for applying the doctrine of qualified immunity to state officers liable for violations of the FLSA.