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COM. v. LUZIK

Record No. 982635.

524 S.E.2d 871 (2000)

259 Va. 198

COMMONWEALTH of Virginia v. Douglas W. LUZIK, et al.

Supreme Court of Virginia.

January 14, 2000.

Attorney(s) appearing for the Case

Sydney E. Rab, Assistant Attorney General (Mark L. Earley, Attorney General; Judith W. Jagdmann, Deputy Attorney General; Guy W. Horsley, Jr., Senior Assistant Attorney General; Anthony P. Meredith, Assistant Attorney General, on briefs), for appellant.

Michael T. Leibig, Washington, DC (Carla Markim Siegel, Fairfax; Kenneth E. Labowitz, Alexandria; Zwerdling, Paul, Leibig, Kahn, Thompson & Wolly, Fairfax; Dingman, Labowitz, Alexandria, on brief), for appellees.

Present: CARRICO, C.J., COMPTON, LACY, KEENAN, KOONTZ and KINSER, JJ.

KOONTZ, Justice.

In this appeal, we consider whether the Commonwealth has waived its right to assert the bar of sovereign immunity to a suit by state employees in state court for back overtime wages under the federal Fair Labor Standards Act (FLSA), 29 U.S.C. § 201, et seq.

BACKGROUND

On June 25, 1992, Douglas W. Luzik and fifteen other juvenile probation officers (the complainants), who work in various...

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