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JUSINO MERCADO v. COMMONWEALTH OF PUERTO RICO

Nos. 99-1584, 99-1661.

214 F.3d 34 (2000)

Luis JUSINO MERCADO, et al., Plaintiffs, Appellants, v. COMMONWEALTH OF PUERTO RICO, et al., Defendants, Appellees. Carlos Vega Castro, et al., Plaintiffs, Appellants, v. Commonwealth of Puerto Rico, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided May 31, 2000.

Attorney(s) appearing for the Case

Michael T. Leibig, with whom Carla M. Siegel and Zwerdling, Paul, Leibig, Kahn, Thompson & Wolly, P.C., were on brief, for appellants.

Gustavo A. Gelpi, Solicitor General, with whom Edda Serrano-Blasini, Deputy Solicitor General, Leticia Casalduc-Rabell and Irene S. Soroeta-Kodesh, Assistant Solicitors General, were on brief, for appellees.

Before SELYA, Circuit Judge, COFFIN, Senior Circuit Judge, and LIPEZ, Circuit Judge.

SELYA, Circuit Judge.

Spurred by the Supreme Court's changing explication of Eleventh Amendment jurisprudence, we recently determined that a non-consenting state cannot be sued in a federal venue by public employees who seek to enforce the penalty provisions of the Fair Labor Standards Act, 29 U.S.C. §§ 201-219 (FLSA). See Mills v. Maine, 118 F.3d 37, 49 (1st Cir.1997); accord Abril v. Virginia,

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