Whittington v. State Department of Public Safety

Summary

The New Mexico Supreme Court considered whether state police officers could pursue Fair Labor Standards Act overtime claims against the New Mexico Department of Public Safety. Relying on its concurrently issued decision in Cockrell, the court held that New Mexico had not waived its constitutional sovereign immunity from FLSA claims and affirmed dismissal of those claims. The court did not address the plaintiffs’ separate breach of contract claim because it was not part of the appeal.

Holdings

1. New Mexico has not waived its constitutional sovereign immunity from direct FLSA claims by enacting NMSA 1978, Section 37-1-23, even when the claims are based on written employment policies alleged to constitute a contract.
2. The district court properly dismissed the plaintiffs' FLSA claims on sovereign-immunity grounds.

Questions Presented

1. Whether New Mexico state employees may bring direct FLSA claims against the State by establishing a waiver of sovereign immunity under NMSA 1978, Section 37-1-23, for claims based on written employment policies constituting a contract.
2. Whether the district court properly dismissed the plaintiffs' FLSA claims on sovereign-immunity grounds.

Disposition

affirmed