Fourth Circuit Notes Split within the Ninth Circuit Re whether the FLSA Preempts Duplicative State Law Claims

Per Anderson v. Sara Lee Corp., --- F.3d ----, 2007 WL 4098229 (4th Cir. Nov. 19, 2007):

The Ninth Circuit has suggested, without deciding, that “[c]laims that are directly covered by the FLSA (such as overtime and retaliation disputes) must be brought under the FLSA.” Williamson v. Gen. Dynamics Corp., 208 F.3d 1144, 1154 (9th Cir.2000). In the wake of Williamson, district courts in the Ninth Circuit have split over whether the FLSA preempts duplicative state law claims. Compare Takacs v. A.G. Edwards & Sons, Inc., 444 F.Supp.2d 1100, 1116-18 (S.D.Cal.2006) (concluding that state claim was not preempted by FLSA), and Bahramipour v. Citigroup Global Mkts., Inc., No. C 04-4440, 2006 WL 449132, at *4-7 (N.D.Cal. Feb. 22, 2006) (same), with Flores v. Albertson's Inc., No. CV 01-00515, 2003 WL 24216269, at *5-6 (C.D.Cal. Dec. 9, 2003) (deeming state claims to be preempted by FLSA).


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