The statutory authority for employee suits under the Fair Labor Standards Act of 1938 is found in section 16(b). Suits under this section have been instituted in both state and federal courts. In practically every case the defendant has, by a motion to dismiss, challenged the jurisdiction of the court. The usual ground for the challenge in the state courts is that such suits seek to recover penalties incurred under a statute of the United States, and are, therefore, within the exclusive jurisdiction of the district courts of the United States. The jurisdiction of the federal district courts is generally challenged because of a lack of diversity of citizenship between the parties or because the plaintiff seeks recovery of a sum less than $3,000.
George W. Crockett Jr.,
JURISDICTION OF EMPLOYEE SUITS UNDER THE FAIR LABOR STANDARDS ACT,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol39/iss3/4