Case: Wage & Hour/Sovereign Immunity (M.D. Fla.)

The Collier County, Fla. circuit court clerk and comptroller is entitled to dismissal of the Family and Medical Leave Act claims against her in her official capacity because she has sovereign immunity from any FMLA claims given that Florida circuit court clerks are arms of the state, a federal court in Florida ruled. Applying a four-part test, the court concluded that Florida circuit court clerks are arms of the states entitled to sovereign immunity because state law defines the circuit court clerks as state entities, many of the clerk’s judicial functions are tightly regulated by the state, the budgeting procedure ...