Supreme Court of the United States

Breuer v. Jim’s Concrete of Brevard, Inc.

May 19, 2003538 U.S. 691

Summary

The Supreme Court held that the Fair Labor Standards Act’s provision that actions “may be maintained ... in any Federal or State court of competent jurisdiction” does not bar removal to federal court. Because removal is generally permitted unless Congress expressly provides otherwise, and the statutory term “maintain” is ambiguous rather than an express prohibition, the removal was proper.