Cite as: 528 U. S. 62 (2000)
Opinion of Thomas, J.
elucidates the ambiguity within § 216(b). Section 255(d), it will be recalled, suspended the running of the statute of limitations on actions under § 216(b) brought against a State or political subdivision on or before April 18, 1973 (the date Employees was decided) until "one hundred and eighty days after the effective date of the [1974 Amendments], except that such suspension shall not be applicable if in such action judgment has been entered for the defendant on the grounds other than State immunity from Federal jurisdiction." § 255(d) (emphasis added). As I explained in Part II,7 however, not only does § 255(d) on its face apply only to the FLSA, but Congress' failure to amend the ADEA's general incorporation of § 255, 29 U. S. C. § 626(e) (1988 ed.), strongly suggests that Congress paid scant attention to the impact of § 255(d) upon the ADEA. Accordingly, I cannot accept the notion that § 255(d) furnishes clarifying guidance in interpreting § 216(b) for ADEA purposes, whatever assistance it might provide to a construction of § 216(b) for FLSA purposes.8
* * *
For these reasons, I respectfully dissent from Part III of the Court's opinion.
7 Supra, at 101-105.
8 While § 255 once was incorporated by the ADEA, see § 7(e), 81 Stat. 605, 29 U. S. C. § 626(e) (1988 ed.), the ADEA was amended in 1991 to remove the incorporating reference, see Civil Rights Act of 1991, § 115, 105 Stat. 1079, 29 U. S. C. § 626(e). The current "unavailability" of § 255(d) for ADEA purposes perhaps explains why the Court, which purports to examine only the statute in its current form, ante, at 76, does not rely on § 255(d). But, as I have explained, without the light § 255(d) sheds on § 216(b), § 216(b) falls short of a clear statement of Congress' intent to abrogate.
109
Page: Index Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 NextLast modified: October 4, 2007