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The Supreme Court unanimously held 5/19/03 that the provision of the Fair Labor Standards Act of 1938 ("FLSA") providing that suit "may be maintained...in any Federal or State court of competent jurisdiction" does not bar removal of an FLSA action from state to federal court. The federal removal statute, 28 U.S.C. § 1441(a), provides that if an action over which the federal district courts have original jurisdiction is brought in state court, it may be removed by the defendant to federal district court "[e]xcept as otherwise expressly provided by Act of Congress." The Supreme Court held that there was no question that this FLSA suit could have been brought initially in federal district court. And 29 U.S.C. § 216(b)’s "may be maintained" language is ambiguous, and thus does not "expressly" prohibit removal. This case is important to all entities that are or may become involved in litigation brought in state court under the FLSA.