INDIANAPOLIS (AP) — A federal judge has dismissed a lawsuit filed by two Indiana Department of Child Services investigators over having to work extensive overtime without receiving extra pay.

U.S. District Judge Jon DeGuilio in Hammond earlier this month agreed with the state’s argument that Indiana has the constitutional right to “sovereign immunity” and couldn’t be sued in federal court over the Fair Labor Standards Act.

The lawsuit filed last year by Arlene Nunez and Veronica Martinez claimed they often worked outside regular office hours responding to emergencies for the agency’s Lake County office.

Attorney Adam Sedia represents Nunez and Martinez and tells The Indianapolis Star they are appealing the decision.

Sedia says the agency has changed some of its policies, but he believes the employees should be compensated for past violations.