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Case: Wage & Hour/FLSA Overtime (9th Cir.)

March 26, 2020, 2:26 PM

The Ninth Circuit certified to the Arizona Supreme Court the question of whether the state of Arizona consented to damages liability for a state agency’s violations of the minimum wage or overtime provisions of the Fair labor Standards Act, staying a putative collective action of an “independent provider” of in-home caretaker services to a person with cerebral palsy through a Medicaid program operated by the Arizona Department of Economic Security’s Division of Developmental Disabilities. The provider claims the agency’s method for calculating compensation violates federal regulations, and seeks awards of unpaid overtime, unpaid minimum wages, and liquidated damages, plus interest....

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