Redgrave v. Ducey
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The Supreme Court accepted a question certified to it by the United States Court of Appeals for the Ninth Circuit and answered that Arizona has not consented to damages liability for a state agency's violation of the minimum wage or overtime provisions of the federal Fair Labor Standards Act (FLSA), 29 U.S.C. 206-207.
Plaintiff brought this putative claims action complaint asserting that the State violated the FLSA by failing to pay minimum wage and overtime compensation to state-employed in-home caretakers who, like herself, provide around the clock care to beneficiaries of the Arizona Long-Term Care System. The State removed the case to federal district court. The court granted the State's motion to dismiss, thus rejecting Plaintiff's contentions that the State waived its sovereign immunity by removing the case to the federal court and that the State waived its sovereign immunity as a matter of law. The Ninth Circuit then certified its question to the Supreme Court. The Supreme Court answered that the legislature has neither expressly consented nor implied its consent to federal damages liability, and therefore, Arizona has not consented to damages liability for a state agency's violation of the FLSA's minimum wage or overtime provisions.
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