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BONNETTE v. CALIFORNIA HEALTH AND WELFARE AGENCY

Nos. 81-4565, 82-4174.

704 F.2d 1465 (1983)

Eleanor BONNETTE, Faye Pryor, Vickie Young, Joanne R. Cardone, Wai Jin Wong Fong, Thet Poy Chung, Elizabeth Tears, Plaintiffs-Appellees, United States of America, Intervenor, v. CALIFORNIA HEALTH AND WELFARE AGENCY and Mario Obledo; California Department of Health and Beverlee Myers; California Department of Social Services and Marion Woods; Solano County Public Welfare Department and Crawford Tucker; San Francisco County Department of Social Services and Edwin Sarsfield; Sacramento County Department of Social Welfare and William Redmond, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided May 5, 1983.

As Amended June 22, 1983.

Attorney(s) appearing for the Case

Scott A. Fink, Heller, Ehrman, White & McAuliffe, San Francisco, Cal., for plaintiffs-appellees.

Joseph Woodward, Dept. of Labor, Washington, D.C., for intervenor.

Winifred Y. Smith, San Francisco, Cal., Thomas H. Gordinier, Fairfield, Cal., Gretchen Nicholson, San Francisco, Cal., for defendants-appellants.

Before ANDERSON, HUG, and NORRIS, Circuit Judges.

HUG, Circuit Judge:

This action, alleging violation of the Fair Labor Standards Act's minimum wage provisions, was brought against state and county agencies by individuals who provided in-home care to disabled public assistance recipients. The district court, 525 F.Supp. 128, entered judgment for the plaintiffs-appellees. On appeal, the State and Counties argue that (1) they were not employers of the plaintiffs-appellees within...

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