STERN, J.
It is undisputed that the state was Nelson Sounder's employer within the meaning of the 1966 amendment to the FLSA. The sole issue raised herein is whether the state may assert sovereign immunity as a defense to claims based upon federally-created rights under the FLSA, in an action brought by an individual in a state court. That issue is one which has been specifically left open by the United States Supreme Court in two recent cases.
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