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SOLIS v. WASHINGTON

No. 10-35590.

656 F.3d 1079 (2011)

Hilda L. SOLIS, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. State of WASHINGTON, Dep't of Soc. & Health Servs., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 9, 2011.

Attorney(s) appearing for the Case

M. Patricia Smith , Solicitor of Labor; William C. Lesser , Acting Associate Solicitor; Paul L. Frieden , Counsel for Appellate Litigation; Rachel Goldberg , Attorney, for the plaintiff-appellant.

Robert M. McKenna , Washington State Attorney General; Kara A. Larsen , Assistant Attorney General Labor and Personnel Division, Olympia, WA, Patrick Madden , K&L Gates LLP, Special Assistant Attorney General, Seattle, WA, for the defendant-appellee.

Before: JOHN T. NOONAN and MILAN D. SMITH, JR., Circuit Judges, and JEREMY FOGEL, District Judge.

OPINION

FOGEL, District Judge.

The Secretary of Labor1 has filed a complaint against the State of Washington, Department of Social and Health Services ("DSHS"), alleging that DSHS has failed to pay overtime compensation to certain social workers in violation of the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. § 201, et seq. ("FLSA"). The district court granted summary judgment in favor of DSHS, concluding...

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