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BERERA v. MESA MEDICAL GROUP, PLLC

No. 14-5054.

779 F.3d 352 (2015)

Tammy BERERA, Individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. MESA MEDICAL GROUP, PLLC, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

February 19, 2015.

Attorney(s) appearing for the Case

ON BRIEF: J. Dale Golden , Justin S. Peterson , Golden & Walters, PLLC, Lexington, Kentucky, for Appellant. Daniel E. Danford , Stites & Harbison, PLLC, Lexington, Kentucky, for Appellee.

Before: KEITH, MOORE, and STRANCH, Circuit Judges.

OPINION

The basic issue in this case is whether Plaintiff Tammy Berera asserted state-law claims for unpaid wages or a federal claim for a refund of taxes under the Federal Insurance Contribution Act ("FICA"). See generally 26 U.S.C. §§ 3101-3128. FICA imposes a 7.65% tax on the wages of...

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