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RAY v. LOS ANGELES CTY. DEPT., PUBLIC SOCIAL SERV.

No. 20-56245.

52 F.4th 843 (2022)

Trina RAY; Sasha Walker, individually, and on behalf of all others similarly situated, Plaintiffs-Appellants, v. LOS ANGELES COUNTY DEPARTMENT OF PUBLIC SOCIAL SERVICES, Defendant-Appellee, and California Department of Social Services, Defendant.

United States Court of Appeals, Ninth Circuit.

FILED November 4, 2022.

Attorney(s) appearing for the Case

Matthew C. Helland (argued) and Daniel S. Brome, Nichols Kaster LLP, San Francisco, California; Philip Bohrer, Bohrer Brady LLC, Baton Rouge, Louisiana; for Plaintiffs-Appellants.

Jennifer M. Hashmall (argued), Jason H. Tokoro, Jeffery B. White, and Emily A. Rodriguez-Sanchirico, Miller Barondess LLP, Los Angeles, California; Lester J. Tolnai, Office of the County Counsel, Los Angeles, California; for Defendant-Appellee.

Jennifer Bacon Henning, California State Association of Counties, Sacramento, California, for Amicus Curiae California State Association of Counties.

Partial Concurrence and Partial Dissent by Judge Berzon.

OPINION

The State of California and the County of Los Angeles administer an In-Home Supportive Services program ("IHSS program"), which allows low-income elderly, blind, or disabled residents of the County to hire a provider to help them with daily living activities. In 2013, the U.S. Department of Labor ("DOL") issued a new rule...

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