MEMORANDUM *
Marcie Redgrave appeals the dismissal of her complaint. The district court ruled that the state of Arizona did not waive its sovereign immunity from Fair Labor Standards Act (“FLSA”) claims. As the facts are known to the parties, we repeat them only as necessary to explain our decision.
Unsure if Arizona consented to damages liability for a State agencys violation of the minimum wage or overtime provisions of the FLSA, we certified the matter to the Arizona Supreme Court. Redgrave v. Ducey, 953 F.3d 1123 (9th Cir. 2020). In answering our question, the court noted that “[t]he Arizona Constitution gives the legislature the authority to waive Arizonas sovereign immunity.” Redgrave v. Ducey, No. CV-20-0082-CQ, 493 P.3d 878, 879 (Ariz. Aug. 19, 2021). However, because “the legislature has not unequivocally consented to federal damages liability,” the court held that “Arizona has not consented to ․ liability under the FLSA.” Id. In light of the Arizona Supreme Courts decision, we conclude that Arizona has not abrogated its sovereign immunity against FLSA claims.
1
AFFIRMED.
FOOTNOTES
1
. Redgrave has waived the argument that Arizona waived its immunity by removing this case to federal court. Indep. Towers of Wash. v. Washington, 350 F.3d 925, 929 (9th Cir. 2003).