202020P.pdf   04/05/2022  Melinda Myers  v.  Iowa Board of Regents
   U.S. Court of Appeals Case No:  20-2020
   U.S. District Court for the Southern District of Iowa - Eastern   
   [PUBLISHED] [Kobes, Author, with Shepherd and Wollman, Circuit Judges] 
   Civil case - Fair Labor Standards Act. In this FLSA action by employees of 
   the University of Iowa Hospitals and Clinics, plaintiffs alleged the Board 
   of Regents had violated the Act's overtime pay provisions; the district 
   court denied the Board's motion to dismiss, concluding the Regents had 
   constructively waived sovereign immunity from private enforcement of the 
   Act. Held: The state's administrative rules and pay plans providing for 
   FLSA overtime do not apply to the Board of Regents under Iowa Code Sec. 
   8A.413(1); rather, the Board of Regents has dealt with pay plans through 
   collective bargaining, and the current agreement does not include 
   provisions governing overtime or incorporating FLSA overtime standards; 
   since neither the legislature not the Board has guaranteed FLSA overtime 
   standards to Board employees, the Iowa Wage Payment Collection Law's 
   private cause of action cannot work as an express consent to suits under 
   the FLSA; with respect to the question of implicit consent to suit, the 
   matter is remanded to the district court to consider in the first instance 
   whether the legal consequences of the University of Iowa Hospitals and 
   Clinics actions can be imputed to the Board, since only the Board can 
   constructively waive its immunity.