Opinion
No. 17-56581 No. 18-55276
10-08-2019
ORDER
The opinion filed on August 22, 2019 is amended as follows:
On page six of the opinion, in the paragraph beginning "As employers of the homecare providers," replace < As employers of the homecare providers, the State and County> with < Assuming, without deciding, the State and County are employers of the homecare providers, they>. With this amendment, the panel votes to deny the appellant’s petition for panel rehearing. [Dkt. 51] Judges Wardlaw and Bennett vote to deny the appellant’s petition for rehearing en banc [DKT No. 51], and Judge Cardone so recommends. The full court has been advised of the petition for rehearing en banc, and no active judge has requested a vote on whether to rehear the matter en banc. Fed. R. App. P. 35. The petition for panel rehearing and rehearing en banc is therefore DENIED . No further petitions for panel or en banc rehearing shall be permitted.