the Fair Labor Standards Act of 1938 ( 29 U.S.C. 209 ). (b) Civil action by covered direct care professionals or individuals (1) Right of action An action to recover the damages or equitable relief prescribed in paragraph (1) may be maintained against any employer in any Federal or State court of competent jurisdiction by a covered direct care professional or individual or a representative for and on behalf of— (A) the covered direct care professional or individual