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Full-Text Articles in Labor and Employment Law

Sargeant V. Henderson Taxi, 133 Nev. Adv. Op. 27 (June 1, 2017), Ping Chang Jun 2017

Sargeant V. Henderson Taxi, 133 Nev. Adv. Op. 27 (June 1, 2017), Ping Chang

Nevada Supreme Court Summaries

The Court determined that (1) a summary judgment is proper when the opposing party did not file a substantive opposition to the motion for summary judgment and (2) a class certification is inappropriate when the plaintiff/appellant did not meet the burden of demonstrating “numerosity, commonality, and typicality,” and the ability to “fairly and adequately” represent the class members when an earlier-filed grievance between the union and taxi company resolved the minimum wage back-pay dispute at issue.


Western Cab Co. V. Eighth Jud. Dist. Ct., 133 Nev. Adv. Op. 10, (Mar. 16, 2017), Sydney Campau Mar 2017

Western Cab Co. V. Eighth Jud. Dist. Ct., 133 Nev. Adv. Op. 10, (Mar. 16, 2017), Sydney Campau

Nevada Supreme Court Summaries

An employer challenged the validity of Nevada’s Minimum Wage Amendment (MWA). The Court held that (1) the MWA is not preempted by the NLRA, (2) the MWA is not preempted by ERISA, and (3) the MWA is not unconstitutionally vague. The Court declined to address factual issues related to the employer’s wage calculations.


Mdc Rests. V. Eighth Jud. Dist. Ct., 132 Nev. Adv. Op. 76 (Oct. 27, 2016), Alysa Grimes Oct 2016

Mdc Rests. V. Eighth Jud. Dist. Ct., 132 Nev. Adv. Op. 76 (Oct. 27, 2016), Alysa Grimes

Nevada Supreme Court Summaries

To “provide” health benefits under the Minimum Wage Amendment, an employer need only offer to employees (rather than enroll them in) a qualifying health benefit plan. Tips are not included in an employee’s gross taxable income for calculating maximum health benefit plan premiums.


Perry V. Terrible Herbst, Inc., Nev. Adv. Op. 75 (Oct. 27, 2016), Wesley Lemay Jr. Oct 2016

Perry V. Terrible Herbst, Inc., Nev. Adv. Op. 75 (Oct. 27, 2016), Wesley Lemay Jr.

Nevada Supreme Court Summaries

The Minimum Wage Amendment (MWA) of the Nevada Constitution does not have a specific statute of limitations provision. Because the MWA is closely analogous to recovery for back pay under NRS 608.260, the two-year statute of limitations provision in NRS 608.260 applies, and not the catch-all four-year period from NRS 11.220.