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Full-Text Articles in Law

The Original Roofing Co., Llc V. Chief Admin. Officer Of The Occupational Safety And Health Admin., 135 Nev. Adv. Op. 18 (Jun. 6, 2019), Riley Coggins Sep 2019

The Original Roofing Co., Llc V. Chief Admin. Officer Of The Occupational Safety And Health Admin., 135 Nev. Adv. Op. 18 (Jun. 6, 2019), Riley Coggins

Nevada Supreme Court Summaries

The Court held that supervisors’ knowledge that their own conduct, or that of an employee under their supervision, violates NOSHA safety laws cannot be attributed to the employer unless the impermissible actions were foreseeable.


City Of Mesquite V. Eighth Jud. Dist. Ct., 135 Nev., Adv. Op. 33, Dylan Lawter Sep 2019

City Of Mesquite V. Eighth Jud. Dist. Ct., 135 Nev., Adv. Op. 33, Dylan Lawter

Nevada Supreme Court Summaries

The City of Mesquite asked the Court to determine which statute of limitations (“SOL”) applies to a local government employee's complaint alleging both that the employer breached the collective bargaining agreement and that the union breached its duty of fair representation. The City argued that the claims are subject to a six-month limitations period under Nevada’s Local Government Employee-Management Relations Act (“EMRA”). The Court declined to answer the question. Instead, it clarified that there is no private cause of action to enforce a claim against a union for breach of the duty of fair representation in the first instance. But, …


Patush V. Las Vegas Bistro, Llc, 135 Nev. Adv. Op. 46 (Sep. 26, 2019), Katrina Weil Sep 2019

Patush V. Las Vegas Bistro, Llc, 135 Nev. Adv. Op. 46 (Sep. 26, 2019), Katrina Weil

Nevada Supreme Court Summaries

The Court determined that (1) claims for wrongful termination are subject to the limitations period from NRS § 11.190(4)(e) for injuries or death caused by another person’s wrongful act or neglect; and (2) attorney fees were not warranted under § NRS 18.010(2)(b) as the issue was one of first impression.


Bombardier Transp. Usa, Inc. V. Nev. Labor Comm’R; The Int’L Union Of Elevator Constructors; And Clark County, 135 Nev., Adv. Op. 3 (Jan. 17, 2019), Amanda Stafford Jan 2019

Bombardier Transp. Usa, Inc. V. Nev. Labor Comm’R; The Int’L Union Of Elevator Constructors; And Clark County, 135 Nev., Adv. Op. 3 (Jan. 17, 2019), Amanda Stafford

Nevada Supreme Court Summaries

The Court found Nevada’s wage law requirement for a “public work” applies to construction of the airport shuttle system. The Labor Commissioner did qualify the work as a “public work” because it is repair work and found that twenty percent of the work involved repair rather than maintenance so NRS § 338.010(15) does apply.


Politically Engaged Unionism: The Culinary Workers Union In Las Vegas, Ruben J. Garcia Jan 2019

Politically Engaged Unionism: The Culinary Workers Union In Las Vegas, Ruben J. Garcia

Scholarly Works

This chapter introduces the reader to "politically engaged unionism" as demonstrated by the bargaining successes of The Culinary Workers Union Local 226 in Las Vegas, Nevada. Professor Ruben J. Garcia provides a brief background of the union and its member demographics, arguing it can serve as a model for unions across the country.


Mandatory Arbitration Stymies Progress Towards Justice In Employment Law: Where To, #Metoo?, Jean R. Sternlight Jan 2019

Mandatory Arbitration Stymies Progress Towards Justice In Employment Law: Where To, #Metoo?, Jean R. Sternlight

Scholarly Works

Today our employment law provides workers with far more protection than once existed with respect to hiring, firing, salary, and workplace conditions. Despite these gains, continued progress towards justice is currently in jeopardy due to companies’ imposition of mandatory arbitration on their employees. By denying their employees access to court, companies are causing employment law to stultify. This impacts all employees, but particularly harms the most vulnerable and oppressed members of our society for whom legal evolution is most important. If companies can continue to use mandatory arbitration to eradicate access to court, where judges are potentially influenced by social …