Justia Labor & Employment Law Opinion Summaries

Articles Posted in Supreme Court of Nevada
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The Supreme Court reversed the order of the district court denying Appellant's motion to compel arbitration, holding that where an arbitration agreement delegates the threshold question of arbitrability to the arbitrator, the district court must refer to the case to arbitration, even if the court concludes that the dispute is not subject to the arbitration agreement.Respondents filed a personal injury lawsuit against Uber after their Uber driver rear-ended another Uber driver. Uber moved to compel arbitration on the grounds that Respondents had agreed to arbitrate their claims. The district court denied the motion, concluding that the arbitration agreement did not plainly provide that the parties agreed to submit this particular dispute to arbitration. The Supreme Court reversed, holding that where the arbitration agreement's delegation clause expressly requires the arbitrator to determine threshold issues of arbitrability, the district court erred by denying Uber's motion to compel on the ground that the claims were not subject to the arbitration agreement. View "Uber Technologies, Inc. v. Royz" on Justia Law

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The Supreme Court affirmed the judgment of the district court denying and dismissing this class action complaint brought against Plaintiffs' former employer to obtain unpaid minimum and overtime wages, holding that the district court adhered to the law in its orders and that Plaintiffs failed to show a genuine issue of material fact.Plaintiffs filed a putative class action asserting four claims. In the aggregate, the district court issued three orders in favor of Defendant that Plaintiffs challenged on appeal, including an order granting in part Defendant's motion to dismiss, an order granting Defendant's motion for summary judgment, and a clarification order. The Supreme Court affirmed, holding that the district court did not err by (1) dismissing the majority of Plaintiffs' statutory claims as time-barred; (2) granting summary judgment; and (3) concluding that an employer that is a party to a collective bargaining agreement (CBA) is exempt from the overtime scheme under Nev. Rev. Sat. 608.018 so long as the CBA provides overtime in a different manner than the statute. View "Martel v. HG Staffing, LLC" on Justia Law

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The Supreme Court affirmed the judgment of the district court dismissing the complaint in this case for failure to state a claim, holding that an employee discharged after testing positive at work based on recreational marijuana use does not have a common-law tortious discharge claim.Plaintiff was terminated from his employment based on a positive test result for marijuana. Plaintiff brought this complaint arguing that he did not use marijuana in the twenty-four hours before that shift and that his use complied with Nevada's recreational marijuana laws. The district court dismissed the complaint. At issue before the Supreme Court was whether adult recreational marijuana use qualifies for protection under Nev. Rev. Stat. 613.333. The Supreme Court answered the question in the negative, holding that because federal law criminalizes the possession of marijuana in Nevada, marijuana use is not lawful in the state and does not support a private right of action under Nev. Rev. Stat. 613.333. View "Ceballos v. NP Palace, LLC" on Justia Law

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The Supreme Court affirmed the order of the district court denying Appellant's request for a declaration that Nev. Rev. Stat. 42.021 precluded Respondent from recovering its workers' compensation payments from Appellant's medical malpractice settlement proceeds, holding that the statute applies only to situations in which a medical malpractice defendant introduces evidence of a plaintiff's collateral source benefits.Appellant brought this action against Respondent asserting claims for declaratory and injunctive relief and claiming that Nev. Rev. Stat. 42.021(2) prohibited Respondent from asserting a lien against her settlement proceeds and seeking an injunction requiring Respondent to continue paying her workers' compensation benefits. The district court denied Appellant's motion for partial summary judgment and granted Respondent's Nev. R. Civ. P. 12(b)(5) motion, concluding that section 42.021's plain language applied only to actions where third-party payments were introduced into evidence and did not apply to cases that settled before trial. The Supreme Court affirmed, holding that the plain language of sections 42.021(1) and (2) prohibits a payer of collateral source benefits from seeking reimbursement from a medical malpractice plaintiff only when the medical malpractice defendant introduces evidence of those payments. View "Harper v. Copperpoint Mutual Insurance Holding Co." on Justia Law

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The Supreme Court reversed the district court's summary judgment as to damages for claims outside the two-year statute of limitations, holding that the court erred by tolling the statute of limitations far beyond two years based on an erroneous interpretation of the notice requirements of the Minimum Wage Act, Nev. Const. art. XV, 16.Respondents, the named representatives in this class action, were taxi drivers who brought suit against their former employer (Appellants) and its owner, alleging that Appellants failed to pay them minimum wage. The district court severed the claims against the owner and entered summary judgment for Respondents. The Supreme Court affirmed in part and reversed in part, holding (1) this matter was properly in front of the district court because plaintiffs in a class action may aggregate damages for jurisdiction; (2) the district court erred in tolling the statute of limitations; (3) damages were reasonably calculated; (4) claims against the owner were properly severed; (5) the attorney fees award and award of costs must be reconsidered; (6) the judgment was properly amended; and (7) the district court erred in denying a motion to quash a writ of execution without conducting an evidentiary hearing. View "A Cab, LLC v. Murray" on Justia Law

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The Supreme Court affirmed the order of the district court and appeals officer that Employee was incapacitated from earning "full wages" and therefore denying Employer and its insurer's petition for judicial review, holding that there was no error.At issue was whether Employee's inability to earn overtime due to his industrial injury amounted to being incapacitated from earning "full wages" such that he could seek to reopen his claim more than one year after its closing. The appeals officer concluded (1) Employee was incapacitated from earning full wages for the time specified under Nev. Rev. Stat. 616C.400(1); (2) that Employee had satisfied the statute's period of incapacitation; and (3) therefore, Nev. Rev. Stat. 616C.390(5) permitted Employee to submit an application to reopen his claim more than one year after it had closed. The district court affirmed. The Supreme Court affirmed, holding (1) the term "full wages" as used in section 616C.400(1) may include payments for overtime; and (2) substantial evidence supported the appeals officer's findings in this case. View "City of Henderson v. Wolfgram" on Justia Law

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The Supreme Court affirmed the judgment of the district court dismissing Appellant's complaint alleging discrimination based on age and sex, holding that Appellant's complaint was untimely filed.Following Respondent's termination of Appellant, Appellant sent a letter of inquiry to the Equal Employment Opportunity Commission and filed a charge of discrimination. After the limitation period for Appellant's potential claims against Respondent expired the Legislature amended Nev. Rev. Stat. 613.430, providing employees an additional ninety days to file a claim after receiving a letter giving them the right to sue. Appellant subsequently filed this complaint, alleging discrimination. The district court granted Respondent's motion to dismiss, finding that Appellant's claims expired under the former version of Nev. Rev. Stat. 613.430 and that the Legislature's amendments to that statute did not revive the claims. The Supreme Court affirmed, holding (1) the district court properly determined that the amendment did not revive Appellant's untimely claims; and (2) Appellant failed to establish the requirements for equitable tolling. View "Salloum v. Boyd Gaming Corp." on Justia Law

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The Supreme Court held that because Nevada's wrongful termination claims do not significantly conflict with any concrete federal interest expressed by the Labor Management Reporting and Disclosure Act (LMRDA), the LMRDA did not preempt those claims.This case concerned the termination of the employment of two plaintiffs with the Nevada Service Employees Union. Plaintiffs filed this complaint against Nevada Service Employees Union, Local 1107 and the Service Employees International Union, alleging, inter alia, breach of contract and wrongful termination. The district court granted summary judgment for the Unions, concluding that the LMRDA preempted all of Plaintiffs' claims. The Supreme Court reversed in part, holding (1) the LMRDA does not preempt state law wrongful termination claims; (2) the district court did not err in granting summary judgment in favor of one of the unions; and (3) the court did not abuse its discretion in denying a union's motion for attorney fees. View "Clark v. Service Employees International Union" on Justia Law

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The Supreme Court accepted a question certified to it by the United States District Court for the District of Nevada asking to decide whether Nev. Rev. Stat. 41.031(1) constitutes a waiver of Nevada's sovereign immunity from damages liability under the Fair Labor Standards Act (FLSA), holding that Nevada has waived the defense of sovereign immunity to liability under the FLSA.Appellant and several other employees of the Nevada Department of Corrections (NDOC) filed a putative class and collective action complaint alleging that the State and NDOC violated the FLSA and the state Minimum Wage Amendment (MWA) and breached their contract under state law. The State removed the action to federal district court, where at issue was whether the State possessed sovereign immunity. The district court concluded that the State waived its Eleventh Amendment immunity by removing the case to federal court. The Ninth Circuit affirmed and left open the question of whether the State retained its sovereign immunity from liability. The court then certified the question to the Supreme Court. The Supreme Court answered that, by enacting Nev. Rev. Stat. 41.031(1), Nevada consented to damages liability for a State agency's violation of the minimum wage or overtime provisions of the federal Fair Labor Standards Act. View "Echeverria v. State" on Justia Law

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The Supreme Court affirmed the decision of the district court dismissing Appellant's petition for judicial review challenging his dismissal from employment as a correctional officer and denying his amended petition for judicial review that correctly named all parties as respondents, holding that Prevost v. State, Department of Administration, 418 P.3d 675 (Nev. 2018) is overruled.In Prevost, the Supreme Court concluded that the petitioner's failure to name one party of record in the caption of a petition for judicial review was not jurisdictionally fatal under Nev. Rev. Stat. 233B.130(2)(a) because the petition named the missing respondent in the body of the petition and served the missing respondent with the petition. The Supreme Court overruled Prevost, holding (1) because Nev. Rev. Stat. 233B.130(2)(a) plainly requires petitioners to name all parties as respondents, Prevost is overruled; (2) Appellant failed to strictly comply with section 233B.130(2)(a), and therefore, the district court correctly dismissed his petition; and (3) Appellant failed to timely filed his amended petition pursuant to section 233B.130(2)(d), and therefore, the district court correctly denied the motion to amend. View "Whitfield v. Nevada State Personnel Commission" on Justia Law