Justia Labor & Employment Law Opinion Summaries

Under the Minimum Wage Amendment (MWA) to the Nevada Constitution, if an employer provides health benefits, it may pay its employees a lower minimum wage than if no such health benefits are provided. The MWA also requires that health benefit premiums be capped at ten percent of the employee’s gross taxable income from the employer. The employees in these consolidated cases argued that employers must actually enroll employees in health benefit plans to be eligible to pay the lower-tier minimum wage and that the ten-percent cap does not include tips in its calculation of taxable income. The Supreme Court held (1) an employer need only offer a qualifying health plan to pay the lower wage; and (2) tips are not included in the calculation of taxable income. View "MDC Restaurants, LLC v. Eighth Judicial District Court" on Justia Law

In Thomas v. Nevada Yellow Cab Corp., published in 2014, the Supreme Court held that the Minimum Wage Amendment to the Nevada Constitution, enacted in 2006, impliedly repealed Nev. Rev. Stat. 608.250(2)(e)’s exemption of taxicab drivers from minimum wage requirements. In two separate cases, taxicab drivers filed class actions against several taxicab companies seeking unpaid taxicab driver wages dating back to the effective date of the Amendment. The taxicab companies moved to dismiss the complaints, asserting that Thomas applied prospectively, not retroactively. Thereafter, the taxicab companies filed writ petitions arguing that Thomas should apply only prospectively. The Supreme Court consolidated the writ petitions for disposition denied the petitions, holding that section 608.250(2)(e) was repealed when the Amendment became effective rather than from the date Thomas was published. View "Nevada Yellow Cab Corp. v. Eighth Judicial District Court" on Justia Law

In Employers Insurance Co. of Nevada v. Chandler, the Supreme Court held that an insurer may refuse to pay additional funds when a claimant reopens a workers’ compensation claim until the claimant demonstrates that he or she has exhausted any third-party settlement funds. In the instant case, Appellant, a construction driver, was injured by another driver during the course of his employment. Appellant filed a workers’ compensation claim, which his employer, through a workers’ compensation administrator (collectively, Employer), accepted. Employer eventually closed the claim. When Appellant was unable to return to work, he sought to reopen his claim, but Employer denied it. Appellant filed an administrative appeal. An appeals officer granted Employer summary judgment. At issue on appeal was whether Chandler precluded Appellant from reopening his claim because he spent settlement funds on expenses other than medical costs. The Supreme Court reversed, holding (1) a claimant may reopen his workers’ compensation claim after exhausting his settlement funds on nonmedical expenses; and (2) the appeals officer erred when issuing a decision without detailed findings of fact and conclusions of law. View "Poremba v. Southern Nevada Paving" on Justia Law

Respondent pleaded guilty to possession of stolen property. Because he could not afford bail, Respondent was incarcerated for one year. Respondent was fired by Employer because of his unexcused absences caused by his incarceration. The Nevada Employment Security Division (ESD) and the ESD Board of Review concluded that Respondent was not entitled to unemployment benefits because, by admitting to the criminal conduct that caused his incarceration, Respondent committed disqualifying misconduct. The district court reversed, ruling that the only misconduct connected with work was Respondent’s absenteeism, which was insufficient to deny benefits. The Supreme Court reversed, holding that Respondent’s absence from work was directly caused by his criminal conduct, and therefore, Respondent was disqualified from receiving benefits under Nev. Rev. Stat. 612.385. View "State, Employment Sec. Div. v. Murphy" on Justia Law

Appellant was terminated from her employment with Employer for failing to maintain an intern certification or obtain a counselor certification as required by Employer’s employment policy. Appellant applied to the Department of Employment, Training & Rehabilitation, Employment Security Division (ESD) for unemployment benefits. ESD denied Appellant’s claim, finding that she was terminated for misconduct connected with her work. ESD’s Board of Review denied Appellant’s appeal. The district court denied Appellant’s petition for judicial review, concluding that Appellant’s failure to receive her bachelor’s degree within ten years constituted misconduct connected with her employment. The Supreme Court affirmed, holding that because Appellant did not provide sufficient evidence to demonstrate that she made a reasonable, good-faith attempt to maintain her certification or to timely graduate, Appellant’s conduct amounted to disqualifying misconduct. View "Goodwin v. Jones" on Justia Law