Document Type

Case Summary

Publication Date

7-29-2021

Case Synopsis

The Nevada Supreme Court reversed and remanded consolidated appeals of a district court order granting summary judgment in minimum wage matters. The question considered was whether the appellants were “employees” or “independent contractors” under the scope of the Minimum Wage Act and waiting time penalties for late-paid wages. The employee status for the Minimum Wage Amendment (MWA) under the Article 15, Section 16 of the Nevada Constitution is determined only by the economic realities test. The employee status for purposes of statutory waiting time penalties for late-paid wages may be affected by the presumption set forth in NRS 608.0155. The court reaffirmed that a contractual recitation stating a worker is not an employee is not conclusive under either test and is determined by the facts presented to the court. Further, employee status for the purpose of MWA or NRS Chapter 608 is not affected by the Nevada Transit Authority’s approval of a taxi lease under NRS 706.473. The Court held the district court erred when granting NTA’s approval of appellant leases foreclosed further inquiry into their employee status and the Court reversed and remanded.

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