Dancers' Minimum Wage Suit Reinstated
In Dancer v. Golden Coin, Ltd. the Nevada Supreme Court held that the Nevada Wage and Hour Law (NWHL) is not preempted by Federal Fair Labor Standards Act (FLSA), as the latter specifically states that higher state minimum wage laws will prevail over the FLSA requirements. The Court further found that the district court erred in denying a motion to substitute the class representative because, having erroneously determined the federal law applied, it applied the federal statute of limitations as well as the federal class action procedural rule requiring class members to opt in. However, NRCP 23 uses an opt out method for class determination. Accordingly, the claims of proposed new class representative were not time barred.
