Nevada Appellate Lawyer & Attorney : Tami D. Cowden : Nevada Supreme Court, Ninth Circuit Court of Appeals

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.

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This week, in Long Island Care at Home v. Coke, the U.S. Supreme Court held that home health workers are not entitled to overtime pay under federal wage laws.  The Court held that in enacting amendments to the Fair Labor Standards Act (FLSA), Congress left the definition of who falls within exemptions to the determination of the Department of Labor in the regulations it enacts to carry out the FLSA.  The Department had determined that home health workers are exempt from the wage protections regardless of who pays the worker’s wages.  Accordingly, the home health worker, who was paid by a third party to act as a companion to elderly and infirm men and women, was not entitled to overtime pay.

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