Articles Posted in Labor & Employment Law

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In this dispute between two labor unions over which entity has the right to represent Clark County School District employees as the exclusive bargaining representative, the Supreme Court affirmed the order of the district court concluding that the Local Government Employee-Management Relations Board exceeded its statutory authority by ordering a second, discretionary, runoff election with a different vote-counting standard, holding that the Board incorrectly interpreted the governing statute and regulation. In the three elections that have occurred since the dispute in this case arose, the challenging union secured a majority of the votes cast but failed to secure a majority of the members of the bargaining unit. After the last election, the Board deemed the challenging union the winner of the election because the union obtained a majority of the votes cast. The Supreme Court affirmed the district court’s order granting the petition for judicial review, holding (1) the vote-counting standard mandated by Nev. Rev. Stat. 288.160 and Nevada Administrative Code 288.110 is a majority of the members of the bargaining unit and not simply a majority of the votes cast; and (2) therefore, the Board’s interpretation of section 288.160(4) and 288.110 as allowing for the use of a majority-of-the-votes cast standard at the runoff election was improper. View "State, Local Government Employee-Management Relations Board v. Education Support Employees Ass’n" on Justia Law

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In this public records request matter, the Supreme Court held that the Nevada Public Records Act requires the Public Employees’ Retirement System of Nevada (PERS) to disclose certain employment and pension payment information held in its computer database about its government retirees where the requested information merely requires searching a database for existing information, is readily accessible and not confidential, and the alleged risks posed by disclosure do not outweigh the benefits of the public’s interest in access to the records. In the instant matter, the district court required disclosure of the requested information. The Supreme Court held (1) PERS failed to demonstrate the requested information was confidential by statute; (2) the risks posed by the disclosure did not clearly outweigh the benefits of the public’s interest in access to the records; and (3) the requested information did not require the creation of a new record. The Court remanded for the district court to determine an appropriate way for PERS to comply with the request where the computer database may no longer be able to produce the information as it existed when the public records request was made. View "Public Employees’ Retirement System of Nevada v. Nevada Policy Research Institute, Inc." on Justia Law

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In this workers’ compensation case, the Supreme Court affirmed summary judgment in favor of Employer, holding that an injury arising from Employer’s failure to provide medical assistance to Employee suffering a stroke arose out of and in the course of the employment, and therefore, Employee’s sole remedy for the injury was workers’ compensation. Employee sued Employer for failure to aid him during the “golden window” of diagnostic and treatment opportunity when he was suffering a stroke. The district court granted summary judgment for Employer, concluding that Employee’s exclusive remedy was workers’ compensation. The Supreme Court affirmed, holding that Employee’s exclusive remedy against Employer was workers’ compensation because his injuries occurred in the course of his employment and arose out of his employment. View "Baiguen v. Harrah’s Las Vegas, LLC" on Justia Law

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In this dispute over a noncompete agreement (NCA) the Supreme Court reaffirmed its previous holdings that an NCA must be limited to the geographical areas in which an employer has particular business interests and emphasized that this precedent remains applicable in instances where the NCA imposes a nationwide restriction on the former employee. The Court further clarified that an employer seeking a preliminary injunction enforcing an NCA bears the burden of making a prima facie showing of the NCA’s reasonableness. In this dispute over an NCA, the Supreme Court reversed the district court’s grant of the motion for a preliminary injunction filed by Respondent, an employer, seeking to enforce the terms of a noncompete agreement (NCA) against Appellant, a former employee, holding that Respondent failed to make a prima facie showing that the NCA was reasonable by showing its restrictions did not extend beyond date geographical areas in which Respondent conducted business. View "Shores v. Global Experience Specialists, Inc." on Justia Law

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The Minimum Wage Amendment (MWA) to the Nevada Constitution requires an employer who provides health benefits and pays one dollar per hour less in wages than an employer who does not provide health benefits to provide a benefit in the form of health insurance at least equivalent to the one dollar per hour in wages that the employee would otherwise receive. Employees alleged that their Employer paid them the lower-tier minimum wage without providing sufficient health benefits under the MWA. Employees moved for summary judgment, arguing that the health insurance offered by Employer did not comply with Nevada statutes placing substantive requirements on health insurance. The district court granted summary judgment for Employees, concluding that an employer provides health benefits sufficient to pay the MWA’s lower-tier minimum wage only if the employer offers health insurance that complies with Nev. Rev. Stat. chapter 608, 689A and 689B. The Supreme Court granted Employer’s request for extraordinary relief, holding that an employer is qualified to pay the lower-tier minimum wage if the employer offers a benefit to the employee in the form of health insurance of a value greater than or equal to the wage of an additional dollar per hour. View "MDC Restaurants, LLC v. Eighth Judicial District Court" on Justia Law

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The failure to name a party of record in the caption of a petition for judicial review is not jurisdictionally fatal under Nev. Rev. Stat. 233B.130(2)(a) where the party is named in the body of the petition and is properly served with the petition. Appellant, a former corrections officer employed by the State of Nevada, Department of Corrections (NDOC), filed a workers’ compensation claim. Cannon Cochran Management Services, Inc. (CCMSI), as NDOC’s third-party administrator, denied Appellant’s claim. An appeals officer affirmed. Appellant then filed a petition for judicial review. The caption of the petition listed as respondents NDOC and the Department of Administration but did not individually identify CCMSI. The district court dismissed Appellant’s petition for judicial review for lack of jurisdiction. The Supreme Court reversed, holding that Appellant’s failure to name CCMSI in the caption of the petition did not render the petition jurisdictionally defective because the body of the petition named CCMSI through incorporation by reference of the attached administrative decision and CCMSI was timely served with the petition. View "Prevost v. State, Department of Administration" on Justia Law

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Where the record showed that, when faced with a resign-or-be-fired option, Appellant’s decision to resign was freely given and stemming from his own choice, such a resignation was voluntary pursuant to Nev. Rev. Stat. 612.380. Appellant filed a claim for unemployment insurance benefits with the Employment Security Division (ESD). An ESD claims adjudicator denied the claim based on section 612.380, stating that Appellant voluntarily resigned because he resigned from his employment in anticipation of being discharged or laid off. An administrative referee and Board of Review upheld the decision. The district court denied Appellant’s petition for judicial review. The Supreme Court affirmed, holding (1) Appellant voluntarily resigned pursuant to section 612.380; and (2) substantial evidence supported the appeals referee’s determination that Appellant lacked good cause to resign, which rendered him ineligible for unemployment benefits. View "Dolores v. State, Department of Employment Security Division" on Justia Law

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Zenor was employed by the Nevada Department of Transportation (NDOT) when he injured his wrist on the job. Eleven months later, Zenor underwent an examination and received an evaluation by his treating physician, Dr. Huene, who determined Zenor was not yet capable of performing his pre-injury job duties. Two months later, Dr. Huene again examined Zenor and determined he could fully use his wrist with a brace as needed. Less than one month later, Dr. Huene released Zenor "without limitations." Zenor delivered the full release to NDOT that same day. NDOT nonetheless commenced proceedings and separated him from employment for medical reasons. An administrative hearing officer reversed. The district court affirmed. Zenor sought attorney fees under NRS 18.010(2)(b) on the ground that NDOT unreasonably brought its petition to harass him. The court held that NRS 233B.130 prohibited attorney fees in a judicial action of a final agency decision. The Nevada Supreme Court affirmed. NRS 233B.130(6), which states that the provisions of NRS Chapter 233B provide the exclusive means of judicial action in a petition for judicial review, prohibits an award of attorney fees under NRS 18.010(2)(b) in petitions for judicial review. View "Zenor v. State of Nevada Department of Transportation" on Justia Law

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Felton, then employed by Hewlett-Packard, sustained a minor injury to his knee while volunteering on a Douglas County search and rescue team. Felton sought insurance benefits from Douglas County and its workers' compensation insurance carrier. The third-party claims adjustor, ASC, notified Felton that it had calculated his average monthly wage (AMW) for the purpose of determining the amount of benefits based upon the statutorily deemed wage of a search and rescue volunteer as set forth in NRS 616A.157, which is $2,000 per month. ASC awarded Felton a one-percent permanent partial disability (PPD) or whole person impairment (WPI). A hearing officer affirmed the award. Felton appealed only the determination that his AMW should be set at the statutorily deemed wage of a search and rescue volunteer. The appeals officer affirmed, holding that Felton was not entitled to an AMW that aggregated his statutorily deemed wage and his earned wage from his private employment. The Nevada Supreme Court reversed. The plain language of the statutes and regulations requires the aggregation of concurrently earned wages. View "Felton v. Douglas County" on Justia Law

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At issue was whether untimely service of a petition for judicial review on the Attorney General mandates dismissal of the petition. The Supreme Court held (1) while service of a petition for judicial review on the Attorney General under Nev. Rev. Stat. 233B.130(2)(c)(1) is mandatory and jurisdictional and must be effected within the statutorily prescribed forty-five-day period, that time period can be extended when good cause is shown under section 233B.130(5); (2) the district court may exercise its authority to extend the forty-five-day period either before or after the service period has run; and (3) because the district court in this case did not determine whether good cause to extend the time to serve the Attorney General existed before declining to consider Appellant’s motion to extend the time for service, this matter must be remanded for such a determination. View "Heat & Frost Insulators and Allied Workers Local 16 v. Labor Commissioner" on Justia Law