Monday, May 16, 2022 - Full Court

Martel vs. HG Staffing, LLC
Docket Number: 82161
Carson City - 1:30 pm - Full Court

This appeal arises from three district court orders dismissing claims in an employment matter concerning unpaid wages.

ISSUES:

On appeal, the appellants argue that the district court erred by concluding that: (1) a two-year limitations period applied to NRS 608.016, NRS 608.018, and NRS 608.020-.050, all of which are wage statutes; (2) a valid collective-bargaining agreement existed between the employer and the union; (3) the collective-bargaining agreement provided otherwise for overtime such that respondents were not required to comply with NRS 608.018’s overtime provisions; (4) the named employees did not have standing to represent union employees in a class-action lawsuit; (5) certain claims were time barred under NRS 608.020-.050; and (6) only the union could assert claims on behalf of union members.

Disclaimer:

This synopsis is intended to provide only general information about this case before the Nevada Supreme Court.  It is not intended to be all-inclusive or reflect all positions of the parties.  To access the documents that have been filed in this matter, type the docket number into the court’s case search page: https://caseinfo.nvsupremecourt.us/public/caseSearch.do

Ceballos vs. NP Palace LLC
Docket Number: 82797
Carson City - 2:00 pm - Full Court

After employee Danny Ceballos was required to drug test at his workplace, his employer fired him for testing positive for cannabis.

ISSUES:

Ceballos filed a complaint asserting that his discharge was tortious and in violation of NRS 613.333, which, in relevant part, prohibits an employer from discharging an employee for their lawful use in this state of any product.  After the district court held Ceballos failed to state a claim under NRCP 12(b)(5), he appealed.

Disclaimer:

This synopsis is intended to provide only general information about this case before the Nevada Supreme Court.  It is not intended to be all-inclusive or reflect all positions of the parties.  To access the documents that have been filed in this matter, type the docket number into the court’s case search page: https://caseinfo.nvsupremecourt.us/public/caseSearch.do