2:09-cv-00748
D. Nev.Mar 3, 2014Background
- Defendants moved to reconsider the court's order denying summary judgment on wage claims under Nev. Rev. Stat. § 608.016 and § 608.040 and Article 15, § 16(B) of the Nevada Constitution.
- The Dec. 20, 2011 order found those wage claims viable as a matter of law and allowed a private action under § 608.100.
- Defendants argued law-of-the-case precluded reconsideration in light of intervening authorities and Nevada Supreme Court decisions.
- The court analyzed whether private rights of action exist under §§ 608.016, 608.040, and related provisions, noting unsettled authority and flux in the law.
- The court rejected the notion that the prior decision was clearly erroneous; it concluded the issues remained viable and denied reconsideration on March 3, 2014.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether law-of-the-case precludes reconsideration. | Greene argues the prior holdings remain valid law and should stand. | Waxler/Waxler Defendants contend intervening authority undermines the prior ruling. | No clear error; reconsideration denied. |
| Whether private rights of action exist under §§ 608.016 and 608.040. | Plaintiffs maintain private actions are viable under these provisions. | Defendants urge that there is no private right of action per controlling authorities. | Remains unsettled; court declines to reverse and holds viable under current posture. |
| Whether § 608.100 claims are sufficiently raised. | Plaintiffs have stated a claim under § 608.100. | Defendants dispute the sufficiency of the § 608.100 claim. | Court finds sufficient pleaded claim under § 608.100. |
| Whether Article 15, § 16(B) of the Nevada Constitution supports a viable claim. | Plaintiffs argue constitutional wage protections are properly pled. | Defendants offer no new authority and rely on prior analysis. | Plaintiffs sufficiently state a claim under Article 15, § 16(B). |
Key Cases Cited
- Baldonado v. Wynn Las Vegas, LLC, 194 P.3d 96 (Nev. 2008) (no private right of action to enforce § 608.160)
- Buenaventura v. Champion Drywall, Inc., 803 F. Supp. 2d 1215 (D. Nev. 2011) (private action questions exist within unsettled framework)