Lessons In Complying With Nev. Minimum Wage Amendment

By Rick Roskelley and Kathryn Blakey, Littler Mendelson PC ( May 4, 2017, 11:35 AM EDT) -- On March 16, 2017, the Nevada Supreme Court issued a unanimous en banc decision regarding the oft-litigated Nevada Constitution's minimum wage amendment (MWA), Nev. Cost. art. XV § 16. The issues before the court in Western Cab Co. v. Eighth Judicial District Court[1], were threefold: (1) whether the MWA is preempted by the National Labor Relations Act; (2) whether the MWA is preempted by the Employee Retirement Income Security Act of 1974; and (3) whether the MWA is unconstitutionally vague due to lack of clarity on the definition of "health benefits" referred to in the amendment. The court held in the negative on all issues....

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