The Nevada Restaurant Association (“NvRA”) retained Sutton Hague Law Corporation (“SHLC”) to submit an amicus brief to the Nevada Supreme Court on its behalf in the case commonly known as Neville, Jr. v. Eighth Judicial District Court. This case will determine whether or not employees have a private right of action to bring a lawsuit directly against their employer for unpaid overtime wages or whether employees must pursue such a claim through the Nevada Labor Commissioner’s office.
In the brief filed by SHLC on November 28, 2016, the NvRA takes the position that there is no private right of action under Nevada law for employees to bring suit in court against their employer for unpaid overtime wages under Nevada Revised Statute 608.018. Implying a private right of action, where no express language exists to grant such a right, would go against legislative intent and public policy. The Nevada Office of the Labor Commissioner is a less expensive and more efficient resource to bring a claim for unpaid overtime wages. Additionally, requiring employees with unpaid overtime claims to seek administrative enforcement through the Labor Commissioner helps prevent further burdening of already crowded courts.
It is expected that the Nevada Supreme Court will issue a decision in late 2017 or 2018.