Nevada Constitution Provides Exclusive Exemptions from Minimum Wage | Practical Law

Nevada Constitution Provides Exclusive Exemptions from Minimum Wage | Practical Law

This Law Firm Publication by Jackson Lewis P.C. discusses Thomas v. Nevada Yellow Cab, in which the Nevada Supreme Court ruled that those identified by Nevada's minimum wage statute (NRS Section 608.250(2)) as exempt from the minimum wage are no longer exempt. The court found that the Minimum Wage Amendment to the Nevada Constitution, which was approved and ratified by voters in 2004 and 2006, only lists as exempt (1) employees under age 18, (2) employees working for non-profits for after-school or summer work or (3) trainees working for no longer than 90 days. The Nevada Supreme Court held that the principle of constitutional supremacy precludes the Nevada Legislature from providing for any additional exemptions. Therefore, Nevada employers can no longer rely on the statutory exemptions to the payment of minimum wage, and Nevada employers must pay the minimum wage to all workers not in one of the three categories specifically listed as exempt in the Nevada Constitution.

Nevada Constitution Provides Exclusive Exemptions from Minimum Wage

Practical Law Legal Update 7-573-3866 (Approx. 3 pages)

Nevada Constitution Provides Exclusive Exemptions from Minimum Wage

by Jackson Lewis P.C.
Published on 02 Jul 2014Nevada, United States
This Law Firm Publication by Jackson Lewis P.C. discusses Thomas v. Nevada Yellow Cab, in which the Nevada Supreme Court ruled that those identified by Nevada's minimum wage statute (NRS Section 608.250(2)) as exempt from the minimum wage are no longer exempt. The court found that the Minimum Wage Amendment to the Nevada Constitution, which was approved and ratified by voters in 2004 and 2006, only lists as exempt (1) employees under age 18, (2) employees working for non-profits for after-school or summer work or (3) trainees working for no longer than 90 days. The Nevada Supreme Court held that the principle of constitutional supremacy precludes the Nevada Legislature from providing for any additional exemptions. Therefore, Nevada employers can no longer rely on the statutory exemptions to the payment of minimum wage, and Nevada employers must pay the minimum wage to all workers not in one of the three categories specifically listed as exempt in the Nevada Constitution.