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Nevada Supreme Court Affirms that Arbitration Agreements in CC&Rs are Binding and Enforceable

In a win for residential developers seeking an alternative forum to resolve construction-defect claims, the Nevada Supreme Court rules that arbitration agreements in CC&Rs are enforceable. Based on the following, the court...more

Ninth Circuit Adopts Primary Beneficiary Test to Determine Whether Vocational Students Are “Employees” Under the Fair Labor...

In a case of first impression in the Ninth Circuit, Benjamin v. B&H Education, No. 15-17147 (9th Cir. December 19, 2017), the Ninth Circuit Court of Appeals adopted the “primary beneficiary test” to determine whether...more

Nevada Supreme Court Holds that Employees Have a Private Right of Action for Unpaid Wages

In a case of first impression in Nevada, Neville v. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 95 (Dec. 7, 2017), the Nevada Supreme Court held that employees have a private right of action to recoup unpaid wages under...more

Ninth Circuit Rejects DOL’s “80/20 Rule” for Sidework: What This Means for Employers of Tipped Employees

The Ninth Circuit Court of Appeals recently rejected the U.S. Department of Labor’s (“DOL”) tip-credit guidance, commonly known as the “80/20 rule,” as well as its guidance on tasks unrelated to a tipped occupation. The...more

Nevada’s Pregnant Workers’ Fairness Act Becomes Effective October 1, 2017: What Employers Need To Know

Nevada’s Pregnant Workers’ Fairness Act (NPWFA) expands the scope of protections provided to female employees for conditions related to pregnancy, childbirth, or a related medical condition. The NPWFA takes effect on October...more

Is the Retroactive Statute of Repose for Construction Defect Claims Constitutional?

With the February 24, 2015, enactment of Assembly Bill 125 (2015 Nevada Laws, Ch. 2), much has changed in the world of residential construction defect litigation. One of the most dramatic shifts has been the reduction of the...more

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