Monday January 6, 2020 - Carson City - Full Court

State, Dep’t of Emp’t, Training & Rehab vs. Sierra Nat’l Corp.
Docket Number: 76639
Carson City - Carson City – 1:00 p.m. – Full Court - Full Court

The Love Ranch is a legal brothel operating in Lyon County. The Employment Security Division audited the Love Ranch and concluded the prostitutes working there are employees. The Love Ranch appealed this decision to the administrative agency, and requested subpoenas for information related to the audit and to other audits of other brothels. The Love Ranch also filed a public records request pursuant to NRS Chapter 239 for information related to the audit and to audits of other brothels. When that request was denied on grounds that it lacked sufficient specificity, the Love Ranch petitioned the district court for a writ of mandamus to compel disclosure of the records under the public records act. The district court granted that writ, and this appeal followed.

ISSUES:

The issues on appeal include whether: (1) the information requested in the public records request is exempt from disclosure under Nevada’s Public Records Act; (2) the Love Ranch was required to exhaust its administrative remedies before seeking a writ of mandamus to compel disclosure of the information under the public records act; (3) the public records request was properly denied on grounds that it lacked specificity; (4) the district court had jurisdiction to hear the writ petition where the public records request sought information that was also sought in the administrative case; and (5) writ relief was appropriate here where the parties were involved in an administrative appeal and the records were sought for use in that appeal.

Disclaimer:

This synopsis is intended to provide only general information about this case before the Nevada Supreme Court. It is not intended to be all-inclusive or reflect all positions of the parties. To access the documents that have been filed in this matter, type the docket number into the court’s case search page: http://caseinfo.nvsupremecourt.us/public/caseSearch.do

Franklin vs. Russell Rd. Food and Beverage, LLC
Docket Number: Docket No. 74332
Carson City - Carson City – 1:30 p.m. – Full Court - Full Court

Jacqueline Franklin, an exotic dancer formerly working at Crazy Horse III, brings this employment misclassification appeal claiming that she was an employee and is now owed back wages.

ISSUES:

The issues on appeal are whether: (1)NRS 608.0155 applies to MWA claims; (2) applying NRS 608.0155 violates constitutional supremacy; (3) NRS 608.0155 is preempted by the Fair Labor Standards Act; (4) NRS 608.0155 may be applied retroactively; (5) the district court erred by determining that Franklin was an independent contractor under NRS 608.0155—thereby granting the Club’s motion for summary judgment; (6) the district court erred by denying Franklin’s motion for summary judgment because it determined that she was not an employee under the economic realities test; (7) the district court erred by denying Franklin’s motion for class certification; and (8) the district court erred by dismissing all plaintiffs except Franklin.

Disclaimer:

This synopsis is intended to provide only general information about this case before the Nevada Supreme Court. It is not intended to be all-inclusive or reflect all positions of the parties. To access the documents that have been filed in this matter, type the docket number into the court’s case search page: http://caseinfo.nvsupremecourt.us/public/caseSearch.do