Law Vegas Nevada State Law and FLSA Overtime Class Action Claims

Las Vegas, Nevada overtime class action law was recently clarified by a decision of the Ninth Circuit Court of Appeals in Wang v. Chinese Daily News, 623 F. 3d 743 (9th Cir. 2010). In Wang, the Court noted that FLSA opt-in class action and state law claims sought for class certification can be litigated in one proceeding. The court specifically found that the FLSA claims were not preempted by the state law class action claims. This determination constituted a significant victory for employees attempting to prosecuting wage and hour claims in Nevada federal court.

The Court in Wang was clear that "[w]e have never held that FLSA preempts a state-law claim." The court noted that "in Pacific Merchant Shipping Ass'n v. Aubry, 918 F.2d 1409, 1423-25 (9th Cir. 1990), we considered whether California could extend its more protective overtime pay laws to maritime workers on the high seas. We relied on the principle that FLSA sets a floor rather than a ceiling on protective legislation, holding that FLSA does not 'preempt states from according more generous protection to maritime employees on the high seas off a state's coastal waters.'" Id. at 1425.

In response to the Ninth Circuit decision in Wang, the Nevada District Court in Las Vegas adjusted a prior ruling in Daprizio v. Harrah's Las Vegas, Inc., Case No. 10-0604 (D. Nev. Aug. 17, 2010), holding that "Wang primarily stands for the proposition that the substantive protections of FLSA do not preempt state law claims that derive their standards from FLSA." Wang, 623 F.3d at 760 (holding "[w]here, as here, the state and federal requirements are the same, it is obviously possible to comply with both laws simultaneously . . . . We therefore hold that FLSA does not preempt a state-law §17200 claim that 'borrows' its substantive standard from FLSA."). The Nevada District Court adopted an approach of adopting separate Rule 23 and FLSA class to appropriately manage the litigation.

Contact Nationwide FLSA Lawyers

Contact attorney Kevin J. Dolley directly to discuss a possible FLSA class action at (314)645-4100 or by email at kevin@dolleylaw.com.