Judge Breslow’s Order of Mandate – PAYNE v. DETR
At 2:26 PM on July 22, 2020, The Honorable Judge Barry L. Breslow filed his Order of Mandate.
Leer en español: AQUÍ
Judge Breslow signed the Order directing DETR to take three specific actions, set a follow up hearing for July 30, at 10:00 a.m., asked Special Master Guinasso to remain available to the Court, and reserved the right to modify the Order as a result of facts presented at the July 30 hearing. This matter came before the Court on July 7, 2020 and was continued to July 20, 2020 via a First Amended Ex Parte Motion for An Order to Show Cause Why Writ of Mandamus Should Not Issue originally filed by Plaintiffs-Petitioners on June 22, 2020. Continue reading HERE
The Order of Mandate can be accessed: HERE
Special Master Jason Guinasso’s Report
At 3:14 PM on July 17, 2020, the extensive Special Master’s Report was filed in Payne v. DETR.
Introduction: Pursuant to NRCP 53, WDCR 24, and WDCR 25, the Honorable Judge Barry L. Breslow appointed the undersigned Special Master for the limited purpose of fact gathering, investigation, assessment of the process of the Nevada Department of Employment, Training and Rehabilitation (DETR) responding to claims for unemployment and pandemic-related benefits, and providing answers to specific questions the Court presented. The matter came before the Court via a First Amended Ex Parte Motion for an Order to Show Cause Why Writ of Mandamus Should Not Issue filed by Petitioners on June 22, 2020. On June 24, 2020 this Court issued an Order to Show Cause Why Writ of Mandamus Should Not Issue. After briefing and a hearing, the Court identified several issues requiring further investigation before the Court renders a decision.1
Click to further view report: SPECIAL MASTER’S REPORT
Thierman Buck – Letter to DETR Claimants
Dear Claimants,
We want to assure you that everyone here at Thierman Buck is doing their absolute best to ensure that you are able to access the CARES Act benefits to which you are entitled. As you may suspect, we have had thousands of calls, emails, and other inquiries about this lawsuit. We are doing our best to respond, but due to the unprecedented volume of interest, please understand that we will not be able to respond to everyone individually. Continue reading: LETTER TO CLAIMANTS
Haga clic para leer en español: CARTA A LOS DEMANDANTES DE DETR
Estimados Demandantes,
Quiero asegurarte de que todos aquí en Thierman Buck están haciendo todo lo posible para asegurarte de que puedas acceder a los beneficios de la Ley CARES a los que tienes derecho. Como usted puede sospechar, hemos tenido miles de llamadas, correos electrónicos y otras preguntas sobre esta demanda. Estamos haciendo todo lo posible para responder, pero debido al volumen sin precedentes de interés, por favor entienda que no podremos responder a todos individualmente.
PAYNE v. DETR – ORDER RESETTING HEARING
At 11:30 AM on July 14, 2020, This matter came before the Court on July 7, 2020, on an Order to Show Cause hearing wherein the Court heard argument on a Petition for Writ of Mandamus. Thereafter the Court appointed a Special Master and set the date for the Special Master to file his Findings and Report as Wednesday July 15, 2020, at 2:00 p.m. with a hearing to follow on Thursday, July 16, 2020, at 9:00 a.m. The Court has determined that an extension of time is necessary. Accordingly, and good cause appearing therefore, the July 15, 2020, deadline and the July 16, 2020 hearing are VACATED. IT IS SO ORDERED that the Special Master shall file the Findings and Report by Friday, July 17, 2020, at 1:00 p.m. IT IS FURTHER ORDERED that a hearing is scheduled for Monday, July 20, 2020, at 9:00 a.m.
Important Message for DETR Claimants
DETR may now be issuing mass rejection or denial letters, if you receive such a determination, you must appeal. If nothing works on the website, then simply write a letter with a copy of the determination and say: “because the website appeal process is not working, I hereby appeal the attached determination and request immediate adjudication for inter alia, (among other things) the following reasons (including but not limited to:..) .”
Save a copy. If you have been given any sort of approval, and DETR stops paying your benefits, or never started, add: “the conduct of DETR constitutes a taking of property without due process see, e.g. California Department of Human Resources Development v. Java, 402 U.S. 121 (1971). Since I am unemployed, I further ask that DETR pay all my legal expenses in this appeal.”
PLAINTIFFS-PETITIONERS’ REPLY TO DEFENDANTS-RESPONDENTS’ OPPOSITION
AT 4:30 PM on July 2, 2020, Thierman Buck responded to Nevada’s DEPARTMENT OF EMPLOYMENT, TRAINING AND REHABILITATION (DETR’s) Opposition in THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF WASHOE. Read opposition attached below:
REPLY TO DEFENDANT’S OPPOSITION
DETR’s OPPOSITION
At 12:33 PM on July 1, 2020, DETR responded to the Honorable Judge Barry L. Breslow’s Order to Show Cause. Nevada’s DEPARTMENT OF EMPLOYMENT, TRAINING AND REHABILITATION (DETR) attempts to justify it’s own poor performance in it’s failure to pay approximately half of the 190,262 applicants who have applied to the pandemic unemployment assistance program in the three months, since the opening in April 11, 2020. Read opposition and declarations by DETR (below):
JUDGE TO DETR: SHOW CAUSE BY JULY 7, 2020 WHY GIG WORKERS ARE NOT BEING PAID, OR COURT WILL ISSUE AN ORDER TO PAY THEM ALL
At 1:03 pm on June 24, 2020, The Honorable Barry L. Breslow, Judge of the Second Judicial District Court – State of Nevada signed an “Order to Show Cause” of “OSC” directing the State of Nevada, Department Of Employment, Training And Rehabilitation (DETR) to explain to his satisfaction the reason(s) DETR has not paid approximately 60,000 of Nevada’s Gig Workers unemployment compensation “when due” by July 7, 2020, at 9 am, approximately two weeks from now. If the Judge is not satisfied with the explanation, then the OSC says that the court will order to DETR and its officials to start paying the unpaid gig workers who have applied all their unemployment compensation benefits immediately. A copy of the court’s order is attached.
Thierman Buck Law Firm again Filed against DETR on Monday, June 22, 2020 @ 2:05 PM
Thierman Buck came to recognize that despite the PUA Portal being established (for gig workers/1099/ independent contractors/ sole proprietors), following the previous filing, these claimants were STILL not being paid. In the interest of Nevadans – Thierman Buck filed an amended petition (below):
FIRST AMENDED PETITION FOR WHIT OF MANDAMUS AND COMPLAINT
UPDATE: DETR Lawsuit Successful – Claim Filing Begins Saturday, May 16 @ 8:00 a.m.
The Nevada Department of Employment, Training, and Rehabilitation (“DETR”) has announced that it will begin accepting applications for gig workers on Saturday, May 16, at 8:00 a.m.
A dedicated phone line has been set up for questions:
If you are denied benefits through the new process or have problems call DETR directly at:
Southern Nevada: (702) 486-0350
Northern Nevada: (775) 684-0350
YOU MUST APPLY and PROVIDE the requested information or your claim may be denied. Even if you previously applied and were denied, we urge everyone to apply again.
This was a proposed class action on behalf of self-employed individuals, sole proprietors and/or independent contractors for DETR’s failure to provide a means for Nevada “gig” workers to obtain federally mandated benefits under the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) and the Pandemic Unemployment Compensation program (“PUC”). The lawsuit sought specific relief in the form of a Court Order directing DETR, within three business days, to provide relief in three specific ways:
- To establish a website and/or modify an existing website to accept applications for unemployment compensation from self-employed individuals, independent contractors and/or the owners of sole proprietorships, who are properly licensed (if any such license is required by law) and who have paid taxes or will pay taxes on past income but have ceased earning a living as a result of the March 15, 2020 Executive Order of Nevada Governor Sisolak requiring Plaintiffs and all those similarly situated to cease operating;
- Direct DETR, immediately upon completion of any application for unemployment compensation from a self-employed individual, independent contractor and/or the owner of sole proprietorship, to make an initial determination whether or not to pay such unemployment benefits that are due under state and federal law retroactively to March 15, 2020 based upon the information submitted, as well as to provide a procedure for appealing any denial of said benefits; AND
- Issue payment as soon as practical only from the Defendant State of Nevada, and not from any individual defendant, of all sums due and owing in unemployment compensation to such self-employed individuals, independent contractors and/or the owners of sole proprietorships that were required to cease doing business by Governor Sisolak’s March 15, 2020 Executive Order from the date of that Order until such time as they are no longer entitled to unemployment compensation benefits under state and federal law.
Our lawsuit, and the press it generated, pushed DETR to move its start date from May 31 up to May 16. Thierman Buck will review the operational aspects of the portal to make sure it is up and running before voluntarily withdrawing our request for the emergency Order to Show Cause. We will also continue to review the program to determine whether further legal action is warranted.
Thank you to our named plaintiffs and all those who contacted us. Thierman Buck will continue to provide updates as the situation develops. Thierman Buck may also be contacting the “not-so-independent” contractors working for large corporations like Lyft and Uber about additional rights they may wish to pursue.
