Partner Josh Buck Argues Before The Court Of Appeals For The Ninth Circuit


March 13, 2019. Josh Buck argued on behalf of correctional officers against their employer, the Nevada Department of Corrections (“NDOC”) asserting that NDOC has waived its sovereign immunity from suit, thus allowing for the correctional officers to sue for unpaid wages in court.

The questions presented to the Court were: (1) Whether the State of Nevada waived sovereign immunity from liability for federal Fair Labor Standard Act (“FLSA”) claims in its own state courts, and (2) Whether the state of Nevada’s removal of Plaintiff’s FLSA Claims to federal court waived the state’s sovereign immunity from liability. Mr. Buck, on behalf of the correctional officers who are seeking unpaid wages and overtime premium pay, argued that the State of Nevada has indeed waived sovereign immunity directly by statute and by removing the action from state court to federal court.

A decision by the Court is not expected for 60 to 90 days.

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