Filed July 2, 2020 at 4:30 PM IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF WASHOE
The purpose of the March 27, 2020 Coronavirus Aid, Relief, and Economic Security (“CARES”) Act of 2020, was to provide immediate relief to all American workers adversely impacted by the Covid-19 Pandemic. The Social Security Act, 42 U.S.C. § 503(a)(1)(3), requires payment “when due.” DETR has failed to meet even minimum federal guidelines by failing to pay or process approximately one third of all “gig worker” claims, and one half of all PUA claims after almost 13 weeks—even after entering into an agreement to do so with the United States Department of Labor (“DOL”) on March 31, 2020—and more than six weeks after finally beginning to initially accept applications on May 16, 2020. In addition to the tragic harm DETR’s breach of duty has caused at some 46,293 individual gig worker claimants, and some 48,479 other claimants—whose applications DETR will not even accept—to needlessly suffer with this delay, this State agency has also caused immeasurable long-term harm to Nevada’s economy. There is a distinct possibility that the federal funding of this program will cease by the end of this month, causing further irreparable harm. For these reasons, Plaintiffs-Petitioners urge this Court to issue an order mandating that DETR perform its clear duty to pay “when due” all claims for unemployment compensation by self-employed workers filed on or after May 16, 2020, in the form previously submitted, or in such form as the Court deems just and proper for an Order of this Court.
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