This is a Nevada wage and hour class action on behalf of employees who are owed wages for the time they spent engaging in required work activities. Plaintiff alleges that Terrible Herbst failed to properly pay employees in two ways.
First, employees who worked a graveyard shift were promised a base hourly rate of $8.50 for all graveyard hours worked but were only paid a rate of $8.00 per hour.
Second, Terrible Herbst “rounded” approximately 14 minutes of time off of employee’s time each and every shift worked. These policies deprived employees of regular and overtime wages.
Defendant filed a motion to dismiss that was granted in part and denied in part by the District Court. The District Court based the decision on the premise that Nevada employees do not have a private right of action to seek unpaid wages through a private attorney but must resort to the Nevada Labor Commissioner to adjudicate any Nevada law wage claims.
Plaintiff appealed the District Court’s ruling to the Nevada Supreme Court. Oral argument was heard July 17, 2017, and in a unanimous 7-0 decision, the Nevada Supreme Court upheld the rights of all Nevada employees to claim their unpaid wages in court.
Based on the Nevada Supreme Court’s decision the Court denied Terrible Herbst’s motion to dismiss in its entirety. Discovery, in this case, has just begun.
If you worked at Terrible Herbst and had time rounded off of your time cards and/or were not paid a graveyard premium please contact us.
The Parties entered into a confidential settlement agreement in February of 2021 and will be filing their motion for preliminary approval of the class action settlement shortly. It is anticipated that checks will be distributed to the class in the fall of 2021.