This is a class action on behalf of all Nevada Walmart employees who were not compensated the correct overtime rate for all overtime hours worked. Walmart maintained an unlawful policy of “shift jamming”. Shift jamming is a term used for the practice when an employer does not schedule at least sixteen (16) hours between employee shifts. Under Nevada’s wage and hour law, an employer must pay an employee who makes less than $12.38 an hour overtime if she works over eight (8) hours in a twenty-four (24) hour period of time.
This case was stayed pending the Nevada Supreme Court’s decision in Neville v. The Eighth Judicial District Court of the State of Nevada in and for the County of Clark, case no. 70696. In a unanimous 7-0 decision, the Nevada Supreme Court upheld the rights of all Nevada employees to claim their unpaid wages in court.
Plaintiffs’ motion for class certification is currently pending before the Court.