Carson City, NV - October 16, 2015
Court judge James Wilson this week has granted a stay of the August 12 decision
of Hancock v State of Nevada Office of the Nevada Labor Commissioner
that modifies how provisions of the State’s minimum wage regulations are
enforced by the agency.
stay was granted pending the outcome of an appeal filed by the Office of the
Labor Commissioner that will seek to clarify interpretation of constitutional
provisions of Nevada’s minimum wage structure and the regulatory enforcement of
those provisions through Nevada Administrative Code sections
unique two-tier minimum wage structure was created by a constitutional
amendment passed by voters in 2006 which provided that employers could pay one
dollar less than the current minimum wage if they provided qualified health
care coverage to their workers.
questions requiring clarification on appeal concern whether tips received by
the employee should be included as income to calculate the 10% health insurance
premium. The appeal will also address whether an employer must actually
“provide” qualified health insurance in order to pay the lower tier wage, as
opposed to simply “offering” or making qualified health insurance available.
to the order granting the stay, the court found that the Hancock decision
affects how the Labor Commissioner approaches the minimum wage calculation in
enforcement proceedings and should be allowed to continue unimpeded until the
Nevada Supreme Court has given finality to the issues raised in the case.
view the Order Granting Defendants’ Motion to Stay Order Pending Appeal and
the Hancock v State of Nevada Office of the Nevada Labor Commissioner
Decision and Order, please visit www.laborcommissioner.com.
About the Office of the Labor Commissioner
The Office of the Labor Commissioner is a
division of the Department of Business and Industry. The Labor Commissioner
strives to ensure that all workers are treated fairly under the law by investigating
complaints of non-payment of wages, State minimum wage, overtime, and
prevailing wage disputes. The office also monitors youth employment standards,
including work hours and safe, non-hazardous working conditions.
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