United States District Court, D. Nevada
C. MAHAN UNITED STATES DISTRICT JUDGE
before the court is plaintiff Charde Evans'
("plaintiff) motion to amend complaint. (ECF No. 106).
Defendant Wal-Mart Stores, Inc. ("Wal-Mart") filed
a response (ECF No. 110), to which plaintiff replied (ECF No.
before the court is plaintiffs motion to amend the class
certification order. (ECF No. 107). Defendant filed a
response (ECF No. 110), to which plaintiff replied (ECF No.
initiated this putative class action on July 22, 2010,
alleging claims under N.R.S. § 608.020 et seq.
(ECF No. 1).
NRS § 608.020, "[w]henever an employer discharges
an employee, the wages and compensation earned and unpaid at
the time of such discharge shall become due and payable
immediately." Nev. Rev. Stat. § 608.020. Similarly,
under NRS § 608.030, "[w]henever an employee
resigns or quits his or her employment, the wages and
compensation earned and unpaid at the time of the
employee's resignation or quitting must be paid no later
than: [t]he day on which the employee would have regularly
been paid the wages or compensation; or [s]even days after
the employee resigns or quits, whichever is earlier."
Nev. Rev. Stat. § 608.030.
employer fails to timely pay an employee who is discharged or
has resigned or quit, the employer must pay the wages and
compensation earned and unpaid at the time of termination as
well as continuation wages. NRS § 608.040 provides that:
1. If an employer fails to pay:
(a) Within 3 days after the wages or compensation of a
discharged employee becomes due; or
(b) On the day the wages or compensation is due to an
employee who resigns or quits, the wages or compensation of
the employee continues at the same rate from the day the
employee resigned, quit or was discharged until paid or for
30 days, whichever is less.
2. Any employee who secretes or absents himself or herself to
avoid payment of his or her wages or compensation, or refuses
to accept them when fully tendered to him or her, is not
entitled to receive the payment thereof for the time he or
she secretes or absents himself or herself to avoid payment.
Nev. Rev. Stat. § 608.040.
NRS § 608.050 states that:
1. Whenever an employer of labor shall discharge or lay off
employees without first paying them the amount of any wages
or salary then due them, in cash and lawful money of the
United States, or its equivalent, or shall fail, or refuse on
demand, to pay them in like money, or its equivalent, the
amount of any wages or salary at the time the same becomes
due and owing to them under their contract of employment,
whether employed by the hour, day, week or month, each of the
employees may charge and collect wages in the sum agreed upon
in the contract of employment for each day the employer is in
default, until the employee is paid in full, without
rendering any service therefor; but the employee shall cease
to draw such wages or salary 30 days after such default.
2. Every employee shall have a lien as provided in NRS
108.221 to 108.246, inclusive, and all other rights and
remedies for the protection and enforcement of such salary or
wages as the employee would have been entitled to had the