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Evans v. Wal-Mart Stores, Inc.

United States District Court, D. Nevada

July 23, 2019

CHARDE EVANS, Plaintiff,
v.
WAL-MART STORES, INC., Defendants.

          ORDER

          JAMES C. MAHAN UNITED STATES DISTRICT JUDGE

         Presently 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. 113).

         Also 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. 113).[1]

         I. Background

         Plaintiff initiated this putative class action on July 22, 2010, alleging claims under N.R.S. § 608.020 et seq. (ECF No. 1).

         Under 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.

         If an 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.

         Similarly, 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 employee ...

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