Nevada Appellate Court Summaries (1-31-19)

The content of this post was originally published, under the title “Summaries from January 2019,” in the March 2019 issue of COMMUNIQUÉ, the official publication of the Clark County Bar Association (CCBA).*

Nevada Appellate Court Summaries (1-31-19)

Supreme Court of Nevada: 

Prevailing wage: (1) Generally, work performed under a maintenance contract is not subject to prevailing-wage requirements, as it does not qualify as “public work” under NRS 338.010(15); but (2) in the instant case, the Labor Commissioner correctly determined that because a portion of the work under the contract at issue is repair work, that work is a “public-work” project under NRS 338.010(15) and is not exempt from prevailing-wage requirements. The instant case relates to an automated transportation system (ATS) at McCarran International Airport. The ATS is the shuttle system that delivers passengers to the C and D concourses at the airport. In June 2008, the parties to this case entered into a five-year contract for maintenance work on the ATS. The contract includes minor and major maintenance tasks. On appeal, the Supreme Court of Nevada held that the Labor Commissioner properly determined that the “repair” portion of the maintenance contract is a public-work project under NRS 338.010(15), even if the contract itself is predominantly for maintenance, and that no exemptions applied that would allow appellant Bombardier Transportation (Holdings) USA, Inc., to forego paying prevailing wages on that portion of the contract. The Court further concluded that the Labor Commissioner’s decision was supported by substantial evidence and that the Labor Commissioner properly determined that 20 percent of the work involved repair rather than maintenance and was thus subject to the prevailing wage. Bombardier Transp. (Holdings) USA, Inc. v. Nevada Labor Comm’r, 135 Nev. Adv. Op. No. 3, ___ P.3d ___ (January 17, 2019). https://nvcourts.gov/Supreme/Decisions/Advance_Opinions/

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About the author: Joe Tommasino has served as Staff Attorney for the Las Vegas Justice Court since 1996.  Joe is the President of the Nevada Association for Court Career Advancement (NACCA).

*© 2019 Clark County Bar Association and Joe Tommasino. The content on this page was originally published in COMMUNIQUÉ, the official publication of the Clark County Bar Association. (March 2019). All rights reserved. For permission to reprint this content, contact the publisher Clark County Bar Association, 717 S. 8th Street, Las Vegas, NV 89101. Phone: (702) 387-6011.