Robert Greene v. Executive Coach & Carriage

MEMORANDUM

Robert Greene (“Greene”) appeals from the dismissal of his minimum wage claim, entry of summary judgment on another wage-and-hour claim, and denial of leave to amend his complaint. We have jurisdiction under 28 U.S.C. § 1291 . We review the district court’s interpretation of state law de novo, Coughlin v. Tailhook Ass’n, 112 F.3d 1052, 1055 (9th Cir.1997), and its denial of leave to amend for abuse of discretion, Ventress v. Japan Airlines, 603 F.3d 676, 680 (9th Cir.2010). We reverse and remand.

1. The district court erred in dismissing Greene’s claim under the Nevada Minimum Wage Amendment, embodied in Article 15, § 16 of the Nevada Constitution. See Thomas v. Nevada Yellow Cab Corp., 327 P.3d 518 , 522 (Nev.2014) (holding that the Nevada Minimum Wage Amendment, which contains no taxicab and limousine exception, “supersedes and supplants the taxicab driver exception set out in [Nevada Revised Statutes § ] 608.250(2)”). Because the repeal of § 608.250(2) occurred in 2006 when the amendment was ratified, we reject Executive Coach and Carriage’s (“Executive”) retroactivity argument. Greene does not allege that he is owed wages for hours worked prior to 2006. We…