Boucher

Boucher v. Shaw

Good Law
United States Court of Appeals for the Ninth CircuitApril 6, 200705-15454California1,729 words

Opinion

Opinion

I. Background

The Castaways Hotel, Casino and Bowling Center (the “Castaways”) closed in January 2004.1 The plaintiffs in the present case are three former employees of the Castaways and the labor union that represented those employees. The indi- vidual plaintiffs, Ardith Ballard, Thelma Boucher and Joseph Kennedy III, seek to recover unpaid wages for themselves and for a class of Castaways employees. Ballard alleges that she has not been paid for the last pay period that she worked at the Castaways. Boucher alleges that she was not paid for the final pay period until two weeks after her employment was terminated. All three individual plaintiffs allege that they have not been paid their accrued vacation and holiday pay. Culi- nary Workers Union, Local 226 (“Local 226”) seeks to recover wages which were withheld as dues from the pay- checks of Thelma Boucher and other employees. The plain- tiffs assert claims under Chapter 608 of the Nevada Revised Statutes and under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 206(a). For the purposes of this certification order, only the Nevada state law claims are at issue. 1 The defendants in their brief refer to the Castaways as VSS…

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