Charde Evans v. Wal-Mart Stores, Inc.

MEMORANDUM

Charde Evans appeals the district court’s grant of summary judgment regarding her claims for “waiting time” penalties pursuant to Nevada Revised Statutes §§ 608.040 and 608.050. We have jurisdiction under 28 U.S.C. § 1291 , and review de novo. See Szajer v. City of Los Angeles, 632 F.3d 607, 610 (9th Cir. 2011). We reverse and remand.

Wal-Mart employed Evans as an hourly stacker and cashier. At times, Evans worked more than one eight-hour shift within a twenty-four-hour period or more than forty hours in a workweek, entitling her to overtime pay under Nevada law. After Evans filed suit, Wal-Mart settled her claims for unpaid overtime with the Nevada Labor Commissioner. Although the Commissioner’s order does not address Evans’s claims for waiting time penalties, the district court granted summary judgment on grounds that waiting time penalties are only available when an employer fails to timely pay the “contractually agreed upon wage,” not statutory overtime pay.

The Labor Commissioner’s order does not reference waiting time penalties, and therefore does not dispose of Evans’s waiting time penalty claims. We conclude that overtime pay is a form of wages under Nevada…