Dayton Haworth v. State of Nevada, Dayton Haworth v. State of Nevada
Opinion
Opinion
Thompson, J.
Plaintiffs-appellants are “cottage couples” employed by Nevada to supervise children who are wards of the state. “Cottage couples” or “cottage parents” are a husband- and-wife team living in a simulated home environment and supervising up to ten abused or neglected children.
Twenty-two cottage couples sued Nevada under the federal Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq., seeking back wages allegedly owed for time they spent sleeping in the cottages. After a bench trial, the district court rejected all of the cottage couples’ claims, except for one violation of the FLSA previously found by the Department of Labor (DOL) and conceded by the state. Judgment was entered in favor of the cottage couples on that claim. The judgment was for $91,782.54. This was approximately $240,000 less than Nevada’s pre-trial settlement offer which it made pursuant to Federal Rule of Civil Procedure 68. The district court also awarded the cottage couples their costs of suit and $85,975 in attorney fees.
The cottage couples appeal the district court’s judgment resolving their FLSA claims, appeal No. 93-16972. Nevada appeals the award of costs and attorney fees, appeal No. 94-16561. In…