Local Joint Executive Board of Culinary/Bartender Trust Fund v. Las Vegas Sands, Inc.

MEMORANDUM *

We decide issues of state law in this unpublished memorandum disposition. *754 The district court concluded that Sands’ payment of what it deemed to be appropriate WARN Act damages on July 18 was timely under Nevada law as to union employees, but un timely as to nonunion employees. We disagree with the district court in part. We believe that payment was timely as to all employees, not merely as to union employees.

Nevada Revised Statute § 608.020 provides that when “an employer discharges an employee, the wages and compensation earned and unpaid at the time of discharge shall become due and payable immediately.” Section 608.040 further provides that if such payment is not made to a discharged employee within three days of discharge, the employer must compensate the employee at his or her regular rate of pay for up to 30 days. We must determine the date of “discharge” from which the three-day period runs. The district court concluded that discharge was June 30, the last day of actual work for Sands’ employees. Sands contends, on the other hand, that discharge was July 15, the last day of the WARN Act period. If Sands is right, its July 18 payment was timely.

We…