Spata
Spata v. Smith's Food & Drug Centers, Inc.
Opinion
Lead Opinion
MEMORANDUM **
I. BACKGROUND
Cheryl Spata (“Spata”) appeals the district court’s order granting summary judg *649 ment in favor of Smith’s Food & Drug Centers, Inc. (“Smith’s”) on Spata’s claim of retaliation in violation of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 215 (a)(3), and her public policy employment tort claim under Nevada law. Spata has been an employee of Smith’s since 1994, working her way from cashier to a managerial position. In October of 2003, Spata was demoted back to a cashier. She alleges that the demotion was in retaliation for her complaints of mold in the workplace and a related worker’s compensation claim, and in retaliation for her complaints to upper management about a separate FLSA violation she believed she had uncovered.
Spata argues that the district court improperly applied the McDonnell Douglas burden-shifting model for its FLSA analysis, ignored evidence, and erred by holding that tortious demotion was not actionable under Nevada law. As the parties are familiar with the facts and procedure of this case, we recite them only where necessary to explain our disposition.