Will Judicial Shortage Shortchange Nevada Overtime Laws?

Las Vegas, NVWe have been watching, both prior to the US Presidential election and the aftermath, the discord between the Republicans and the Democrats. The gridlock extends to judicial appointments. The result is scores of vacancies on judicial benches across the country, and this is most evident in the state of Nevada where there are no fewer than three active vacancies in Nevada district courts. Judges who have retired are available to be called in as needed, but that can’t last forever. Last year, in Nevada, a brief judicial emergency was declared. What does all this have to do with Nevada overtime pay laws?

Plenty.

When pay laws are violated, victims have the option to put up and shut up, quit their job, or pursue a claim through the Fair Labor Standards Act (FLSA), either through mediation or through the courts.

However, with vacancies remaining on judicial benches in Nevada, the system, according to the Las Vegas Sun (2/18/13), is in danger of becoming backlogged. When that happens, worthy claims for justice get pushed further and further back. If not dealt with in a reasonable time frame according to law, the action is in danger of dismissal or deferment.

Many plaintiffs will just give up.

Nevada overtime laws, as with similar laws across the country, exist to protect workers from unscrupulous employers who feel they own their employees. Given their way, employers will often require their workers to toil off the clock, come in early or stay late, work through meal breaks and rest periods, and so on.

If a job is classified as exempt from overtime - and there are jobs legally fitting that classification - then overtime becomes a moot point. However, most jobs exempt from overtime status are either management positions or jobs with such a high salary that overtime pay is deemed unnecessary.

For most workers - especially those working in the massive entertainment and service sector that lay at the heart of the state - Nevada overtime pay is an important part of their pay packet.

To that end, Nevada overtime law exists to protect a worker’s right to overtime pay when work is performed beyond the standard work week and work day. Nevada overtime lawyers are also there to steer plaintiffs through the legal process involved in bringing an overtime violation to justice.

However, a backlogged court system due to the unavailability of judges stemming from gridlock in Washington does little to speed justice and does everything to hinder it.

Don’t think employers aren’t aware of this. If they are advised that overtime cases have the potential to conveniently fall through the cracks due to judicial shortages, you can expect some unsavory employers to take advantage.

For those experiencing Nevada unpaid overtime, there continues to be ways to fight Nevada unpaid overtime - and a legal professional can extend optimal advice and guidance toward your case. At the same time however, gridlock in Washington that continues to headline the morning news shows is not as far away as one might think. It can hit close to home.

While the situation will not prevent Nevada overtime laws from being enforced, it does indeed enter into the discussion.