Two taxicab drivers win legal victory in minimum-wage dispute

CARSON CITY – Two Las Vegas taxicab drivers who argued they were not being paid the state mandated minimum wage won a legal victory Thursday from the Nevada Supreme Court.

The 4-3 opinion could have implications beyond just cab drivers, however.

In a footnote in a dissenting opinion in the case, Justice Ron Parraguirre said state law exempts casual babysitters from the minimum wage as well.

The majority opinion will now entitle even casual babysitters to receive the minimum wage, which he called an “absurd result.”

Christopher Thomas and Christopher Craig sought unpaid wages from their employers, the Nevada Yellow Cab Corp., Nevada Checker Cab Corp. and Nevada Star Cab Corp. because of the state’s minimum wage law approved by voters in 2004 and 2006.

The case had been dismissed in Clark County District Court, but the Supreme Court, in a 4-3 decision, reversed that ruling, sending the dispute back for further proceedings on the minimum wage claims.

The taxicab companies argued the claims should be dismissed based on a Nevada law that creates an exception for taxicab drivers from being paid the minimum wage.

But the court majority, in an opinion written by Justice Michael Cherry, said the constitutional amendment approved by voters supersedes the conflicting state statute relating to the wage paid to taxicab drivers.

“Statutes are construed to accord with constitutions, not vice versa,” he said.

Cherry was joined by Justices Kristina Pickering, James Hardesty and Michael Douglas in the majority.

Parraguirre, joined by Chief Justice Mark Gibbons and Justice Nancy Saitta, argued that the constitutional amendment was only intended to increase the minimum wage amount, not invalidate a long-standing state statute allowing cab drivers to be paid less than the minimum wage.

The ballot question made no mention of changing the group of employees who are entitled to the minimum wage, he said.

“We should presume that if the voters intended to restructure the entire legislative scheme, they would have done so explicitly,” Parraguirre said.

Taxicab company representatives were not immediately available to comment on the ruling.

Leon Greenberg, the Las Vegas attorney representing the drivers, said the impact of the ruling will be limited to some extent because many taxi drivers work under collective bargaining agreements that bypass the state minimum wage law requirement.

But for other drivers, the court decision has decided the issue and cab companies need to step up and comply with the law, he said.

Greenberg said the minimum wage amendment excludes those under age 18 so the likelihood of a rash of lawsuits by teenaged babysitters seems unlikely despite the concerns expressed by Parraguirre in his dissent.

Contact Capital Bureau reporter Sean Whaley at swhaley@reviewjournal.com or 775-687-3900. Follow him on Twitter @seanw801.