On March 16, 2017, the Nevada Supreme Court issued yet another 6-0 en banc decision regarding the Nevada Constitution’s oft-litigated Minimum Wage Amendment, Nev. Cost. art. XV § 16 (“MWA” or the “Amendment”). The issues before the Court in Western Cab Co. v. Eighth Jud. Dist. Court, 133 Nev. Adv. Op. 10 (Mar. 16, 2017), were twofold: (1) whether the MWA is federally preempted by the National Relations Act (NLRA) or the Employee Retirement Income Security Act of 1974 (ERISA); and (2) whether the MWA is unconstitutionally vague due to lack of clarity on what “health benefits” are required by the Amendment.
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