Nevada Supreme Court rules state’s minimum wage law is constitutional

CARSON CITY — The Nevada Supreme Court ruled Thursday that the state’s minimum wage law is constitutional, rejecting arguments that it violates federal laws or is unconstitutionally vague.

The court, in a unanimous decision by Chief Justice Michael Cherry, said the Minimum Wage Amendment to the state constitution, which guarantees a base wage to Nevada workers, is not preempted by either the National Labor Relations Act or the Employee Retirement Income Security Act.

The vagueness argument was also rejected, with the court finding that employers are sufficiently on notice of what benefits it must provide to qualify to offer a lower wage in return for offering health insurance. The amendment does not promote arbitrary or discriminatory enforcement, the court said.

The petition questioning the constitutionality of the amendment, filed by Western Cab Co. in a minimum wage dispute with some if its drivers, was rejected by the court.

The decision upholds a Clark County District Court ruling denying the claims by Western Cab that the act is unconstitutional.

Voters in 2004 and 2006 approved the constitutional amendment that provides for a minimum wage. The current minimum wage in Nevada is $7.25 if an employer provides health care, and $8.25 if not.

Danny Thompson, former secretary-treasurer of the Nevada AFL-CIO, which put the measure on the ballot through an initiative petition, said he was pleased with the court’s ruling. Efforts to undermine the amendment have failed because the measure was well crafted, he said.

Contact Sean Whaley at swhaley@reviewjournal.com or 775-461-3820. Follow @seanw801 on Twitter.