Whealon v. Sterling

OPINION

By the Court, Hardesty, J.:

In this opinion, we define the term “employment” for purposes of the statutes regulating private employment agencies.1 Because employment is service performed for wages, we conclude that an agent for a hotel stage show is not required to hold an employment agency license under the statutes.

FACTS AND PROCEDURAL HISTORY

Respondent Dean Sterling performs an x-rated comedy stage show under the name of “Dr. Naughty.” After one evening’s performance, Sterling met appellant Robert Whealon at a Las Vegas nightclub. Whealon and Sterling discussed the future of the Dr.…