Labor Commissioner v. Mapes Hotel Corporation

OPINION

By the Court,

Gunderson, J.:, As assignee of two hotel bellmen, pursuant to NRS 607.170, the appellant Labor Commissioner sued respondent to recover the balance of wages allegedly earned at $1.60 per hour, penalties, and attorneys’ fees. Respondent filed a “motion to quash” service of process for “lack of jurisdiction over the subject matter,” which the district court granted upon ascertaining that the assignor-bellmen’s duties were sufficiently related to interstate commerce to come within the purview of the federal Fair Labor Standards Act of 1938, as amended (29 U.S.C. §§ 201-219,…