State, Department of Employment Security v. Harich Tahoe Developments

OPINION

Facts

Respondent, Harich Tahoe Developments (Harich), is a developer and owner of a time-share resort in Nevada known as The Ridge Tahoe. Harich’s time-share representatives attempt to induce potential buyers to visit The Ridge Tahoe where licensed real estate salespeople attempt to sell time shares in the resort. The time-share representatives work in booths leased by Harich and located in various casinos in the Tahoe area.

During the first two weeks of work, time-share representatives are paid $7.50 per hour or the commissions they earn, whichever is the greater amount. After the first…