Nevada Employment Security Department v. Capri Resorts, Inc.

OPINION

The Nevada Employment Security Department (NESD) investigated the employment status of timeshare sales agents, and decided that such agents were employees for purposes of the unemployment compensation law. Timeshare sales agents sell the right to use a certain property for a certain period of time. NRS 119A.130. Respondent, a developer which pays commissions to timeshare sales agents, appealed the decision to a referee and the Board of Review. The decision of the NESD was upheld on each appeal. The district court, however, reviewed the applicable law and concluded that timeshare sales…