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Category: Employment Law

Are They Employees or Independent Contractors?

Posted on January 9, 2024February 3, 2024 By Jay Young No Comments on Are They Employees or Independent Contractors?

With challenges to the economy, companies are looking for every way possible to save money. A potential risk for employers is to mischaracterize an employee as an independent contractor, which may save payroll taxes in the short term but may lead to penalties on such taxes as well as other inadvertent violations of worker’s compensation laws,…

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Business Law, Corporate Governance, Employment Law, Franchise Law, J, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator

Practice Pointer: How to use an Adverse Witness to Help Your Case

Posted on August 21, 2018 By Jay Young

Besides obtaining information from an adverse witness regarding the events which are the subject of the suit, you should also try understand how this witness will attack your claims.  Finally, you should attempt to do what you can to turn the witness into a witness for your case.  There is certain information you can get…

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Business Law, Employment Law, Franchise Law, J, Litigation

Can an Arbitrator be Removed During the Pendency of an Arbitration?

Posted on July 17, 2018January 9, 2024 By Jay Young

What do you do if you feel that the arbitrator appointed to hear your dispute isn’t providing a fair and impartial atmosphere in which your matter can be heard?  Can you challenge the Arbitrator before he or she makes the final decision in the matter?  What cause is sufficient to have an arbitrator removed?  As is the case with so many questions in the law, the answer is: it depends.  For the most part, parties to an arbitration who feel there is cause to remove an arbitrator are better off if it is a proceeding under the rules of the American Arbitration Association (“AAA”) or JAMS than if it a proceeding governed under the Federal Arbitration Act (“FAA”) or the Revised Uniform Arbitration Act (“RUAA”).

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Jay Young | Retired Las Vegas, Nevada Judge | Mediator | Arbitrator | Special Master
Jay Young

Hon. Jay Young (Ret.) is a retired judicial officer with decades of experience presiding over complex civil litigation matters. Following a distinguished career on the bench, Judge Young now serves as a mediator, arbitrator, and court‑appointed special master, and discovery referee.  Judge Young brings a disciplined, impartial, and results‑oriented approach to dispute resolution. Judge Young is based in Nevada and accepts appointments statewide and nationally, subject to agreement or court order. He can be reached at 855.777.4557 or info@armadr.com

Known for judicial temperament, analytical rigor, and practical problem‑solving, Judge Young assists litigants and counsel in resolving high‑stakes disputes efficiently and with integrity and employing best practices. He is recognized by U.S. News and World Report’s publication Best Lawyers as Arbitration Lawyer of the Year.

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Alternative Dispute Resolution, Arbitration Arbitrator, Business Law, Employment Law, Franchise Law, J, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator, Litigation

Nevada Employers: Can We Talk About Marijuana For a Minute?

Posted on August 29, 2017January 9, 2024 By Jay Young No Comments on Nevada Employers: Can We Talk About Marijuana For a Minute?

By Robert Rosenthal, Esq. and Jay Young, Esq. Employers, do your zero drug tolerance policies allow you to discipline an employee for using marijuana if the employee is legally using medical marijuana in Nevada?  The answer may surprise you. A recent federal court held that just because marijuana is illegal under federal law does not…

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Employment Law, J

Misappropriation of Trade Secrets in Nevada

Posted on August 4, 2017 By Jay Young No Comments on Misappropriation of Trade Secrets in Nevada

How Does a Party Prosecute an Action for Misappropriation of Trade Secrets? NRS 600A.030(2) defines “misappropriation” as: (a) Acquisition of the trade secret of another by a person by improper means; (b) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired…

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Business Law, Corporate Governance, Employment Law, Intellectual Property, J, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator, Litigation

Nevada Jury Instructions

Posted on March 10, 2017October 17, 2024 By Jay Young No Comments on Nevada Jury Instructions

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Jay Young | Retired Las Vegas, Nevada Judge | Mediator | Arbitrator | Special Master
Jay Young

Hon. Jay Young (Ret.) is a retired judicial officer with decades of experience presiding over complex civil litigation matters. Following a distinguished career on the bench, Judge Young now serves as a mediator, arbitrator, and court‑appointed special master, and discovery referee.  Judge Young brings a disciplined, impartial, and results‑oriented approach to dispute resolution. Judge Young is based in Nevada and accepts appointments statewide and nationally, subject to agreement or court order. He can be reached at 855.777.4557 or info@armadr.com

Known for judicial temperament, analytical rigor, and practical problem‑solving, Judge Young assists litigants and counsel in resolving high‑stakes disputes efficiently and with integrity and employing best practices. He is recognized by U.S. News and World Report’s publication Best Lawyers as Arbitration Lawyer of the Year.

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Alternative Dispute Resolution, Arbitration Arbitrator, Business Law, Corporate Governance, Employment Law, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator, Litigation

Nevada Supreme Court Rules That Offers of Judgment Apply in Arbitration

Posted on August 16, 2016February 12, 2026 By Jay Young No Comments on Nevada Supreme Court Rules That Offers of Judgment Apply in Arbitration

In WPH Architecture, Inc. v. Vegas VP, __ P.3d __, 131 Adv. Op. 88 (Nev. Nov. 5, 2015), the Nevada Supreme Court held that Rule 68 Offers of Judgment, together with statutes allowing offers of judgment in Nevada, “are substantive laws that apply to the arbitration proceedings in the current case.”  In this case, the contract between the litigants required arbitration of any disputes pursuant to the American Arbitration Association’s Construction Arbitration Rules, and applying Nevada substantive law.  Prior to arbitration, the claimant made a statutory and Rule 68 offer of judgment.  The respondent rejected the offer of judgment, then lost at arbitration.

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Jay Young | Retired Las Vegas, Nevada Judge | Mediator | Arbitrator | Special Master
Jay Young

Hon. Jay Young (Ret.) is a retired judicial officer with decades of experience presiding over complex civil litigation matters. Following a distinguished career on the bench, Judge Young now serves as a mediator, arbitrator, and court‑appointed special master, and discovery referee.  Judge Young brings a disciplined, impartial, and results‑oriented approach to dispute resolution. Judge Young is based in Nevada and accepts appointments statewide and nationally, subject to agreement or court order. He can be reached at 855.777.4557 or info@armadr.com

Known for judicial temperament, analytical rigor, and practical problem‑solving, Judge Young assists litigants and counsel in resolving high‑stakes disputes efficiently and with integrity and employing best practices. He is recognized by U.S. News and World Report’s publication Best Lawyers as Arbitration Lawyer of the Year.

nevadalawinfo.wordpress.com

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Arbitration Arbitrator, Business Law, Employment Law, Litigation, Mediation Mediator

The Nevada Legislature Defines “Arbitrator”

Posted on July 12, 2016January 9, 2024 By Jay Young No Comments on The Nevada Legislature Defines “Arbitrator”

Nevada Revised Statutes, NRS 38.209  “Arbitrator” defined.  “Arbitrator” means an individual appointed to render an award, alone or with others, in a controversy that is subject to an agreement to arbitrate. (Added to NRS by 2001, 1274) Jay YoungHon. Jay Young (Ret.) is a retired judicial officer with decades of experience presiding over complex civil litigation matters. Following…

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Arbitration Arbitrator, Business Law, Corporate Governance, Employment Law, Litigation, Mediation Mediator

Elements for a Claim of Retaliatory Discharge

Posted on June 2, 2016January 9, 2024 By Jay Young No Comments on Elements for a Claim of Retaliatory Discharge

EMPLOYMENT DISCRIMINATION AND WRONGFUL TERMINATION In Nevada, the elements for a claim of retaliatory discharge (sometimes called employment discrimination, wrongful discharge, or tortious discharge) are: Employee engaged in protected activity while employed (such as filing a discrimination charge or opposing unlawful employer practices); Employee suffered an adverse employment action by the employer; The protected activity…

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Business Law, Employment Law, Litigation

Want to Better Control Your Arbitrations? 10 Steps to Writing a Better Arbitration Agreement.

Posted on May 4, 2016February 12, 2025 By Jay Young No Comments on Want to Better Control Your Arbitrations? 10 Steps to Writing a Better Arbitration Agreement.

Jay YoungHon. Jay Young (Ret.) is a retired judicial officer with decades of experience presiding over complex civil litigation matters. Following a distinguished career on the bench, Judge Young now serves as a mediator, arbitrator, and court‑appointed special master, and discovery referee.  Judge Young brings a disciplined, impartial, and results‑oriented approach to dispute resolution. Judge…

Read More “Want to Better Control Your Arbitrations? 10 Steps to Writing a Better Arbitration Agreement.” »

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Arbitration Arbitrator, Business Law, Corporate Governance, Employment Law, Estate Planning, Franchise Law, Intellectual Property, Litigation, Mediation Mediator

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