S-17-0674 Elizabeth Mays v. Midnite Dreams, Inc., d/b/a/ Shakers and Daniel Robinson (Appellants)
Lancaster County, Judge Susan I. Strong
Attorneys: Robert B. Creager (Anderson, Creager & Wittstruck, P.C., L.L.O.) — Kathleen M. Neary (Powers Law)
Civil: Violations of Fair Labor Standards Act & Nebraska Wage Act
Proceedings Below: The court found that Mays was an employee of appellants and awarded damages and attorney fees.
Issues: Appellants allege the court erred in (1) finding May was their employee, (2) failing to find Mays was estopped from arguing she was an employee, (3) failing to conclude that policy statements applicable to either state or federal minimum wage laws were applicable to the agreement between the parties, (4) finding Mays was entitled to minimum wage compensation, (5) failing to find that Mays’ minimum wage--if entitled to one--should have been as a tipped employee, and (6) awarding an excessive and unreasonable attorney fee.