Kara Sears
Nevada's wage and hour laws are in place to ensure employees are paid what they are owed. These laws cover a range of situations, from final paychecks to overtime and uniform costs. If an employer fails to comply, employees can file a complaint with the Nevada Office of the Labor Commissioner or bring a civil lawsuit. In the case of unpaid final wages, employers have a strict deadline to provide payment: immediate payment for employees who are fired or laid off, and within seven days or by the next scheduled payday (whichever is first) for those who quit. Employees can also file a claim with the Nevada Labor Commissioner if they are owed back wages or vacation pay, and if this is unsuccessful, they can sue their employer in civil court.
| Characteristics | Values |
|---|---|
| Final paycheck | Must include all wages and compensation that the employee has earned but not yet been paid for. |
| Final paycheck deadline | If the employee was fired or laid off, payment must be made immediately. If the employee quit, payment must be made within seven days or by the next scheduled payday (whichever occurs first). |
| Wage deductions | An employer cannot deduct money from an employee's paycheck unless it is for the employee's benefit, e.g. insurance premiums or retirement fund contributions. |
| Uniform costs | An employer cannot require an employee to pay for a uniform or its cleaning if it requires special cleaning. |
| Medical examinations | An employer can require an employee to pay for a medical examination before being hired. |
| Meals | An employer can provide meals as part of compensation instead of wages if the employee agrees, up to a maximum of $1.50 per day for non-agricultural employees. |
| Overtime | An employer must pay employees for overtime if they allow or require them to work more than 40 hours a week. |
| Minimum wage | Employers must pay employees the minimum wage as set out in NRS 608.250. |
| Vacation pay | Employers are not required to provide paid vacation or sick leave, but if they promise to do so, they are legally obligated to follow through. |
| Sick leave | Employers are not required to provide paid sick leave, but those with 50 or more workers must provide at least 40 hours of paid sick leave. |
| Wage complaints | Employees can file a complaint with the Nevada Office of the Labor Commissioner or file a lawsuit if they believe their employer is violating wage laws. |
What You'll Learn
Final paycheck laws
In Nevada, if an employee is discharged, the employer must pay the full final paycheck immediately. This includes all unpaid wages and compensation that the employee has earned. Employers have a three-day grace period after an employee is discharged before they will be penalized for late payment. If an employer fails to pay a final paycheck on time, the employee may file a complaint with Nevada's Labor Commissioner, who will investigate the claim.
If an employee quits their job, the employer must pay their final paycheck no later than either the normal payday the employee would have received payment or within seven days of the employee resigning (whichever is earlier).
The final paycheck should include all wages and compensation that the employee has earned but not yet been paid. An employer can only withhold wages for tax purposes or for reasons the employee agreed to, such as a corporate savings plan or healthcare payments.
If an employer fails to give an employee their promised pay, the worker may file an unpaid wage claim with the Nevada Labor Commissioner. If the employer rejects the former employee's good faith effort to resolve the matter privately, the former employee can then file a wage claim online. The Commissioner will then investigate the claim and try to get the employer to comply with the law. Depending on the case, the Commissioner may even hold a hearing and issue a binding order on the employer that courts would be required to uphold.
CNA's Call Book Access: Legalities and Limits
You may want to see also
Withholding vacation pay
In Nevada, employers are legally obligated to provide vacation pay if they promise to do so. This could be through a corporate policy or an individual employment agreement. If an employer breaks their promise to give departing employees the monetary equivalent of their unused paid time off, the employees have two options: they can either file an unpaid wage claim with the Nevada Labor Commissioner or bring a lawsuit against the employer.
If an employee chooses to file a claim with the Nevada Labor Commissioner, this is only possible if they are owed back wages, not just vacation pay. The Labor Commissioner will then investigate the claim, hold hearings, and try to get employers to pay their employees—or past employees—past wages plus interest. If the employee wins the case, the judge may order the employer to pay out Nevada punitive damages.
If an employee chooses to bring a lawsuit against their employer, this requires more time, money, and resources than simply filing a claim. However, if successful, a lawsuit can result in monetary awards and the judge may even order the employer to pay punitive damages if it appears the employer knew it was unlawfully withholding unpaid wages. Punitive damages are often much greater than any back pay. Employers also face misdemeanor criminal charges for violating Senate Bill 312 and an administrative penalty by the Labor Commissioner.
In Nevada, some employers owe their workers vacation pay if they quit or get laid off before they can take their allotted vacation time. Vacation pay is usually the product of an employee's unused vacation hours multiplied by their hourly wage. For example, if an $11-an-hour employee resigns with 10 hours of unused vacation time, then the employer may have to pay the employee an extra $110.
Judicial Power: Revoking Broadcasting Licenses
You may want to see also
Filing a claim with the Nevada Labor Commissioner
If an employee's attempt to resolve unpaid wage issues with their employer privately is rejected, they can file a wage claim online with the Nevada Labor Commissioner. This is only available to ex-employees who are owed back wages. The claim should include all relevant documentation. The Labor Commissioner will then investigate the claim, hold hearings, and try to get employers to pay their employees or past employees their past wages plus interest. Depending on the case, the Commissioner may even hold a hearing and issue a binding order on the employer that courts would be required to uphold. Note that the Labor Commissioner does not try to recover back pay from more than two years ago, so workers are encouraged to file their claims as soon as possible.
The final paycheck should include all wages and compensation that the employee has earned but not yet been paid for. When an employee is discharged in Nevada, the law says that their employer must pay the full final paycheck immediately. If the employee was fired or laid off, payment must be made immediately. If the employee quit, payment must be made within seven days or by the next scheduled payday, whichever occurs first. If an employer fails to pay a final paycheck on time, the employee may be able to file a complaint with Nevada's Labor Commissioner.
Some Nevada employers owe their workers vacation pay if they quit or are laid off before they can take their allotted vacation time. Vacation pay is usually the product of an employee's unused vacation hours multiplied by their hourly wage. Employers are legally obligated to provide vacation pay if they promise to do so. When employers break their promise to give departing employees the monetary equivalent of their unused paid time off, the employees can file an unpaid wage claim with the Nevada Labor Commissioner.
Bringing a lawsuit against an employer requires more time, money, and resources than simply filing a claim with the Nevada Labor Commissioner. However, if successful, a lawsuit can result in monetary awards and punitive damages.
At-Will Employment: Can Employees Leave Without Notice?
You may want to see also
Deductions from wages
In Nevada, an employer is not permitted to deduct money from an employee's paycheck unless it is for the employee's benefit, such as insurance premiums or payments into a retirement fund. An employer is also not permitted to make employees pay for their uniforms or the cleaning of those uniforms if they require special cleaning.
If an employee is discharged, their employer must pay their full final paycheck immediately, including all unpaid wages and compensation. If an employer fails to pay a final paycheck on time, the employee may be able to file a complaint with Nevada's Labor Commissioner, who will investigate whether Nevada's rules have been followed. If the employer is found to be at fault, the employee may be able to recover the amount that was deducted illegally.
An employer must pay wages twice per month (semi-monthly), unless otherwise exempt. If paying semi-monthly, an employer must pay all wages earned and unpaid before the first day of any month by 8:00 a.m. on the 15th day of the following month. An employer must pay all wages earned and unpaid before the 16th day of any month by 8:00 a.m. on the last day of the same month. An employer must also give employees at least seven days' written notice before reducing their wage rate.
If an employer breaks their promise to give departing employees the monetary equivalent of their unused paid time off, the employees can file an unpaid wage claim with the Nevada Labor Commissioner. If the employer rejects the former employee's good faith effort to resolve the matter privately, the employee can then file a wage claim online. The Labor Commissioner will then investigate the claim and try to get the employer to comply with the law. Depending on the case, the Commissioner may even hold a hearing and issue a binding order on the employer that courts would be required to uphold.
False Imprisonment: Lawful Arrests and Their Complexities
You may want to see also
Overtime pay
Nevada's overtime laws are more comprehensive than the federal Fair Labor Standards Act (FLSA). While the FLSA mandates overtime pay for hours worked over 40 in a workweek, Nevada also requires overtime for daily hours worked over eight in a 24-hour period. This daily overtime rule, however, does not apply to employees earning more than 1.5 times the state minimum wage with a flexible work schedule.
In Nevada, employees are entitled to overtime pay if they work more than eight hours in a 24-hour period or more than 40 hours in a workweek. The overtime rate is calculated as 1.5 times the employee's regular rate of pay, which includes hourly wages and other earnings such as commissions and nondiscretionary bonuses. This is also called "time and a half" pay.
Employees who work 10-hour shifts four days a week are not eligible for "time and a half" pay as long as their total hours worked per week are 40 or less. It is worth noting that holidays, vacation days, sick leave, and other types of paid time off (PTO) are not counted as hours worked when calculating overtime in Nevada.
Nevada's overtime laws apply only to non-exempt employees. Exempt employees, due to their job duties and pay, are not legally entitled to overtime pay. Non-exempt employees are those whose job duties do not fall within any of the exemptions provided under the FLSA or Nevada's labour laws. For example, those who work in the retail and fast-food industries are considered non-exempt employees.
Independent contractors are also not legally required to be paid a premium for overtime hours. They are only entitled to the specific compensation bargained for in their contract. As a result, employers may be incentivized to misclassify employees as independent contractors to save on benefits and overtime pay.
If an employee believes they are owed overtime pay, they can file a wage claim with the Nevada Office of the Labor Commissioner. The Labor Commissioner may then attempt to get the employer to pay the employee the overtime pay owed. Alternatively, the employee can sue their employer in court.
Congress' Abortion Law: Federal Power Play?
You may want to see also
Frequently asked questions
In Nevada, if an employee is fired or laid off, their final paycheck must be paid out immediately. If the employee quits, the final paycheck must be paid within seven days or by the next scheduled payday, whichever comes first. The final paycheck should include all wages and compensation that the employee has earned but not yet been paid for.
If an employer fails to pay a final paycheck on time, the employee may be able to file a complaint with Nevada's Labor Commissioner. The employee can also file an unpaid wage claim with the Nevada Labor Commissioner or bring a civil lawsuit.
No, an employer cannot require an employee to pay for their uniform or for getting it cleaned if it requires special cleaning.
No, if an employer allows or requires employees to work overtime, they are obligated to pay that employee for the overtime they worked. An employee that falls under the Fair Labor Standards Act (FLSA) is required to receive overtime pay for hours worked in excess of 40 hours.
