Filing a Wage and Hour Claim – Nevada

Does Nevada have state overtime laws that are different from federal law?

Like federal law, Nevada requires that employees who work more than 40 hours in any one week be paid overtime at one and one-half times their regular rate of pay. In addition, Nevada also requires that overtime be paid at the same rate to employees who work more than 8 hours in a single workday (a workday begins when an employee starts work for the day); however, this only applies to those employees who make less than one and one-half times the minimum wage. Also, if an employee agrees with his/her employer to work a schedule of four ten-hour days per week without overtime, that is acceptable. Employees not covered by the minimum wage laws are also not covered by the overtime laws.

The following jobs that are not exempt from the federal overtime laws are exempt from the Nevada overtime laws.

Outside buyers
Salespersons earning commission in retail business if their regular rate is more than one and one-half times the minimum wage, and more than half of their compensation comes from commissions.
Employees covered by collective bargaining agreements that provide otherwise for overtime.
Drivers of taxicabs or limousines.
Employees of business enterprises having a gross sales volume of less than $250,000 per year.
A mechanic or workman for any hours to which the provisions of subsection 3 or 4 of Nevada Revised Statutes 338.020 (involving public works)

Nevada also excludes from its overtime provisions the following employees who are excluded under federal law:

Employees who are employed in bona fide executive, administrative or professional capacities.
Drivers, drivers’ helpers, loaders and mechanics for motor carriers subject to the Motor Carrier Act of 1935.
Railroad employees.
Air transportation employees.
Drivers or their helpers making local deliveries and paid on a trip-rate basis or other delivery payment plan.
Agricultural employees.
Any salesman or mechanic primarily engaged in selling or servicing automobiles, trucks or farm equipment.

Does Nevada have a minimum wage that is different from federal law?

Nevada has a minimum wage of $8.25 per hour for employers that do not offer a qualified health plan to employees, and $7.25 per hour for employers that do offer a qualified health plan to employees. The federal minimum wage is $7.25 per hour.

Nevada’s minimum wage applies regardless of tips, so tipped employees must be paid the minimum wage before tips. If the employer provides meals, then the meals can be counted against the minimum wage, but only in very small amount: the employer can charge $.35 for breakfast, $.45 for lunch, and $.70 for dinner. The employee also must agree that the meals will count against his/her wage. If you are required to wear a uniform, your employer must provide and clean that uniform at no cost to you.

Minors have a lower minimum wage, equal to 85% of the regular minimum wage. There are special minimum wage rates for handicapped workers that can be found in chapter 608 of the Nevada Administrative Code.

In addition to minors and some disabled individuals, the following employees are not entitled to the minimum wage under Nevada law; some of these exemptions overlap with the federal exemptions:

Casual babysitters
Domestic service employees who reside in the household where they work
Outside salespeople whose pay is based on commissions
Agricultural workers whose employers do not use more than 500 man-days of agricultural labor in any calendar quarter of the preceding calendar year
Taxicab and Limousine drivers

More information about the minimum wage can be found at http://www.laborcommissioner.com/.

Does Nevada have meal and rest break requirements, unlike federal law?

Nevada does require rest and meal breaks for employees. For every continuous 8-hour period that you work, your employer must provide you with a 30-minute meal break. For every four-hour period worked (or a period close to four hours), you are entitled to a 10-minute break. However, in certain cases employers can get exemptions from this rule. In general, this rule also does not apply to cases where only one person is employed at an establishment.

Does Nevada have other labor standards that are different from federal law?

The State of Nevada allows paycheck deductions for dues, rates, and assessments for a hospital association or to other departments and associations maintained for the benefit of employees. Other deductions can only be made with the written permission of the employee. In order for these deductions to be legal, you should have agreed to your employer’s deduction policy when you began working, and you should approve of each individual deduction.

How do I file a wage/hour or labor standards claim in Nevada?

The Office of the Labor Commissioner is responsible for administering Nevada’s wage-and-hour laws. If you have a complaint under Nevada’s wage-and-hour laws, you must first make a good faith effort to try to resolve the issue with your employer. If that effort fails, you can file a complaint by filling out a Claim for Wages form, available at the Labor Commissioner’s homepage (http://www.laborcommissioner.com). Bring or mail the form to one of the addresses listed for the Labor Commission (see below); do not e-mail or fax them. The Office of the Labor Commissioner also suggests that you include copies of check stubs, time records, receipts, the names and addresses of your managers and supervisors, owners, or officers of your employer. You should also bring a list of any witnesses who could testify for you, as well as any other information that you think might be helpful. The Labor Commissioner has the authority to conduct hearings and issue binding decisions, which can be enforced in a state court.

What are my time deadlines?

Do not delay in contacting the Office of the Labor Commissioner to file a claim. While there is a time deadline for filing an action in court (see below), no time limit is indicated for filing a complaint with the Labor Commissioner. However, as you may have other legal claims with strict deadlines, do not wait to file your claim until your time limit is close to expiring. You may wish to consult with an attorney prior to filing your claim, if possible. Yet if you are unable to find an attorney who will assist you, it is not necessary to have an attorney to file your claim with the Labor Commission.

How can I or my attorney pursue a claim in court in Nevada?

Under Nevada law, a private right of action exists to recover the difference between your wage, if it is less than the minimum wage, and the minimum wage. This means that if you have been paid below the minimum wage, you may take your employer to court to sue for the difference; this is an alternative to filing a claim with the Labor Commissioner. You must do this within two years of the denial of wages, and there does not appear to be a provision allowing you to collect any additional damages or to recover your attorneys’ fees. It also appears that you can bring a suit for wages earned and due to you according to the terms of your employment, and that in such cases you can recover your attorneys’ fees from your employer.

Contact Information for the Office of the Labor Commissioner:

Office of the Labor Commissioner
555 E. Washington Avenue Suite 4100
Las Vegas, Nevada 89101
PH: 702-486-2650
FAX: 702-486-2660
EMAIL: [email protected]

Office of the Labor Commissioner
675 Fairview Drive Suite 226
Carson City, Nevada 89701
PH: 775-687-4850
FAX: 775-687-6409
EMAIL: [email protected]

This material was originally prepared by attorney Joseph Jaramillo and former law clerks Keia Cole and Adam Weiss of the law firm Goldstein, Demchak Baller Borgen and Dardarian, and was updated by Professor Douglas D. Scherer, of Touro College, Jacob D. Fuchsberg Law Center. Professor Scherer also serves as the Vice President of Workplace Fairness.