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Nevada Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Nevada on
Q: for hours that are worked overtime, can your employer bank your hours instead of paying for the hours worked overtime?
Rhiannon Herbert
Rhiannon Herbert
answered on Nov 22, 2022

I'm unsure of the exact question you're asking, but hopefully this information will help you: Under federal law, hourly-paid employees must be paid overtime, at a rate of 1.5 times their regular hourly rate, for all hours worked over 40 in a seven-day workweek. Entitlement to overtime pay... View More

3 Answers | Asked in Business Law, Employment Discrimination and Employment Law for Nevada on
Q: My company wants to change my contract, do they have to give me written notice that they are changing it?

I have been working at my company for over 6 months and now they are trying to cut my pay in half, and even more than that and expecting me to take on more responsibility. And say I have till Monday to sign it or I cant come back to work. Is this legal? Can they do this with no prior notice???

Julie King
Julie King
answered on Feb 7, 2022

Employees are either “at will” or they have a contract. At will employees can quit when they want and the company can fire or layoff an employee when it wants, so long as the termination isn’t due to discrimination, retaliation or another illegal reason. It sounds like you are an employee... View More

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1 Answer | Asked in Employment Law for Nevada on
Q: Is commute pay not eligible for overtime?

I work for a temp agency that sends me to several locations around the city. There is one location that is an hour and a half outside of town. We carpool to this location and are paid 2 additional hours for travel. This travel pay is never overtime. We could go to this location everyday for a week... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 5, 2022

The general rule for travel time pay is that you must be paid for travel during your work day (ex. from work location 1 to work location 2) but not for travel to your first site for the day or travel home after your last site of the day. If travel to the out-of-town location you mentioned is the... View More

1 Answer | Asked in Employment Law for Nevada on
Q: If an employee quits or gets fired and the uniform is dirty is the company allowed to charge said employee for cleaning?

And that also goes with if the employee doesn't turn in their uniform the employer withholds their check or just charges them for the shirts for example so they can get there check. And I've known this company to withhold checks because paperwork hasn't been turned in.

Rhiannon Herbert
Rhiannon Herbert
answered on Jul 20, 2021

Employers may take deductions from your paychecks for these things, but the deduction cannot be so much that it brings your average hourly rate of pay below your state's minimum wage.

1 Answer | Asked in Bankruptcy, Employment Discrimination and Employment Law for Nevada on
Q: Can they take back a job offer due to ch. 7 bankruptcy?

Files last year due to covid and most of income from partner. Got job offer and they’re doing background check. Only negative thing would be the bankruptcy. Can they take back offer due to that?

Timothy Denison
Timothy Denison
answered on Jul 10, 2021

They can take back their offer for any reason or no reason at all, at any time.

1 Answer | Asked in Employment Law for Nevada on
Q: Hair stylist friend fired without being told why she is being fired.

A friend of mine who is a hair stylist was recently fired from her job without being told why, she got COVID a few months back and when she returned everyone was mad at her and wanted her fired, she attempted per her boss to fix the issue and noone would talk to her, now she was given a notice is... View More

Rhiannon Herbert
Rhiannon Herbert
answered on May 11, 2021

Unfortunately, employers are not required to provide a reason for termination in at-will employment states. However, if your friend suspects she was fired because she had COVID or for a discriminatory reason (i.e. based on race, sex, age, disability, or religion), then she should consult a Nevada... View More

1 Answer | Asked in Employment Law for Nevada on
Q: I work for amazon i started as a fulltime white badge and got converted to blue badge they changed my hire date

I started 11/2019 and got converted 06/2020 i was always a full time employee with no breaks. They changed my hire date to the day i was converted and will not change it back to the actual day i was hired. This has affected many things looking at a new apartment after my divorce when they asked for... View More

Carrie Dyer
Carrie Dyer
answered on Jan 13, 2021

Were you employed with a staffing agency and placed at Amazon prior to June 2020? If so, then you were likely not an employee of Amazon until June 2020. The date you became an employee of Amazon (not the date you were placed to work in Amazon's facility) would be the relevant date for... View More

1 Answer | Asked in Employment Law for Nevada on
Q: My husband has worked for a place for ten plus years and the place is selling they told my husband he would be taken c

Care of when they sold the place my husband has never been paid by check only the monthly amount of our rent is he entitled to money for being under paid working 7 days aweek

Kyle Anderson
Kyle Anderson
answered on Jan 6, 2021

Hi, more information is needed here. How many hours a week is your husband working? How much is your rent? It sounds like you are saying is isn't necessarily being paid by the hour, but rather whatever the amount of your rent is and regardless of the number of hours he works. It would be... View More

1 Answer | Asked in Employment Law for Nevada on
Q: Is my boss able to take all of my tips at the end of the night & divide them with everyone including the dishwasher.

The cook gets paid higher than me, and he takes my tips and splits with them including himself. I only receive a quarter of my tips by the end.

Christopher B. Hall
Christopher B. Hall
answered on Oct 5, 2020

Federal law prohibits an employer from using your tips to pay managers or non-tipped employees such as cooks. You probably have a good claim under federal law if your restaurant is covered by the Fair Labor Standards Act (FLSA). Most restaurants are covered by the FLSA. Your restaurant is... View More

1 Answer | Asked in Employment Law and Native American Law for Nevada on
Q: What should I be paid for working 48 hours in a work week on tribal land at a shell gas station in nevada?
Maurice Mandel II
Maurice Mandel II
answered on Jul 31, 2020

Interesting situation. Tribal land is in a Sovereign Nation, but they are subject to Federal Laws. So you don't get Nevada wages but you get Federal minimum wage and Federal Overtime which is after 40 hours in the work week. So you get 40 hours regular time and 8 hours at time and a half... View More

1 Answer | Asked in Business Law, Contracts and Employment Law for Nevada on
Q: Looking for help for breach of contract

I have worked as a remote independent contractor recruiter working in Texas for a staffing agency located in Las Vegas, Nevada. My compensation was not paid completely as agreed in the contract and the agency made me work other job that was not described in the contract. I was told by my other... View More

Kyle Anderson
Kyle Anderson
answered on Jul 15, 2020

Sometimes these contracts have a clause that determines the state in which an action may be brought for a breach. I would review your contract and see which state you would need to bring action in, then start reaching out to employment law attorneys in that state for a consultation and to discuss... View More

1 Answer | Asked in Employment Law for Nevada on
Q: Can a box store threaten to fire employees over social media posts that a fellow employee tested positive for covid 19?

A friend of mine informed me that their wife's employer threatened to fire their employees if they posted on social media that there was a positive covid-19 case at their store. Some of the employees are worried about sharing this information because they feel the public has a right to know... View More

Alden Jay Knisbacher
Alden Jay Knisbacher
answered on May 11, 2020

Bastards.

Twitter might be a good medium for that. If the post were to a public health agency, the employer would be violating Section 1102.5 of the California Labor Code which prohibits terminations for complaints to government agencies.

Section 96(k) of the Labor Code also...
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2 Answers | Asked in Employment Law and Tax Law for Nevada on
Q: Can an employer make a paycheck payable to a w-2 employee’s family member instead of the employee?

Employee does not want to endorse back of check to have family member deposit/cash for them. They want their paycheck made payable directly to their relative who does not work for the company. Employee is not an independent contractor.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 9, 2020

No. Unless the family member is the employee the employer cannot violate federal and state law.

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1 Answer | Asked in Employment Law for Nevada on
Q: If I was fired for calling into work and my boss said I was supposed Be in at 6 but got there at 7 I’m being den unem.

Is it worth trying to appeal it for unemployment?

Joseph R Maridon Jr
Joseph R Maridon Jr
answered on May 4, 2020

You should file for unemployment. It may take a while to receive benefits, but in Nevada, it is almost unheard of anymore to be denied benefits unless you are convicted of a crime.

1 Answer | Asked in Employment Law for Nevada on
Q: Can any employer force you to work through your lunch break if they pay you for your lunch break period in Nevada?

My employer pays for lunch breaks as a benefit. HR never mentions that you have to work through your lunch, but management sometimes does, or in the case of grave shift, it's pretty much mandatory all of the time. I'm curious if this is legal, the laws I've read dont address... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 8, 2020

Under the Fair Labor Standards Act, interrupted breaks, meaning breaks where employees are still required to perform work, must be paid. Since your employer is paying you for your lunch break, there is no violation here. The Fair Labor Standards Act does not require employers to offer employees... View More

0 Answers | Asked in Contracts, Employment Law, Employment Discrimination and Sexual Harassment for Nevada on
Q: I have been very ashamed of the agressive sexual misconduct that happened to me while at a new job by the GM.

He's threatened me and always made sure to track me and cling on to me fearing the consequences that would follow. A few months ago, he became domestically violent with me because he found my journal stating all the information. He tore it up and the violence was terrifying. Called 911. At... View More

Q: Intellectual/Moral Rights Signed to Corporation FOREVER?

I'm a 20-year old male in the state of Nevada looking for work online. I've applied to an online AI-research company and have gotten a request for my first job. In the agreement attached, there is a few things I'm wary of before signing. It may just be paranoia, but I would like to... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Mar 16, 2018

I think that the assignment of all IP rights forever has to do with assigning all the rights that you produce for the company while you are engaged in an assignment for them. It does not extend to IP rights that you generate during your lifetime after the engagement ended.

You may want to...
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1 Answer | Asked in Employment Law, International Law and Internet Law for Nevada on
Q: Liability for Independent Contractor processing payment checks?

I am an independent freelance contractor who has been contacted by a potential employer for virtual assistance. They are hoping that I can commit transactions for customers on their products and process orders for their customers in form of checks. I am wary of the opportunity as it seems a little... View More

Richard Sternberg
Richard Sternberg
answered on Mar 16, 2018

This is a very common Internet fraud that lawyers have been seeing for at least a year. I used to get a couple such emails a week. I guess they’ve moved on to non-lawyers, because I warned someone off this on Avvo.com last week. Most likely, the checks you receive are bad, but they take 2 weeks... View More

0 Answers | Asked in Civil Litigation and Employment Law for Nevada on
Q: Can I Sue for harassment and wrongful termination in small claims court in Nevada?

I'm not asking for more than 10k.

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