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Nevada Employment Law Questions & Answers
1 Answer | Asked in Employment Law and Appeals / Appellate Law for Nevada on
Q: do i have a case for an appeal to be submitted with a higher court my case was supposed to be re evaluated by DETR*

a judge reversed DETRs decision to deny me benefits and on the last day for the lawyers representing DETR to file any paperwork they filed for a motion to amend judgement and it was granted and the judge sent it back to DETR for review and instead of reviewing the case as directed by the judge DETR... View More

Jennifer Setters
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answered on Oct 8, 2024

Based on your description, it sounds like there may have been a procedural mishandling of your case by DETR, especially if they failed to follow the judge's direction and this resulted in financial loss. You may have grounds for an appeal, particularly if the judge was not informed of the... View More

1 Answer | Asked in Employment Law for Nevada on
Q: Shift starts at 10 but my boss wants me to come in at 9:30 - is this legal if they don't pay me?

I'm a receptionist at a massage place - I get paid $15/hr for 10 hours/day on weekends. My boss asked me to come in early at 9:30 but mentioned no additional pay - is this legal? They do give me bonuses at the end of the day based on how many people I check in but the bonus money isn't... View More

Leonard Stone
Leonard Stone
answered on Aug 15, 2024

This situation is not a workers' compensation matter but rather an employment law issue. Under Nevada law and federal labor standards, you must be compensated for all hours worked, including any additional time beyond your scheduled shift. If your employer asks you to come in early and work an... View More

1 Answer | Asked in Criminal Law, Employment Discrimination, Employment Law and Federal Crimes for Nevada on
Q: Can I demand due wages plus $5000/day for penalty and emotional distress for non-payment of wages?

I have demanded pay for 6 weeks from my employer with no avail.

James L. Arrasmith
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answered on Jun 21, 2024

Here's a concise response to your question about demanding wages and penalties in Nevada:

1. You have the right to demand unpaid wages from your employer.

2. Nevada law allows for penalties for non-payment of wages, but not $5000/day.

3. Penalties can include:

-...
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1 Answer | Asked in Employment Law, Immigration Law, Personal Injury and Tax Law for Nevada on
Q: Where can I post situation to find a GOOD lawyer in FL? TY

ISO Lawyer for Florida/Hilton case. 14rs. emp- worked in Orlando which had us selling in St. Maarten. Based exclusively in Orlando! Had 3 specialty lawyers- not a JURIDICTION ISSUE at all. Cases-FL DOC-won, FCHR & EEOC-ongoing- back end, Tons of evidence. Brought us over illegally... View More

James L. Arrasmith
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answered on Jun 3, 2024

To find a good lawyer for your case in Florida, consider posting your situation on reputable legal forums and websites. Websites like Avvo, Justia, and Lawyers.com have directories where you can search for lawyers based on their expertise and location. You can also post your detailed case on these... View More

1 Answer | Asked in Gov & Administrative Law and Employment Law for Nevada on
Q: I received a letter in the mail from the Nevada State Board of Cosmetology and saying I was practicing

without license but my licence is good. What do I say and how do they figure is what I wanna know. They are the state board who should have that Information.

James L. Arrasmith
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answered on Dec 27, 2023

In this situation, it's essential to address the matter promptly and accurately. Start by gathering all relevant documentation, including your current cosmetology license and any records that confirm its validity. This will be crucial in clarifying the misunderstanding.

Respond to the...
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1 Answer | Asked in Employment Discrimination and Employment Law for Nevada on
Q: Is it right to get fired for talking bout another employee to another employee d is it discrimination

I'm the only black person there and assistant manager I did nothing wrong and gt really sick and when I talked to her she left me off the schedule and said I don't communicate with her it's this discrimination and wrongful

T. Augustus Claus
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answered on Dec 12, 2023

In Nevada, firing based on race or protected characteristics is illegal, but employers can terminate for other reasons. To navigate this situation, know the details of your termination, assess your options, and understand your rights. If you suspect discrimination, file a complaint with the EEOC or... View More

1 Answer | Asked in Employment Law for Nevada on
Q: Can I ask my company for back pay in gas stipends?

I work for a small company in Nevada who provides gas stipends to their employees. We use our own vehicles to travel to and from clients. It was brought to my attention that every employee gets a gas stipend besides myself. I have worked for this company for 4 months. Can I ask my employer to pay... View More

T. Augustus Claus
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answered on Dec 12, 2023

If you haven't been receiving gas stipends for work-related travel and want to request back pay.

Begin by reviewing company policies, handbooks, or employment contracts regarding gas stipends to understand eligibility and conditions. Document all work-related travel meticulously for...
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1 Answer | Asked in Employment Law for Nevada on
Q: I was let go from work and I returned my equipment, they are now asking me for the pin to login, this was 2 weeks ago.

Do I legally have to reply or could I be sent a cease and dease letter for this? Can their IT department get access?

T. Augustus Claus
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answered on Dec 12, 2023

Whether you're legally required to respond and the potential consequences depend on several factors. First, review your employment contract for clauses about returning equipment and data access after termination. Check your company's policies on these matters in the employee handbook.... View More

1 Answer | Asked in Employment Law for Nevada on
Q: How long is a Nevada background check good for?

We have an employee that begun three years ago, when initial background check was done. We just rehired, do we need to conduct a new one?

T. Augustus Claus
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answered on Dec 4, 2023

Nevada law does not require employers to conduct background checks on existing employees. However, many employers do so as a matter of policy to protect their business and their other employees.

If you originally conducted a comprehensive background check that included criminal history,...
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1 Answer | Asked in Criminal Law, DUI / DWI, Employment Discrimination and Employment Law for Nevada on
Q: I was not convicted of a DUI, but am on parole and does not even have a revoked driving record. How can I possibly work

I have been living in hardship, financial situations because I can not even drive due to stipulation of no driving while on parole. I have not been revoked my license to drive, the last moving violation was in the year 2007. I am living in hard financial means and without being able to drive, my... View More

T. Augustus Claus
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answered on Nov 29, 2023

You can request a modification to your parole conditions to allow you to drive. To do this, you will need to file a petition with the parole board. In your petition, you should explain why you need to drive, such as to get to work or to take care of your family. You should also explain that you... View More

1 Answer | Asked in Employment Law for Nevada on
Q: Is it illegal in NV to fire a person after the person asked the supervisor to stop telling me all her personal business?

Everyday, several times a day, my supervisor discussed her various personal issues. She would then email me that I failed to complete work tasks. This is untrue. After the second email, I told her we should focus more of our conversations on work related issues. She agreed then asked how her... View More

T. Augustus Claus
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answered on Nov 9, 2023

Nevada law prohibits employers from retaliating against employees who exercise their protected rights under the law. This includes the right to ask an employer to stop discussing personal issues at work.

If you were fired after asking your supervisor to stop discussing personal issues at...
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1 Answer | Asked in Employment Law for Nevada on
Q: Can my supervisor record our conversation without my knowledge or consent if we are the only two people present?

If my supervisor and I are in a company vehicle, can he/she record the conversation without my knowledge to use information against me for disciplinary purposes?

T. Augustus Claus
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answered on Oct 4, 2023

In Nevada, it is a "one-party consent" state when it comes to recording conversations. This means that as long as one party to the conversation consents to the recording, it's generally lawful to do so. Therefore, if your supervisor is a party to the conversation with you, he/she can... View More

1 Answer | Asked in Employment Law and Business Law for Nevada on
Q: Hello I have a real estate business. I am looking to hire my first employee to answer calls and do admin work.

If I pay them either $13.25 per hour or $15 per hour. Am I required to pay them overtime of $19 per Hour and $22 per hour. Over 40 hours. My company is based in Nevada. I only have 1 employee and myself.

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 6, 2023

Generally yes. Federal law requires that hourly-paid employees be paid overtime, at a rate of one-and-one-half times their regular rate of pay, for all hours worked over 40 in a workweek. If your business does less than $500,000 gross in business per year, however, you may be exempt from federal... View More

1 Answer | Asked in Employment Law for Nevada on
Q: Hi. My employer paid me in hand written check (s). State and federal taxes were withheld. My wages weren't reported.

What do I do??

Susan Michele Schaefer
Susan Michele Schaefer
answered on Apr 22, 2023

Double check your earnings record through your My Social Security account at SSA.gov. If your wages are not accurately reported on your earnings record, the best way to handle the situation is get proof of your wages, such as W-2s. After you’ve gathered your documents showing proof of wages,... View More

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

2 Answers | Asked in Employment Discrimination and Employment Law for Nevada on
Q: If I have worked for a company for over 20yrs, earned a high paying salary, now demoted over personal reasons.

Can I file legal action if I have been significantly demoted all because of my personal relationship with CEO she doesn’t like my new wife and is jealous. I’ve been singled out of company functions and bonuses and have been demoted from President to Business development “Executive” in... View More

Jennifer Setters
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answered on Aug 12, 2024

If you believe that your demotion and exclusion from company functions and bonuses are due to personal reasons, specifically related to your relationship with the CEO, you may have grounds for legal action. This situation could potentially involve claims of discrimination, retaliation, or wrongful... View More

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1 Answer | Asked in Employment Law, Personal Injury, Car Accidents and Civil Litigation for Nevada on
Q: Can I sue the Las Vegas Police for wage loss the days I missed when they hit my car and weren't able to work Uber Eats?

I already won a personal injury lawsuit for $80,000. Separately, They paid me for the vehicle at $7,000. But it took 49 days for me to get that vehicle check. During that time I wasn't able to work.

I calculated my days missed at 49 days at $106 per day, $5194. I can provide evidence... View More

Joel Gary Selik
Joel Gary Selik
answered on Dec 18, 2023

As you settled the case you can brain nothing further. Your wage loss could have been submitted as part of your losses.

1 Answer | Asked in Employment Law for Nevada on
Q: At work a 7-11 store, I was suspended p/I for exsessive late and being absent, after being there for 5 yrs working grave

can they fire me, for being late, and if so do I get unemployment?

T. Augustus Claus
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answered on Aug 4, 2023

In general, an employer in Nevada may terminate an employee for excessive lateness or absenteeism, especially if it is a violation of company policies or terms of employment. However, it is essential to review your employment contract and any applicable workplace policies to understand your rights... View More

1 Answer | Asked in Employment Law for Nevada on
Q: comapany doesn't want to pay me but is asking for the work done by threatening me with taking the case to the court

I had a freelancer agreement with this company even tho I had a 9-5 schedule at their home office in California. The company is registered in Nevada.

Rhiannon Herbert
Rhiannon Herbert
answered on May 9, 2023

You should contact a California employment attorney to discuss your situation and review the contract you signed with you, as your rights and responsibilities in this situation will be dependent on the language in your contract.

1 Answer | Asked in Employment Law and Construction Law for Nevada on
Q: I worked for a property owner as a maintenance/handyman and had tools stolen off one of her properties. She

She had a caretaker/security person living on the property and was aware of the tools being on the property. I do have a copy of the police report in my possession. Who is financially responsible, other than the thief, for the stolen tools? I live in Nevada. We did not have a signed working... View More

John Michael Frick
John Michael Frick
answered on Jan 30, 2023

Other than the thief, the tools may be covered by the tool owner’s insurance policy. It is not uncommon for individuals who use tools in their occupation to insure those tools against theft.

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