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Nevada Employment Law Questions & Answers
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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read more »

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


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...
Read more »

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... Read 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... Read more »

1 Answer | Asked in Employment Law and Immigration Law for Nevada on
Q: Is it legal to work for two employers (one full time, other part time) on H1B?

I am currently working full-time for Company A (have H1B and approved i-140 with this firm) and have very good work relationship with them. I recently accepted another full-time job with Company B and they have applied for H1B transfer. However, my current employer (Company A) asked me if I can... Read more »

Carl Shusterman
Carl Shusterman answered on Apr 20, 2018

Foreign nationals in valid H1B status are eligible to work for multiple H1B employers as long as the additional employer(s) are willing to file a petition for a "Concurrent H1B."

For the benefit of H1B employees who are interested in working with multiple H1B employers, we present...
Read 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... Read 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...
Read more »

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... Read 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 last week. Most likely, the checks you receive are bad, but they take 2 weeks... Read more »

1 Answer | Asked in Workers' Compensation and Employment Law for Nevada on
Q: My job is saying I have enough money to pay my hospital bills?

I injured my arm at work and I had to get surgery to fix it. My work covered the surgery, medication and physical therapy. But that was 3 years ago. I got a bill from the hospital about a week ago and they're asking for 10,000 for the surgery. On the bill they sent it said something along the... Read more »

David Alan Wolf
David Alan Wolf answered on Sep 18, 2017

You should consult with a Nevada based worker's compensation attorney. There are time limits that apply to the case and the processing of the medical bills. In some jurisdiction, the clock starts ticking after the last treatment related to the worker related injury. In some states, there... Read more »

1 Answer | Asked in Employment Law, Immigration Law and Tax Law for Nevada on
Q: Is it possible to obtain a work permit & temporary residence card for work in Poland with a US federal tax lien?

I have a $30,000 personal deliquent tax debt and a federal tax lien for that debt from the years 2012-2016. I have filed every year on time. I live in Nevada. Since 2012 I have had an installment agreement that I have paid on time all the time except for this year 2017. I defaulted on my agreement... Read more »

Michelle D. Wynn
Michelle D. Wynn answered on Aug 8, 2017

I cannot address whether Poland will issue you a work permit, but as far as the IRS goes, it will not prohibit you from living and working in Poland. You should be aware, however, that for as long as you live outside the United States, the statute of limitations on collecting your tax debt stops... Read more »

1 Answer | Asked in Employment Law and Military Law for Nevada on
Q: will a not showing up to drill because of a medical reason give you a dishonorable discharge?

I am in the National Guard. I have not been able to go to drill because of some medical reasons. I have given my doctor notes to my Sergeant but he tells me that the Sergeant Major does not care about that. Will they give me a dishonorable discharge? I am also studying to become a teacher. Will... Read more »

Patrick Korody
Patrick Korody answered on Feb 6, 2017

You need to show up to drill, even with medical reasons. If you are not fit to perform your drills, the military medical folks will place you in a not physically qualified status. Not showing up will get you involuntarily separated with a less than Honorable discharge.

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Nevada on
Q: my Company will not be paying any salary for short/long term disability and have stated that they will not cover my

medical insurance. I believe that I am now unemployed and with no medical coverage and surgery was scheduled for next week Monday. what if anything can I do?

Peter N. Munsing
Peter N. Munsing answered on Jan 13, 2017

Apply for medical assistance. You can buy into your old plan through COBRA. You can go on the ACA website (the deadline doesn't apply to those who have been taken off employers plan). If you have a short term or long term disability plan through work or on your own that should cover it. If you... Read more »

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