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Nevada Employment Law Questions & Answers
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...
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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 »

1 Answer | Asked in Employment Law and Appeals / Appellate Law for Nevada on
Q: Can a decision be reversed in appellate status if evidence are summitted that wasn't giving in prior decision.

Without going to court.

Glenn B. Manishin
Glenn B. Manishin answered on Dec 20, 2016

In both state and federal courts, the rule is that an appeal is based on the trial record (evidence, jury instructions, legal decisions, etc.) and new facts cannot be introduced at the appellate level unless it was impossible to have presented them before the lower court.

1 Answer | Asked in Employment Law and Contracts for Nevada on
Q: I recently signed a work contract with a company, but I wish to leave. I am a 1099 worker, can they sue me?

I signed neither a W9 nor W4 form, the contract states that I must work exclusively with the company for 6 months, and cannot work with a competing business or open my own within 3 years of working for them. I thought nothing of it when I signed it, but I am, according to the document, a 1099... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Mar 31, 2016

Non-compete clauses are common in independent contractor agreements. Otherwise you could work for them and take their client list and then go out on your own. So, there is a high probability it would be enforceable, at least in part. Most states though will limit them to reasonable restrictions,... Read more »

1 Answer | Asked in Employment Law for Nevada on
Q: Should a Supervisor be the only person to get terminated for "supposedly" changing an employee's timecard for favors?


I was a Supervisor at a Call Center and was recently terminated for supposedly fixing employee's times for favors. I was the only person terminated while everyone else kept their jobs. My termination happened less than a week after myself and one of my employee's filed a... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Mar 23, 2016

As a general proposition an employer could fire one person and not fire the other for the same offense. That said, it appears you may have more going on, in which the firing could be related to retaliation and/or be related to race. As such, find a local employment law attorney who offers free... Read more »

1 Answer | Asked in Employment Law for Nevada on
Q: If a Supervisor is fired for fixing an employee's time in "exchange for favors", shouldn't that employee fired as well?


I was a Supervisor at a Call Center and was recently terminated for supposedly fixing an employee's time for favors. How is it that I was terminated, but the employee I “supposedly” fixed the time for didn’t? Also, my termination happened less than a week after myself and... Read more »

Marshall Jason Ray
Marshall Jason Ray answered on Mar 23, 2016

You should consult with a local attorney. Different treatment among employees who commit the same or similar infractions can suggest that there is an illegitimate basis for the more harsh treatment one is receiving compared to the other. Sometimes, however, there are legitimate business reasons... Read more »

1 Answer | Asked in Employment Law for Nevada on
Q: Can an employer withhold an employees check due to lack of funds in the company account?

If an employees payday was 11/6/2015,but the employer has no money in the company bank account, are they allowed to withhold the employees checks?

Robert Jason De Groot
Robert Jason De Groot answered on Nov 7, 2015

Well, if there is no money in the account, how are you supposed to get paid? If they wrote a check it would bounce, right? And that would get them into more trouble, most likely.

1 Answer | Asked in Employment Law for Nevada on
Q: who is the best sexual harrassment attourney in las vegas?

on paid admin. leave. have not heard a word back from human resourcesr. (huge corp.)

perp has already been forced into retirement.

can not get an answer from anyone, even after 30 years of employment!

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 4, 2015

Speak to several attorneys in your vicinity. They may want to refer you to someone who does a lot of this kind of thing.

1 Answer | Asked in Employment Law for Nevada on
Q: If I'm required to drive for my job 5-10 miles per day - between facilities, does my emp have to pay me mileage?
Janice Jacovino
Janice Jacovino answered on Jan 5, 2015

Your employer is not required to pay you mileage. However, when you drive your personal vehicle as a part of your job, you may claim your mileage and/or wear and maintenance for your personal vehicle as an unreimbursed business expense on your tax return. The easiest way is to keep track of mileage... Read more »

1 Answer | Asked in Employment Law for Nevada on
Q: What proof do I need to prove age discrimination?

A person has replaced my position whom does not meet the positions qualifications. Several company people have said, "this just is not right." The company did not fire me but they have demoted me to a lower position with lower pay. (Until this happened---no negative feed back from management).

Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin answered on Jan 15, 2011

Age discrimination under Federal law (40 or over) is proven by showing you applied for the position, you were qualified for the position, you were not hired, a person under 40 with less experience was hired. It is a burden shifting, preponderance of the evidence, type trial. The employer will have... Read more »

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