Las Vegas Wage and Hour Dispute Attorneys
Our Las Vegas employment attorneys are available for a free no risk consultation to review your wage and overtime disputes in the workplace.
Filing a claim for wage and hour disputes could be very complex and have many different details that the employee must have to prove. Our experienced labor attorneys in Las Vegas have been representing employment-related disputes for decades. If you or a loved one believe you have a wage-and-hour dispute with your employer, contact our attorneys today for a free no risk consultation.
If you or a loved one have been in a situation where you have had an overtime or wage dispute with your employer, you may be eligible to receive compensation for your injuries. Our attorneys are available 24/7 via phone and email to take on your case, and have a conveniently-located office in Las Vegas near you.
Our employment law attorneys have decades of experience representing victims that have had their rights taken advantage of by their employer. We believe the new employees should have to endure any traumatic experiences by their employer, and employers who mistreat their employees should be held liable for compensation.
Can I sue my Nevada employer for unfair wages?
If you believe your employer has not paid you the wages that you deserve because they have discriminated against you, you may be able to file a claim against your employer under the federal Equal Pay Act. To determine if you have a claim for workplace discrimination against your employer, contact us today.
Nevada Employee Rights
What are my rights as an employee in Nevada?
There are several Federal end Nevada employment law statutes in place that protect employees against any wage and employment violations by their employer.
- Overtime pay refers to those hours that are beyond the employee’s normal hourly wage. There are state labor laws in place in Nevada that entitle an employee to extra pay if they have worked more than a certain number of hours. Nevada overtime rules require that all employees who have worked more than 40 hours a week or more than 8 hours a day must be paid time and a half for those additional hours. As of January 2022, Nevada’s overtime minimum wage is $14.63 per hour, which is one and a half times the regular Nevada minimum wage of $9.75 per hour. But, not all employees are covered under Nevada’s overtime law. For example, commissioned salespeople, mechanics, taxi drivers, and farm workers are not eligible to receive overtime pay. If your employer has neglected to pay you overtime in Nevada, contact our employment attorneys today.
- Minimum wage: as of January 2022, the hourly minimum wage in Nevada is $9.75 an hour. This means that the weekly minimum wage is $390 for a 40 Hour Work Week. Nevada minimum wage is greater than the federal minimum wage of $7.25. This means that Nevada employees are entitled to a higher state minimum wage. However, there are some exceptions. For example, the state of Nevada allows disabled employees to be paid less than the minimum wage. If your Nevada employer fails to pay you minimum wage, contact our employment attorneys for a free no risk consultation.
- Family Leave: Recently, Nevada enacted a legislature called Assembly Bill 190, which allows private employers to allow employees to use their accrued sick leave to assist an immediate family member who may have an illness. Nevada employers must follow the federal Family and Medical Leave Act. Nevada employees who are eligible may take up to 12 weeks of unpaid leave for any health conditions they may have, to bond with a child, or to assist a family member who has an illness.
- In order to qualify for the Family Medical Leave Act, the employee must work for the employer 1,250 hours during the 12 months prior to the start of leave.
- Vacation time: For companies who have less than 50 employees, Nevada state law does not require employers to grant their employees any paid or unpaid vacation time. Companies who have more than 50 employees have to provide 0.1923 hours of paid leave for each hour that they work in a year.
- Jury duty: Nevada law allows employees to take time off work to serve on a jury. Employees do not have to be worried about any retaliation they may face against their employer for taking time off to assist on a jury. Employees are not required to use paid leave for jury service. An employer cannot require the employee to work within 8 hours of the start of the employee’s jury duty. Jury duty leave is unpaid.
- Voting leave: Nevada law requires employers to provide their employees with time off to vote in an election. The employer must give the employee 1 hour of paid leave to vote in an election.
- Domestic violence leave: Employers in Nevada must provide up to 160 hours of unpaid leave to an employee within 12 months of any domestic violence perpetrated against them. This only applies to employees who have worked for their Nevada employers for 90 days.
- 2 weeks notice: in Nevada, employees must provide their employer with two weeks notice before the date of resignation unless there is an agreement that limits the amount of time.
- Off-the-clock: Nevada law requires that employers pay their employees for any hours that they have put off the clock.
- Breaks: under Nevada law, employees have the right to a 30-minute unpaid meal break if they work through an 8-hour shift. Employees are also entitled to a paid 10-minute break for every 4 hours they work. However, federal law does not allow employees to take any breaks throughout their workday.
- Holiday pay: Nevada does not require employers to pay their employees any holiday pay.
- Fired: if you have been fired, or laid off, your employer must provide you with a paycheck immediately.
- Quit: if you quit, your employer must provide you with your final paycheck within seven days or on the next scheduled payday.
How do I file a lawsuit for unpaid wages in Nevada?
If your employer has failed to provide you with all the wages you deserve, you will be able to file a lawsuit under the Nevada Labor Commissioner. The Nevada Labor Commissioner department will review your wage claim, and determine whether you have a valid claim against your employer. For information on how to file a claim, contact our top-rated employment law attorneys today.
Common Wage & Hour Violations
Whether it’s out of greed or just plain ignorance, many employers in America violate these wage & hour laws every day. Below are some of the most common violations that occur across various industries in this country:
- Misclassifying an employee as exempt when they are not. This type of misclassification denies an employee the rights they are owed as non-exempt employees such as overtime, minimum wage, and rest or meal break requirements.
- Failing to pay the time-and-a-half rate for overtime when earned. All non-exempt employees are entitled to the overtime pay rate for every hour they work over 8 in a single day or over 40 in a single workweek. When employees are paid their standard pay or not at all for overtime hours worked, this is a serious violation of the wage & hour laws which an employee can file suit over.
- Misclassifying an independent contractor as an employee or vice versa. An employee must “plainly and unmistakably” fit into the exempt category. In cases where there is any doubt as to whether an employee is exempt or not, the law generally requires a nonexempt classification of the employee.
- Not providing employees with the bonuses they were promised or the commission they earned. Commission is defined as the wage that an employee is entitled to due to the sales they’ve secured.
- Failing to provide employees with compensation for work-related expenses.
- Failing to provide employees with the meal or rest breaks they are required to be given by law, requiring employees to work through those breaks, or not paying them for working through those breaks. According to the department of labor, federal law does not require employers to provide employees with coffee or lunch breaks throughout the day. However, state laws in most of the country do require that these breaks be allowed.
- Not paying employees the applicable prevailing wage or minimum wage applicable by law. For all employees who do not fall under the subminimum wage categories, which includes student-learners and students working full-time in higher education, agriculture, retail, or in the service industry, employers are required to provide pay that is adequate with state and federal minimum wage laws. Even if an employee falls under one of these subminimum wage categories, an employer must get a certificate from the Wage and Hour Division before they can hire someone at subminimum wage.
- Failing to pay an employee for all time they spent on the job. For nonexempt employees, if it takes a lab worker 10 minutes to prepare equipment for their shift before it starts, this is time that an employee must be compensated for by law. Training time, travel time, waiting and on-call time all qualify for compensation as well.
Schedule a Free Consultation with Our Wage-and-hour Attorneys
Contact our wage and dispute employment attorneys today for a free no risk consultation. We offer an initial consultation to review the merits of your dispute with your employer, and determine what potential compensation you could receive from your employer. It is exceptionally difficult to be involved in a dispute with your employer, especially in these difficult times when many people rely paycheck-to-paycheck to survive. Our attorneys are here to help you throughout the entire process, and are available 24/7 to answer any concerns or questions you may have regarding your wage dispute claim with your Nevada employer. Contact us at Heidari Law Group today.
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