If you’re an employee in Nevada and your employer refuses to pay your full wages, you may have the right to file a lawsuit. Under both federal law and Nevada law, workers are protected from wage violations. How do unpaid wage lawsuits work in Nevada?
Well, whether those involve unpaid wages, overtime pay, or failure to meet minimum wage requirements. This article explains when and how Nevada employees can take legal action, and what they need to know about the wage and hour laws that govern their rights.
Understanding Wage and Hour Laws in Nevada
Nevada workers are protected by both federal minimum wage standards under the Fair Labor Standards Act (FLSA) and Nevada minimum wage laws. While federal law sets the floor, state laws can impose stricter requirements.
Currently, Nevada law requires employers to pay either a lower or higher minimum wage depending on whether they offer health benefits. If you’re dealing with a wage and hour dispute, know that the employee files their concern with the relevant departments.
Common Violations by Nevada Employers
Below are the most frequent ways employers violate wage and hour laws in Nevada. Each infraction could lead to a formal claim or lawsuit under state and federal labor protections.
1. Failing to Pay Overtime Hours at Time and a Half
Nevada employers are required by both Nevada law and the Fair Labor Standards Act to pay nonexempt employees at a rate of time and a half for all hours worked over 40 in a workweek.
Failure to comply with this standard results in wage violations, and workers can seek back pay, liquidated damages, and employment attorneys’ fees for unpaid overtime hours.
2. Misclassifying Non-Exempt Employees as Independent Contractors
Some Nevada employers mislabel employees as independent contractors to avoid complying with minimum wage, overtime pay, and tax responsibilities. This misclassification can deprive workers of essential protections under state labor laws.
If you believe you’re wrongly classified, you can submit a wage claim and potentially file suit to recover compensation and employee benefits.
3. Not Paying for Rest Breaks or Lunch Breaks
Nevada mandates that employees be provided paid rest breaks and unpaid lunch breaks during long shifts. Employers who don’t pay employees properly for these breaks commit wage and hour violations. Workers denied proper break pay can pursue claims through the Nevada Labor Commissioner (NLC) or in court to recover owed wages and penalties.
4. Refusing to Issue a Final Paycheck
When an employee is fired or quits, Nevada law requires the employer to issue the final paycheck within a defined period. Failure to do so violates wage and hour laws.
Employees can report the employer’s violation and seek back wages, liquidated damages, and even penalties depending on the delay and circumstances of nonpayment. This can help resolve your employer pay issues in other states like Las Vegas by a major fraction, too.
5. Ignoring Hours Worked by Tipped or Subminimum Wage Employees
Tipped employees and those earning a subminimum wage must still be paid enough to meet or exceed the Nevada minimum wage after tips. If an employer underpays, this violates both state and federal law. Employees can file claims to recover unpaid wages, back pay, and liquidated damages for improper wage calculations.
6. Failing to Include Paid Leave, Pay Stubs, or Other Benefits
Nevada employers must provide accurate pay stubs, honor earned paid leave, and ensure all other benefits are properly credited. If these are missing or miscalculated, employees may experience financial harm.
Filing a wage and hour claim with supporting documentation can help recover missing compensation and enforce compliance with wage and hour laws.
Can I Sue My Employer for Unpaid Wages?
Yes. Nevada employees can sue their employers through a civil lawsuit or by filing a wage and hour claim with the Nevada Labor Commissioner. You may be able to recover unpaid wages, attorneys’ fees, liquidated damages, and back pay depending on the circumstances.
Filing a Wage Claim
People often wonder, “Why do I need an employment lawyer?” but you would be surprised how challenging such cases can be.
If your employer fails to pay wages on your next scheduled payday, you can submit a wage claim form to the Labor Commissioner. Your claim must include supporting documentation, such as:
- Pay stubs
- Time records showing hours worked
- Employment contracts
- Evidence of unfair wages or employer underpayment
The Labor Commissioner will investigate and can enforce wage and hour laws on your behalf.
When to File a Civil Lawsuit
If your claim is complex or involves a significant amount of money, you can file suit in civil court. This route is especially useful if:
- You’re pursuing a class action lawsuit with other employees
- You’ve already filed with the wage and hour division and received no resolution
- Your employer has a history of wage violations
An experienced employment lawyer can help you navigate the wage and hour case, build evidence, and represent you in court.
What Nevada Law Requires from Employers
Under Nevada labor laws, employers must:
- Pay at least the Nevada minimum wage
- Provide timely paychecks, including final paycheck
- Pay overtime to nonexempt employees after 40 hours in a week
- Provide required rest breaks and unpaid lunch breaks for certain shifts
Failure to do so may result in legal penalties and liability for back wages, interest, and liquidated damages.
What Employees Can Recover
In successful wage and hour claims, the employee can recover economic damages for:
- Unpaid wages and back pay
- Missed overtime pay
- Lost benefits such as vacation or paid leave
- Attorney’s fees and court costs
Some claims may also include non-economic damages for stress or hardship caused by the employer’s violation.
Steps to Take if You’re Owed Wages
1. Gather Documentation
Before pursuing any legal action, collect your pay stubs, timesheets, and any written communication showing the employer underpays or withholds wages.
2. Talk to an Employment Law Attorney
A skilled employment lawyer can assess your case and advise whether to file a wage claim or a private lawsuit. Many offer a free consultation and work on contingency. Choosing someone experienced can save you from the trouble of learning how to choose a good employment lawyer.
3. File a Wage Claim Form
Submit a wage claim form with detailed supporting documentation to the Nevada Labor Commissioner.
4. File Suit if Necessary
If the claim is denied or unresolved, you can proceed with a civil lawsuit against the employer.
Common Myths and Misunderstandings
Myth 1: Independent Contractors Can’t File Wage Claims
Not all employees are legally contractors, even if labeled that way. Many “contractors” are actually nonexempt employees entitled to protection.
Myth 2: You Can’t Earn Overtime If You’re Salaried
Even salaried workers must earn overtime unless specifically exempt.
Myth 3: Waiting for Payday Is Always Required
If your next scheduled payday passes without full payment, you can take action immediately.
Bottom Line
Unpaid wage lawsuits in Nevada can seem complicated, but they’re not if you know how to handle them. We recommend following all the advice in this article before you file your case. We also suggest getting an experienced employment lawyer to get reliable guidance.
Call an Experienced Employment Attorney Today with BLG
If you believe your employer has withheld wages, failed to pay proper overtime, or violated hour laws, you have the right to legal action. Contact a trusted employment law attorney at Bouassa Law Group today to begin the process.
Don’t let wage theft go unchecked—assert your rights under Nevada and federal law today.
1-800-870-8910