Elevating Employment Equity with Expert Wage Dispute Litigation in Nevada
Like most states, Nevada labor laws mandate employers to adhere to the regulations outlined by the Federal Fair Labor Standards Act (FLSA). The FLSA requires organizations to pay employees their wages in full and on time. Moreover, they can’t unjustly withhold wages upon termination or resignation. However, it’s unfortunate that many employers in Nevada continue to exploit employees by violating wage & hour laws and other state labor codes.
The Bourassa Law Group believes every employee deserves fair and full compensation for their work with adherence to legal working hours. We help employees protect and exert their employment rights with proper legal guidance, representation, and litigation. So, whether you’re underpaid or have been illegally denied earned overtime, we can help.
Contact our team immediately for a free consultation at 800-870-8910 and hire an experienced wage and hour lawyer Las Vegas to handle your case. We have the expertise and resources to prove your employer’s negligence. So, let our wage & hour violation attorneys help you secure maximum compensation for economic and non-economic damages.
Wage Laws in Nevada
Below are some of the most common wage-related laws in Nevada. Please note that these laws are subject to changes and regular updates. So, consult with the Nevada Labor Commissioner’s Office or an employment attorney for the latest and accurate information:
1. Minimum Wage Las Vegas, Carson City & Other Nevada Cities 2023
Both state and federal governments update minimum wages in different jurisdictions yearly. They also govern minimum wage laws based on inflation, living costs, FLSA policies, etc. From July 1, 2023, to June 30, 2024, the minimum wage in Nevada is $10.25 ($11.25 without health benefits). Effective July 1, 2024, the minimum will be increasing to $12.00 per hour regardless of health benefits.
2. Annual Adjustments
Nevada’s minimum wages are subject to annual adjustments based on Consumer Price Index (CPI) changes due to inflation, living costs, and other factors. Employers must update their minimum wages accordingly to avoid violations, penalties, and lawsuits.
Nevada employers must maintain accurate records of employees’ wages, hours worked, and contact and employment information. Record-keeping is key to ensuring compliance with the state’s minimum wage laws.
Overtime Laws in Nevada
The Nevada Administrative Code (NAC) and the Nevada Revised Statutes (NRS) have outlined certain laws related to overtime at work, including:
1. Overtime Eligibility
The FLSA states that hourly and salaried workers in Nevada are eligible for overtime pay when their work exceeds 40 hours a week. However, employees in some positions, including executive, administrative, and high positions are exempt from this rule.
2. Overtime Rate
Employees working overtime are entitled to additional pay for their extra hours. However, Nevada’s labor laws mandate employers to pay them a higher rate for overtime, usually 1.5 times their regular hourly wage.
3. Alternative Workweek Schedule
Nevada employers can offer flexible alternative workweek schedules to employees to avoid overtime. However, they must get their prior consent or agreement and ensure their weekly shifts don’t exceed 40 hours. Otherwise, they will have to pay for extra work hours.
4. Weekly Overtime
Unlike many states, Nevada labor laws don’t mandate employers to pay overtime daily. Instead, overtime is paid solely on an employee’s additional hours in a 40-hour standard workweek. For example, employees who work 43 hours a week will be entitled to 3 hours extra pay.
5. Retaliation Protection
Nevada’s labor laws allow employees with unpaid or excessive overtime to file complaints to their employers and governing bodies. To ensure their rights are protected and asserted, the state bars employers from terminating, demoting, or retaliating against employees in any way following complaints.
Nevada Labor Laws on Wage & Hour Violations
The Nevada Labor Commissioner’s Office enforces wage and hour laws in organizations operating in different cities, including Las Vegas, Henderson, and Carson City. The body also investigates violations and penalizes non-compliant employers with heavy fines and penalties.
As an employee, you must understand Nevada’s labor laws on wage and hour violations to ensure they know their employment rights. You can also hire a Nevada wage and hour lawyer for different types of lawsuits, including:
● Unpaid Overtime Lawsuits
Unpaid overtime lawsuits are the most common wage and hour lawsuits in Nevada. Employees can pursue legal action against employers who fail to pay them for additional hours at work.
● Minimum Wage Violation Lawsuits
Employees can sue employers who pay less than the minimum wage set by federal, state, and local laws for the type of work performed.
● Meal and Break Violations
Employees can pursue legal action against employers who fail to provide meal and rest breaks. Workers can also sue employers for taking away or not allowing mandatory breaks during shifts.
● Off-the-Clock Work Lawsuits
In recent years, there’s been a sharp rise in lawsuits against employers forcing employees to work off the clock without compensation, especially during the Covid-19 era.
● Delayed Payment Lawsuits
Wage-related lawsuits can arise if employers fail to pay employees their wages, bonuses, and commissions on time. These claims can also arise if employers do not timely pay employees after they are terminated or resign.
● Misclassification Lawsuits
Many lawsuits related to overtime disputes are based on misclassification. For instance, many employers hire workers as independent contractors specifically to have them work overtime without pay instead of making them full-time employees entitled to overtime pay.
● Tip Distribution Lawsuits
Tipped employees can sue employers for disputes related to tip collection and distribution. Employers cannot use tips as a credit toward the payment of minimum wage or take all tips bestowed upon a person.
● Retaliation Lawsuits
Employers can retaliate against employees who file wage and hour complaints by firing them. Hence, employees can file wrongful termination lawsuits and seek compensation for wage and hour violations.
Recoverable Damages in Nevada Wage & Hour Violation Claims
Filing and winning a wage and hour lawsuit in Nevada can potentially recover the following economic and non-economic damages, depending on factors, including the violation type and duration, unpaid wages, total overtime, liquidated damages, evidence, and settlement negotiations:
- Unpaid or owed wages
- Lost wages due to retaliation
- Delayed payment penalties
- Out-of-pocket expenses due to overtime or partial pay – late rent, transportation, etc.
- Lost income due to wrongful termination, etc.
- Emotional distress
- Pain and suffering
- Punitive damages for willful wage and hour violations
- Reputation losses
- Job restoration, etc.
Contact BLG to determine what’s your unpaid wage claim worth in Nevada by calling 800-870-8910 right away!
Filing a Wage & Hour Lawsuit in Nevada with an Employment Lawyer
Are you seeking legal action against your employer for delayed payments, unpaid overtime, and other wage and hour violations? Here’s how to file a wage and hour lawsuit in Nevada:
1. Understand Your Employment Rights
Before taking legal action against your employer, you must familiarize yourself with federal, state, and local wage and hour laws applying to your work and situation. Determine the type of violation that has occurred, whether it’s unpaid overtime, delayed wage payments, or retaliation against complaints.
2. Gather Documentation for Evidence
Next, you must gather relevant documentation to use as evidence when filing your claim in a Nevada court. This includes pay stubs, emails, time records, work schedules, employee manuals and handbooks, etc. You can also use your employment contract outlining your wages and working hours as evidence.
3. Hire a Wage and Hour Lawyer Las Vegas
Whether you’re pursuing legal action for wrongful termination or owed wages Las Vegas, you must consult with and hire an employment attorney specializing in wage and hour cases and is well-versed in Nevada’s labor laws.
4. Notify Your Employer
Although you’re not legally required to, you should inform your employer or HR department before filing a wage and hour lawsuit. Your proactive notice might prompt your employer to resolve the issue through a process audit, immediate compensation, or negotiation. If they refuse to solve the dispute, you can proceed as planned.
5. File Official Complaints
Before filing a lawsuit, you may want to consider filing a complaint with relevant Nevada labor agencies or bodies, such as the US Department of Labor’s Wage and Hour Division, Nevada Equal Rights Commission (NERC), and local unions, depending on the nature of your dispute. They can intervene and resolve the issue internally. An experienced attorney can help you determine if this step is right for your particular claim.
6. File Your Wage and Hour Lawsuit
If your employer fails to compensate you for overtime or unpaid wages, you can prompt your attorney to file a wage and hour lawsuit to get the relief you seek. Your lawyer will prepare the necessary paperwork and share evidence with the defendant’s team.
7. Litigation & Settlement Negotiations
A typical litigation process mainly involves discovery and depositions. Both attorneys will share evidence and get sworn testimonies from witnesses. Depending on the circumstance, your employer may be open to a settlement. Your attorney will represent your interests and compensation demands. The defendant’s team may also provide an offer you can accept or reject.
8. Trial & Resolution
If you don’t accept the settlement offer, your wage and hour lawsuit will head to trial, where both attorneys will present their arguments, witnesses, and evidence in a Nevada court. The judge or jury will then give the final verdict for or against you.
Why Choose The Bourassa Law Group’s Nevada Wage & Hour Employment Lawyers?
When filing a wage and hour claim in Las Vegas or any other city in Nevada, choosing the right legal representation can make or break your case. At The Bourassa Law Group, we safeguard your employment rights and ensure fair and ethical treatment in Nevada organizations.
Here’s why you should choose our wage & hour attorneys for your case:
✔ Unparalleled Expertise
Our team comprises highly skilled and experienced wage and hour lawyers Las Vegas. Hence, you can rest assured your employment attorney will be well-versed in Nevada labor laws and the intricacies specific to wage and hour violations in different cities and business types.
Our attorneys employ an open line of communication throughout your case’s progression. Hence, you’ll be informed about key developments, processes, and decisions at every step.
✔ A Proven Legacy of Success
Over the last few decades, we have litigated hundreds of wage and hour lawsuits in Nevada, from claims involving delayed payments to unpaid overtime. With our proven legacy of success, you can ensure your case is in good hands.
✔ Free Initial Consultation & Case Evaluation
We offer a free initial consultation to assess your case and answer any questions you may have on wage and hour laws or violations. Our expert insights can help you make a more informed legal representation decision.
✔ Personalized Guidance & Solutions
Our attorneys put your interests first and provide a client-centric experience. We understand how overwhelming and challenging these legal issues can become. Therefore, we keep it simple by offering tailored guidance and solutions. We also take our time to learn about your situation to craft better litigation strategies.
✔ Contingency-Based Service Fee
We understand many clients, especially underpaid or unpaid employees, usually opt out from pursuing legal action and holding their employers accountable. Therefore, we operate on a contingency basis, meaning you don’t have to pay an hourly rate for our services. In other words, we get paid if you win your case.
Frequently Asked Questions
1. What is the difference between exempt and nonexempt employees in Nevada?
Exempt employees don’t have the same wage and hour protections as their counterparts. In other words, they’re entitled to overtime pay for additional work hours beyond the standard 40-hour week. However, employers must proactively classify employees to avoid violations.
2. Can I file a wage and hour complaint anonymously in Nevada?
Yes, you can file an anonymous wage and hour complaint to labor agencies and bodies in Nevada. However, it’s highly recommended that you provide your employment information and contact details so they can address your issues.
3. Are there different overtime rules for different industries in Nevada?
In general, the same overtime rules apply across most industries in Nevada. However, certain professionals may be exempted from these rules, including executives or managers, outside sales representatives, doctors, farmers, transportation industry workers, seasonal employees, and emergency responders, to name a few.
4. What steps can I take to prevent wage and hour violations in my workplace?
As an employee, the simplest step you can take is to prompt your employer to implement proper record-keeping practices and provide clear policies. In many cases, filing a lawsuit may be the only way to prevent future violations.
5. How can I determine if I have a valid wage and hour claim against my employer?
The best way to determine if you have a valid wage and hour claim against your employer is to get legal advice from a Nevada employment attorney. They can access your case details and determine whether you have a legitimate claim.
6. Are there specific rules for paying on-call employees or waiting to work in Nevada?
Yes, employees waiting on-call or for assignments are entitled to compensation for overtime. However, you must proactively learn about your organization’s policies and speak to your employer to avoid confusion when waiting to work.
7. How long do I have to file a wage and hour lawsuit in Nevada?
Nevada’s statute of limitations allows you to file wage and hour lawsuits within two years of the alleged violation. However, you should file the lawsuit by consulting a wage and hour violations attorney as soon as possible.
8. Can my employer retaliate against me for filing a wage and hour complaint?
While employers are prohibited from retaliating against employees filing wage and hour complaints, some violate the state’s labor laws through termination, demotion, or other means. Hence, you must protect and assert your rights by taking legal action if required.
9. Are independent contractors entitled to the same wage and hour protections as employees in Nevada?
No, independent contractors are exempt from overtime pay. Hence, they’re not entitled to the same wage and hour protection as full-time employees.
Contact Us for a Free Nevada Wage & Hour Violations Case Evaluation Today!
Filing a wage and hour lawsuit in Nevada requires careful consideration, due diligence, and proactive preparation. It also demands professional intervention from an experienced wage-and-hour lawyer with the expertise and resources to help you navigate the legal process.
The Bourassa Law Group is at your service to help you get maximum compensation for economic and non-economic damages due to wage and hour violations. So, contact us for a free case evaluation and expert guidance to ensure a smooth and effective litigation process.