Being paid for the work an individual does is a basic part of their role as an employee. When an issue arises with a paycheck, it is important for an individual to understand the paycheck laws of Nevada.
Employers have responsibilities they must meet under the paycheck laws towards employees with regard to their paychecks. If the employee works overtime, there are laws that apply to those hours worked also.
The Fair Labor Standards Act (FLSA) provides the guidelines for overtime pay requirements. In general, when an employer allows or requires employees to work overtime, they are obligated to pay that employee for the overtime they worked.
An employee that falls under the FLSA is required to receive overtime pay for hours that are worked in excess of 40 hours. The FLSA does not require an employer to pay for overtime hours that are worked on weekends or holidays.
There are no set limits provided in the FLSA regarding the number of hours in a workweek. Different workweeks, however, may be formed for different employees or groups of employees.
When Must Paychecks be Sent Out?
In Nevada, employers should pay the majority of their employees on a semi-monthly basis. This, however, may change if there is a written agreement that provides for a different pay schedule.
The paycheck requirements apply to both hourly and salaried employees. Companies do, however, have the freedom to choose to pay their employees more often than semi-monthly or monthly.
One exception to this rule exists when a certain category of employee may be paid monthly, including:
- Outside salespeople;
- Administrative employees;
- Executive employees;
- Supervisors; or
- Professional employees.
This exception only applies if the employer’s headquarters and payroll department are located outside of the State of Nevada.
What Happens if My Paycheck is Late?
In Nevada, if an employer fails to pay an employee on time, that employee may collect a penalty of one day’s wages for each day the paycheck is late, up to 30 days. If the employee quits, the penalty will begin on the day the paycheck was due.
If the employee was fired or laid off, the penalty will begin 3 days after their paycheck was due. Late paychecks are a common source of dispute among employees.
What Happens if I am Fired?
If an individual has been fired, they should be provided their final paycheck immediately. For an employee who quits their job, they should receive their last paycheck by the next payday or within 7 days, whichever of those comes first.
Nevada does not require an employer to pay their employees any of their saved-up sick days or vacation days. If, however, paying out these benefits is a part of the company policy, the employer will be required to follow that policy.
Can My Paycheck be Garnished?
An individual’s income may be garnished, even without a court judgment, to pay for:
For any other type of personal financial obligation, such as an unpaid bill, a creditor is required to sue the debtor in court before they can take any of the individual’s wages. If the creditor does prevail in the lawsuit, the creditor is permitted to garnish the individual’s wages until their debt is paid off.
An employer is not permitted to deduct money from an employee’s paycheck unless it is for the employee’s benefit, for example, deductions for insurance premiums or payments into a retirement fund. Even if the deduction is for the employee’s benefit, their employer will still need the employee’s written consent before that money is taken from the employee’s paycheck.
Child support arrears are unpaid child support amounts that are owed to the custodial parent. This issue frequently arises when the non-custodial parent has moved away and child support payment enforcement becomes an interstate issue.
Interstate child support refers to a situation in which one of the parents needs to pay child support for a child who is not in the same state as they are. This type of child support issue may be complex due to the fact that multiple orders may exist from multiple states that are enforceable at the same time.
The two categories of child support arrears are assigned and unassigned. Assigned child support arrears are unpaid child support payments that are given to the state.
In these situations, the custodial parent is on public assistance and the missing child support payments serve to reimburse the state for financially supporting the child. An example of this would be if the non custodial parent owes several thousands of dollars in unpaid, or back, child support.
Can I Recover a Withheld Paycheck?
A withheld paycheck may be a very serious issue. An individual’s employer may be in a lot of trouble if they choose not to pay the employee on time.
If an individual’s employer is not providing them with a paycheck that they are owed, they can file a complaint with the Nevada Office of the Labor Commissioner or a lawsuit with the court. The federal labor laws are enforced by The Wage and Hour Division of the U.S. Department of Labor, including those laws governing the minimum wage and overtime.
Both state and federal payroll deduction laws prohibit employers from making wage deductions which are illegal. If an employer makes an illegal deduction from an employee’s wages, that employee may file a labor complaint.
This complaint may be filed with the local office of the Nevada Department of Labor or with The Wage and Hour Division of The United States Department of Labor. If a complaint is resolved in the employee’s favor, that employee may be able to recover the amount of money that was deducted illegally.
The Department of Labor maintains an online list of Wage and Hour Division local offices. It is important to note that a county may have its own local office.
In addition, major metropolitan areas may also have their own local offices. If an illegal deduction has been made under both federal and state law, both the United States Department of Labor and the state Department of Labor should be contacted.
Is There Anything Else I Need to Know?
An individual’s employer is not permitted to make them pay for their uniform or having it cleaned if it requires special cleaning. Unlike a uniform, there is no law that prohibits an employer from requiring an employee to pay for a medical test before being hired, so an employer may expect the employee to cover this cost.
In addition, an employer can provide an employee meals as part of their compensation instead of wages if the employee agrees in their contract. However, the amount cannot exceed more than $1.50 per day for non-agricultural employees.
Where Can I Find the Right Lawyer for My Paycheck Issue in Nevada?
If your employer is violating Nevada’s wage and hour laws or federal laws and you are not being provided your wages, it may be helpful to consult with a Nevada employment lawyer who can help you obtain your paycheck. Your attorney can advise you regarding the laws that apply to your profession as well as the requirements for your paycheck.
Your lawyer can assist you with filing a claim, if necessary, and represent you before any governmental agencies and in court. Having a lawyer handle your paycheck claim will provide you with the best chance at success possible.
LegalMatch is an excellent resource to find a lawyer who can help you with your Nevada paycheck issue. You can submit your issue online in minutes at no charge and receive responses from attorneys who are ready to help within 24 hours.
