Nevada has many employment wage laws regarding minimum pay, overtime compensation, tips, and what remedies are available to combat employers who do not follow the employment rules.
The minimum wage laws in Nevada were revised on July 11, 2011. There are two separate compensation amounts depending on whether an employee is offered health benefits that qualify under the rule. If so, the minimum wage is $7.25 per hour. For employees that are not offered health benefits that qualify, the hourly rate is $8.25.
Employers are required under federal law to pay these minimum amounts to their employees. They are also required to pay unemployment insurance, payroll tax, and any additional costs associated with the job, including uniforms required for the position.
Tips are not allowed to be included or applied toward the minimum hourly rates paid to employees per Nevada employment laws.
According to Nevada employment laws, employers are required to pay employees any income earned no later than 15 days following the scheduled pay period and a minimum of twice per month. If an employer refuses to compensate an employee or if the compensation is less than what it should have been, the employee should immediately contact the Office of the Labor Commissioner and file an official wage claim.
The Nevada Labor Commission has two offices available to file claims. The Las Vegas office is located at 555 E. Washington Ave., Ste. 4100. They can be reached by telephone at (702) 486-2650. The second office is located at 675 Fairview Dr., Ste. 226 in Carson City. They can be contacted via telephone at (775) 687-4850.
In most instances an employer is allowed to decrease an employee's rate of pay. They are required to give the employee written notice of the decrease and it must be given to the employee a minimum of seven days prior to the next pay period. The employment laws regarding minimum wage still apply and the employer cannot decrease the employee's rate of pay any lower than allowed by minimum wage laws.
There are two exceptions to this employment law. The first exception is if an employee has signed a contract or agreement with their employer, including collective bargaining agreements with unions. The second exception is if the employee's earnings fall under the prevailing wage section of federal employment laws. Employers are prohibited from decreasing an employee's pay if they qualify under these exceptions.
An employee has the right to refuse the decrease in pay and quit as a result. If the decrease was 25 percent or more of the original compensation amount, the employee can file for unemployment benefits even though they quit their job and cite "good cause."
Employees not covered under the Fair Labor Standards Act exceptions are entitled to receive overtime compensation at a rate of 150 percent of their normal pay if they work more than eight hours in any 24 hour period or if they exceed 40 hours in a standard work week. The exception to the eight hour rule is if the employer and employee mutually agree to a work week comprised of four standard work days of 10 hours each day.
Employees that earn more than $10.875 with health benefits or more than $12.375 with no health benefits are exempt from this employment law regarding overtime compensation. There are several other employees and situations that are exempt from overtime rules under Nevada Revised Statute 608.018.