What to Know About Filing a Wage Theft Claim in Nevada

Introduction

Wage theft is a serious issue that affects employees across various industries in Nevada. If you believe you’re not being paid the wages you’ve rightfully earned, understanding your rights under Nevada law is essential. Filing a wage theft claim can help you recover unpaid wages, overtime pay, and other benefits that your employer may owe you. This process can be complex, but with the right information and guidance, you can take the necessary steps to protect your rights.

Whether you work in a retail or service business, as an independent contractor, or in any other capacity, you have the right to fair pay. Nevada’s wage and hour laws offer protections to ensure employees receive the pay they are owed. This guide will provide insights into how to file a wage theft claim, the role of the labor commissioner, and what employees covered under wage and hour laws need to know to pursue their claims successfully.

What is Wage Theft?

Wage theft occurs when an employer fails to pay employees the wages they are entitled to under Nevada law or federal law. This can happen in a variety of ways, including:

• Failure to Pay Minimum Wage: Employers are required to pay workers at least the minimum wage. Nevada law sets its own minimum wage, which may be higher than the federal minimum wage.
• Unpaid Wages: This includes instances where an employer withholds wages earned for hours worked.
• Failure to Pay Overtime Pay: If you work more than eight hours in a day or more than 40 hours in a week, you may be entitled to overtime pay at a rate of one and a half times your hourly rate.
• Denial of Rest Breaks and Meal Breaks: Employers are required to provide meal breaks and rest breaks for employees, and failure to do so could be considered wage theft.

If you believe you are a victim of wage theft, you have the right to file a wage claim with the office of the labor commissioner.

Employees Covered by Nevada’s Wage and Hour Laws

Nevada wage and hour laws cover a wide range of employees, but there are some exceptions. For example, tipped employees may be subject to different rules. Additionally, independent contractors are generally not covered under the same wage and hour protections as employees.

Certain employees working in professional capacities or under a collective bargaining agreement may have specific pay arrangements that differ from the general wage and hour rules. Agricultural employees, drivers’ helpers, and employees working for motor carriers subject to the Motor Carrier Act may also have different wage protections.

How to File a Wage Theft Claim in Nevada

If you have experienced wage theft, filing a wage claim with the office of the labor commissioner is the first step to recovering your wages. Here’s how to do it:

1. Complete a Wage Claim Form: You’ll need to fill out the wage claim form, which requires details about your employer, the nature of your claim, and evidence to support it.
2. Gather Evidence: To strengthen your wage and hour claim, you’ll need to provide supporting evidence, such as pay stubs, work schedules, and proof of hours worked.
3. Submit Your Claim: File the wage claim form with the labor commissioner’s office. Ensure you provide accurate contact details for both yourself and your employer.
4. Follow the Process: The office of the labor commissioner will review your complaint and may contact your employer for clarification or resolution.

Acting quickly is crucial since wage and hour claims have a time limit. Missing the filing deadline could mean forfeiting your right to recover unpaid wages.

Role of the Labor Commissioner in Wage Claims

The labor commissioner’s office is responsible for investigating wage and hour claims and ensuring that employers comply with Nevada law. They can issue orders requiring employers to pay unpaid wages, overtime pay, and attorneys fees incurred during the claim process.

If the labor commissioner finds that the employer violated wage and hour laws, the employer may be ordered to pay wages owed, penalties, and fees. Employers are legally required to comply with these orders or face further legal action.

Common Wage and Hour Issues in Nevada

Employees in Nevada frequently face wage and hour issues that lead to wage theft claims. Here are some of the most common problems:

• Unpaid Overtime: If an employee works overtime hours beyond the normal work period, they are entitled to overtime pay.
• Denied Meal Breaks and Rest Breaks: Employers are required to provide employees with meal breaks and rest breaks, especially if employees work more than four hours at a time.
• Unpaid Wages After Termination: If an employer fails to pay wages earned after an employee is terminated, the employee may file a complaint with the labor commissioner.
• Misclassification as an Independent Contractor: Some employers misclassify employees as independent contractors to avoid paying overtime or offering benefits like health benefits.

How Employers Try to Avoid Wage Claims

Unfortunately, some employers attempt to avoid wage claims by misclassifying employees, failing to provide pay stubs, or claiming that employees agreed to work for less pay. However, Nevada law requires employers to maintain accurate records of hours worked, wages paid, and other important information.

Employers who hire employees in Nevada are subject to state and federal wage laws, and failing to comply can lead to penalties. The labor commissioner can enforce these laws to protect employees’ rights.

Legal Options for Recovering Unpaid Wages

If your employer fails to pay you properly, you have the right to pursue legal action. Here’s how you can recover your wages:

1. File a Wage Claim: The most common method is filing a wage claim with the office of the labor commissioner.
2. Seek Attorneys Fees: If you win your claim, the employer may be required to pay your attorneys fees.
3. Take Legal Action: If the labor commissioner does not resolve the matter, you may be able to sue your employer in court.

How a Wage and Hour Attorney Can Help

A wage and hour attorney can be an essential ally in your fight for fair pay. They can guide you through the claims process, gather evidence, and ensure your rights are protected. An attorney can also seek reimbursement for your attorneys fees if your claim is successful.

If you work in a retail or service business or any other industry and suspect you’re being underpaid, an attorney can help you understand your rights under Nevada law and federal law. They can file a wage claim on your behalf, assist you in submitting a wage claim form, and ensure you receive the wages earned.

Call for Help with Wage Theft Claims

If you believe your employer has failed to pay you properly, you don’t have to face it alone. File a complaint with the office of the labor commissioner or contact an attorney to help you recover unpaid wages, overtime pay, and any other benefits you may be entitled to. With proper guidance and support, you can fight for the pay you have rightfully earned.

Frequently Asked Questions (FAQ)

1. How do I file a wage theft claim in Nevada?
To file a wage theft claim, complete a wage claim form and submit it to the office of the labor commissioner. Provide evidence of unpaid wages, hours worked, and other relevant details.

2. What is the minimum wage in Nevada?
Nevada has a higher minimum wage than the federal minimum wage. The exact amount depends on the presence of health benefits and other factors.

3. Can independent contractors file wage claims?
Generally, independent contractors are not eligible for wage claims. However, some workers are misclassified as independent contractors when they should be employees.

4. How long do I have to file a wage claim in Nevada?
There is a time limit for filing a wage claim, so it’s important to file as soon as possible after discovering the wage theft.

5. What happens if my employer refuses to pay me after I file a claim?
If your employer refuses to pay, the labor commissioner may issue an order requiring payment. If your employer still fails to comply, legal action may be taken.