NEVADA EMPLOYMENT LAW
In Nevada, employment Law (referred to also as Labor Law) encompasses the wide variety of matters (such as sexual harassment, wages and hours, wrongful termination, discrimination at the workplace, hiring and termination practices and disability law) involved in the employer-employee relationship. The Nevada Office of the Labor Commissioner handles employment law complaints and/or cases. It is crucial that complicated employment law matters (i.e., discrimination, wrongful termination, sexual harassment, etc.), are dealt with by an experienced Nevada employment attorney.
Why Hire A Nevada Employment Attorney?
Wrongful termination and employment laws in Nevada are based on the interplay between federal and state laws. A Nevada employment lawyer can explain the interaction to you and can also help you file a claim for wages or a discrimination claim against your employer, construct an effective wrongful termination claim, or assist you in deciding whether or not filing a claim is in your best interest.
In particular, wrongful termination claims can be difficult for an employee to file against his former employer. This is because it can be stressful for the employee to have to deal with his old employer and communicate with him. A Nevada wrongful termination attorney can communicate with your employer and provide useful guidance in filing your claim.
In addition, if you want to file a claim with the Nevada Office of the Labor Commissioner, a Nevada employment lawyer can advise you on how to file such a claim, or can generally explain the rights and benefits to which you are entitled under Nevada employment law.
Wrongful Termination in Nevada
Nevada employment is "at will." Employment at will means that an employer can fire a worker at any time and for any reason so long as the reason is not against the law. Similarly, an employee can quit his job whenever he pleases. If an employee has an employment contract, he can only be fired for reasons specified in the contract.
In Nevada, a claim for wrongful termination may be filed if an employer's termination of an employee is discriminatory or illegal. Illegal reasons to fire a worker in Nevada include:
Talk to a Nevada wrongful termination lawyer if you think you have a claim for wrongful termination.
As previously mentioned, wrongful termination according to both federal and state laws occurs when an employer fires an employee for a discriminatory reason. Discriminatory reasons include firing someone who otherwise has the requisite experience for a job because of his disability, age, race, national origin, sex, and/or religion. Please note that if pregnancy is seen by your employer as a disability, you cannot be fired because you are pregnant. If you feel like you have been fired based on a discriminatory reason, you should get in touch with a Nevada wrongful termination attorney who can help you file such a claim.
Employee Wage/Hour Concerns in Nevada
Nevada workers must be paid at least minimum wage. Minimum wage in Nevada is currently $7.25 an hour. In Nevada, employees must be paid semi-monthly, unless they are executive, professional, or administrative personnel, in which case they need only be paid once a month.
If you have not received your wage payments, you may file a complaint with the Nevada Office of the Labor Commissioner. A Nevada employment lawyer can help you file a "Wage Claim Form."
Working over 40 hours a week in Nevada is considered working overtime. Workers who work overtime must receive time-and-a-half pay for all overtime hours worked. Time-and-a-half pay is mandated by the federal Fair Labor Standards Act which is enforced by the United States Department of Labor, Wage and Hour Division. Complaints for unpaid overtime wages should be filed with the Nevada Office of the Labor Commissioner using the form mentioned above.
Discuss your potential claim for unpaid wages or overtime with a Nevada employment attorney if you have questions or concerns or are unsure how to go about filing a claim.
Nevada Employment Benefits
Sick leave, healthcare, vacation days and life insurance are benefits that may be provided by Nevada employers. However, employers are not required by Nevada or federal law to provide these benefits. Nevada employers are required to give workers a paid 10 minute rest break for every 4 hours of work and a 30 minute meal break if the employee works 8 hours or more.
Nevada disability law does not provide any short-term disability benefits for workers who are injured or become ill unless the injury or illness is work-related. Paid maternity leave is also not required by Nevada law, but employees are entitled to 12 weeks of unpaid maternity leave under the federal Family and Medical Leave Act. But, Nevada disability law does state that if the worker's injury or disease is work-related, the employee may be compensated in a variable amount depending on the classification of the injury or disease.
Speak with a Nevada workers' compensation attorney about your potential benefits if you have been injured at work or have an occupational illness.
Nevada Employment and Labor Law Statutes
Nevada Revised Statutes - Labor and Industrial Relations
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