are wage assignments legal in nevada

[Rev. 5/2/2022 8:09:00 AM--2021]

CHAPTER 608 - COMPENSATION, WAGES AND HOURS

GENERAL PROVISIONS

NRS 608.005 Legislative declaration.

NRS 608.007 Definitions.

NRS 608.009 “Domestic service employee” defined.

NRS 608.010 “Employee” defined.

NRS 608.011 “Employer” defined.

NRS 608.0113 “Private employment” defined.

NRS 608.0116 “Professional” defined.

NRS 608.012 “Wages” defined.

NRS 608.0123 “Week of work” defined.

NRS 608.0126 “Workday” defined.

NRS 608.013 Employer to post abstract of chapter.

NRS 608.015 Unlawful to induce employee to refrain from testifying.

NRS 608.0155 Persons presumed to be independent contractor.

PAYMENT AND COLLECTION OF WAGES AND OTHER BENEFITS

NRS 608.016 Payment for each hour of work; trial or break-in period not excepted.

NRS 608.0165 Basis for payment of employee who manufactures or uses explosives; penalty.

NRS 608.017 Discrimination on basis of sex prohibited; exceptions.

NRS 608.018 Compensation for overtime: Requirement; exceptions.

NRS 608.019 Periods for meals and rest.

NRS 608.0193 Employer required to provide break time to express breast milk; compensation pursuant to collective bargaining agreement; reasonable alternative to alleviate undue hardship; retaliation prohibited; exceptions.

NRS 608.0195 Periods for sleep.

NRS 608.0197 Employer required to provide paid leave; use of paid leave; Labor Commissioner to prepare and post bulletin; maintenance and inspection of records; other rights, remedies, procedures and benefits; exceptions.

NRS 608.01972 Employer required to provide paid leave for purpose of receiving vaccination for COVID-19; employee required to give notice; prohibited acts; calculation of overtime; applicability; Labor Commissioner to prepare bulletin; maintenance of records; other rights, remedies, procedures and benefits; exceptions. [Effective through December 31, 2023.]

NRS 608.01975 Employer required to allow employee use of sick leave to assist member of immediate family with medical need; Labor Commissioner to prepare bulletin to be posted in workplaces; construction of section; prohibitions; applicability.

NRS 608.0198 Employee entitled to leave related to domestic violence; uses of leave; prohibited acts; required documentation; Labor Commissioner to prepare bulletin; posting; maintenance of records; other rights, remedies and agreements unimpaired.

NRS 608.020 Discharge of employee: Immediate payment.

NRS 608.030 Payment of employee who resigns or quits employment.

NRS 608.040 Penalty for failure to pay discharged or quitting employee.

NRS 608.050 Wages to be paid at termination of service: Penalty; employee’s lien.

NRS 608.060 Semimonthly payments; exceptions.

NRS 608.070 Agreements between employers and employees for other than semimonthly payments.

NRS 608.080 Paydays and time and place of payment: Posting notice of regular day, time and place; notice of change required; payment on irregular day.

NRS 608.090 Adjustment of wages for additional payments; notice by employer; payment.

NRS 608.100 Unlawful decrease in compensation by employer; unlawful requirement to rebate compensation; prerequisites to lawfully decreasing compensation.

NRS 608.110 Withholding of portion of wages.

NRS 608.115 Records of wages.

NRS 608.120 Manner of payment of wages.

NRS 608.130 Payment of wages by negotiable instrument; rights of holder in due course in event of nonpayment; penalty.

NRS 608.135 Civil action against employer for failure to pay wages; Labor Commissioner prohibited from taking jurisdiction of claim for wages during pendency of civil action.

NRS 608.140 Assessment of attorney’s fees in action for recovery of wages.

NRS 608.150 Original contractor liable for indebtedness for labor incurred by subcontractor or contractor acting under, by or for original contractor; exceptions; civil action to recover.

NRS 608.152 Claim to indebtedness for labor incurred by subcontractor or contractor: Written notice of claim; written request for notice of claim; substantially similar claims prohibited.

NRS 608.154 Lodging as part of wages or compensation; exception.

NRS 608.155 Meals as part of wages or compensation; exception.

NRS 608.1555 Benefits for health care: Provision in same manner as policy of insurance.

NRS 608.156 Benefits for health care: Expenses for treatment of alcohol and substance use disorders.

NRS 608.157 Benefits for health care: Coverage for mastectomy and reconstructive surgery.

NRS 608.1575 Benefits for health care: Services provided by certain nurses.

NRS 608.1576 Benefits for health care: Prompt enrollment and restrictions on termination of enrollment of child; withholding of employee’s wages; remedies are cumulative.

NRS 608.1577 Notices to employees: Acceptance of, change in or termination of benefits; change of insurer; nonpayment of premium.

NRS 608.158 Notice of failure to pay premiums for employee’s insurance; employer’s liability for deductions for premiums and failure to pay premiums without giving required notice; distribution of money recovered by Labor Commissioner for claims brought against employer.

NRS 608.1585 Notice to employee upon termination of employment of right to be issued insurance to replace group policy.

NRS 608.160 Taking or making deduction on account of tips or gratuities unlawful; employees may divide tips or gratuities among themselves.

NRS 608.165 Special uniforms, accessories and cleaning to be furnished without cost to employee.

NRS 608.170 Assignment of wages void against judgment creditors; prima facie evidence of fraud.

NRS 608.180 Enforcement of NRS 608.005 to 608.195 , inclusive, and 608.215 ; prosecution.

NRS 608.190 Willful failure or refusal to pay wages due prohibited.

NRS 608.195 Criminal and administrative penalties.

WORKING HOURS IN PARTICULAR EMPLOYMENTS

NRS 608.200 Underground mines and workings; criminal and administrative penalties.

NRS 608.215 Domestic service employees; agreements to exclude certain periods from wages; calls to duty; maintenance of records.

MINIMUM WAGE

NRS 608.250 Requirement of employer to pay; incremental annual increase; penalty.

NRS 608.255 Relationships which do not constitute employment relationships for purposes of minimum wage.

NRS 608.258 Provision of health benefits by employer for purposes of determining amount of minimum wage.

NRS 608.260 Action by employee against employer; limitation of action; remedies and award to prevailing employee.

NRS 608.270 Duties of Labor Commissioner and district attorneys; regulations.

NRS 608.280 Proceedings against district attorney to be instituted by Attorney General.

NRS 608.290 Criminal and administrative penalties.

ENTERTAINMENT PRODUCTIONS

NRS 608.300 Definitions.

NRS 608.310 Producer-promoter-employer required to obtain permit; application; fee; exceptions.

NRS 608.320 Producer-promoter-employer required to post bond to secure payment of wages in certain circumstances; amount of bond; conditions of bond.

NRS 608.330 Criminal and administrative penalties.

MISCLASSIFICATION AS INDEPENDENT CONTRACTOR

NRS 608.400 Misclassification prohibited; administrative penalties; notice and opportunity for hearing.

NRS 608.410 Liability of employer for misclassification; complaint; conduct of hearing; judicial review.

HOME CARE PROGRAMS

NRS 608.500 Definitions.

NRS 608.510 “Agency to provide personal care services in the home” defined.

NRS 608.520 “Director” defined.

NRS 608.530 “Home care employee” defined.

NRS 608.540 “Home care employer” defined.

NRS 608.550 “Home care employment standards board” defined.

NRS 608.560 “Home care program” defined.

NRS 608.570 “Intermediary service organization” defined.

NRS 608.580 “Personal assistance” defined.

NRS 608.590 “Personal care services” defined.

NRS 608.600 “Temporary respite services” defined.

NRS 608.610 Home care employment standards board: Establishment; appointment; service without compensation; quorum; meetings.

NRS 608.620 Duty of Director to meet with representatives of petitioners to discuss matters relating to wages, working conditions and compliance with laws.

NRS 608.630 Home care employment standards board: Director to fix date for first meeting; Director and Labor Commissioner to conduct preliminary investigation and present results.

NRS 608.640 Home care employment standards board: Duties relating to investigations; power to administer oaths, take testimony and issue subpoenas; power to request information and testimony from state agencies; duty to submit report of findings and recommendations.

NRS 608.650 Director to make report of findings and recommendations by home care employment standards board available on Internet website.

NRS 608.660 Director to review findings and recommendations of home care employment standards board.

NRS 608.670 Regulations.

NRS 608.680 Unlawful to pay wage less than minimum established by regulation of the Director.

NRS 608.690 Unlawful acts; penalty.

NRS 608.005 Legislative declaration. The Legislature hereby finds and declares that the health and welfare of workers and the employment of persons in private enterprise in this State are of concern to the State and that the health and welfare of persons required to earn their livings by their own endeavors require certain safeguards as to hours of service, working conditions and compensation therefor.

(Added to NRS by 1975, 1582 )

NRS 608.007 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 608.009 to 608.0126 , inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 1985, 577 ; A 2017, 4178 )

NRS 608.009 “Domestic service employee” defined. “Domestic service employee” means an employee who performs any household service in or about a private residence or any other location at which a person resides. The term includes, without limitation:

1. Caregivers and other persons who are employed at a residential facility for groups, as defined in NRS 449.017 ; and

2. Companions, babysitters, cooks, waiters, valets, housekeepers, nannies, nurses, janitors, persons employed to launder clothes and linens, caretakers, persons who perform minor repairs, gardeners, home health aides, personal care aides and chauffeurs of automobiles for family use.

(Added to NRS by 2017, 4177 )

NRS 608.010 “Employee” defined. “Employee” includes both male and female persons in the service of an employer under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed.

[Part 1:71:1919; A 1937, 52 ; 1931 NCL § 2775]—(NRS A 1975, 1582 ; 1985, 578 ; 2003, 1518 )

NRS 608.011 “Employer” defined. “Employer” includes every person having control or custody of any employment, place of employment or any employee.

(Added to NRS by 1985, 578 )

NRS 608.0113 “Private employment” defined. “Private employment” means all employment other than employment under the direction, management, supervision and control of this State or any county, city or town therein, or any office or department thereof.

NRS 608.0116 “Professional” defined. “Professional” means pertaining to:

1. An employee who is licensed or certified by the State of Nevada for and engaged in the practice of law or any of the professions regulated by chapters 623 to 645 , inclusive, 645G and 656A of NRS.

2. A creative professional as described in 29 C.F.R. § 541.302 who is not an employee of a contractor as that term is defined in NRS 624.020 .

(Added to NRS by 1985, 578 ; A 1991, 994 ; 1999, 3074 ; 2001, 1778 ; 2003, 912 ; 2005, 1140 ; 2011, 878 , 1099 , 1521 )

NRS 608.012 “Wages” defined. “Wages” means:

1. The amount which an employer agrees to pay an employee for the time the employee has worked, computed in proportion to time;

2. Commissions owed the employee; and

3. Amounts due to a discharged employee or to an employee who resigns or quits pursuant to NRS 608.040 ,

Ê but excludes any bonus or arrangement to share profits.

(Added to NRS by 1985, 578 ; A 2021, 1763 )

NRS 608.0123 “Week of work” defined. “Week of work” means 7 consecutive periods of 24 hours which may begin on any day and at any hour of the day.

NRS 608.0126 “Workday” defined. “Workday” means a period of 24 consecutive hours which begins when the employee begins work.

NRS 608.013 Employer to post abstract of chapter. Every employer shall conspicuously post and keep so posted on the premises where any person is employed a printed abstract of this chapter to be furnished by the Labor Commissioner.

(Added to NRS by 1975, 1584 )

NRS 608.015 Unlawful to induce employee to refrain from testifying. It is unlawful for any person by force, intimidation, threat of procuring dismissal from employment or in any other manner to induce or attempt to induce an employee to refrain from testifying in any investigation or proceeding relating to or arising under this chapter, or to discharge or penalize any employee for so testifying.

NRS 608.0155 Persons presumed to be independent contractor.

1. Except as otherwise provided in subsection 2, for the purposes of this chapter, a person is conclusively presumed to be an independent contractor if:

(a) Unless the person is a foreign national who is legally present in the United States, the person possesses or has applied for an employer identification number or social security number or has filed an income tax return for a business or earnings from self-employment with the Internal Revenue Service in the previous year;

(b) The person is required by the contract with the principal to hold any necessary state business license or local business license and to maintain any necessary occupational license, insurance or bonding in order to operate in this State; and

(1) Notwithstanding the exercise of any control necessary to comply with any statutory, regulatory or contractual obligations, the person has control and discretion over the means and manner of the performance of any work and the result of the work, rather than the means or manner by which the work is performed, is the primary element bargained for by the principal in the contract.

(2) Except for an agreement with the principal relating to the completion schedule, range of work hours or, if the work contracted for is entertainment, the time such entertainment is to be presented, the person has control over the time the work is performed.

(3) The person is not required to work exclusively for one principal unless:

(I) A law, regulation or ordinance prohibits the person from providing services to more than one principal; or

(II) The person has entered into a written contract to provide services to only one principal for a limited period.

(4) The person is free to hire employees to assist with the work.

(5) The person contributes a substantial investment of capital in the business of the person, including, without limitation, the:

(I) Purchase or lease of ordinary tools, material and equipment regardless of source;

(II) Obtaining of a license or other permission from the principal to access any work space of the principal to perform the work for which the person was engaged; and

(III) Lease of any work space from the principal required to perform the work for which the person was engaged.

Ê The determination of whether an investment of capital is substantial for the purpose of this subparagraph must be made on the basis of the amount of income the person receives, the equipment commonly used and the expenses commonly incurred in the trade or profession in which the person engages.

2. A natural person is conclusively presumed to be an independent contractor if the person is a contractor or subcontractor licensed pursuant to chapter 624 of NRS or is directly compensated by a contractor or subcontractor licensed pursuant to chapter 624 of NRS for providing labor for which a license pursuant to chapter 624 of NRS is required to perform and:

(a) The person has been and will continue to be free from control or direction over the performance of the services, both under his or her contract of service and in fact;

(b) The service is either outside the usual course of the business for which the service is performed or that the service is performed outside of all the places of business of the enterprises for which the service is performed; and

(c) The service is performed in the course of an independently established trade, occupation, profession or business in which the person is customarily engaged, of the same nature as that involved in the contract of service.

3. The fact that a person is not conclusively presumed to be an independent contractor for failure to satisfy three or more of the criteria set forth in paragraph (c) of subsection 1 does not automatically create a presumption that the person is an employee.

4. As used in this section:

(a) “Foreign national” has the meaning ascribed to it in NRS 294A.325 .

(b) “Providing labor” does not include the delivery of supplies.

(Added to NRS by 2015, 1743 ; A 2019, 3159 )

NRS 608.016 Payment for each hour of work; trial or break-in period not excepted. Except as otherwise provided in NRS 608.0195 and 608.215 , an employer shall pay to the employee wages for each hour the employee works. An employer shall not require an employee to work without wages during a trial or break-in period.

(Added to NRS by 1985, 578 ; A 2015, 2718 ; 2017, 4178 )

NRS 608.0165 Basis for payment of employee who manufactures or uses explosives; penalty.

1. Except as otherwise provided in this section, wages or compensation paid to an employee whose duties include the manufacture of an explosive, or the use, processing, handling, on-site movement or storage of an explosive that is related to its manufacture, must be based solely on the number of hours the employee works. The provisions of this subsection do not apply to persons employed in the mining industry.

2. Any person who violates the provisions of subsection 1:

(a) For the first violation, shall be punished by a fine of not less than $10,000 nor more than $20,000.

(b) For the second or any subsequent violation, shall be punished by a fine of not less than $20,000 nor more than $50,000.

3. Except as otherwise provided in subsection 4, as used in this section, “explosive” means gunpowders, powders used for blasting, all forms of high explosives, blasting materials, fuses other than electric circuit breakers, detonators and other detonating agents, smokeless powders, other explosive or incendiary devices and any chemical compound, mechanical mixture or device that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities or packing that ignition by fire, friction, concussion, percussion or detonation of the compound, mixture or device or any part thereof may cause an explosion.

4. For the purposes of this section, an explosive does not include:

(a) Ammunition for small arms, or any component thereof;

(b) Black powder commercially manufactured in quantities that do not exceed 50 pounds, percussion caps, safety and pyrotechnic fuses, quills, quick and slow matches, and friction primers that are intended to be used solely for sporting, recreation or cultural purposes:

(1) In an antique firearm, as that term is defined in 18 U.S.C. § 921(a)(16), as that section existed on January 1, 1999; or

(2) In an antique device which is exempted from the definition of “destructive device” pursuant to 18 U.S.C. § 921(a)(4), as that section existed on January 1, 1999; or

(c) Any explosive that is manufactured under the regulation of a military department of the United States, or that is distributed to, or possessed or stored by, the military or naval service or any other agency of the United States, or an arsenal, a navy yard, a depot or any other establishment owned by or operated on behalf of the United States.

(Added to NRS by 1999, 1114 )

NRS 608.017 Discrimination on basis of sex prohibited; exceptions.

1. It is unlawful for any employer to discriminate between employees, employed within the same establishment, on the basis of sex by paying lower wages to one employee than the wages paid to an employee of the opposite sex who performs equal work which requires equal skill, effort and responsibility and which is performed under similar working conditions.

2. The provisions of subsection 1 do not apply where wages are paid pursuant to:

(a) A seniority system;

(b) A merit system;

(d) A wage differential based on factors other than sex.

3. An employer who violates the provisions of this section shall not reduce the wages of any employees in order to comply with such provisions.

NRS 608.018 Compensation for overtime: Requirement; exceptions.

1. An employer shall pay 1 1/2 times an employee’s regular wage rate whenever an employee who receives compensation for employment at a rate less than 1 1/2 times the minimum rate set forth in NRS 608.250 works:

(a) More than 40 hours in any scheduled week of work; or

(b) More than 8 hours in any workday unless by mutual agreement the employee works a scheduled 10 hours per day for 4 calendar days within any scheduled week of work.

2. An employer shall pay 1 1/2 times an employee’s regular wage rate whenever an employee who receives compensation for employment at a rate not less than 1 1/2 times the minimum rate set forth in NRS 608.250 works more than 40 hours in any scheduled week of work.

3. The provisions of subsections 1 and 2 do not apply to:

(a) Employees who are not covered by the minimum wage provisions of Section 16 of Article 15 of the Nevada Constitution;

(b) Outside buyers;

(c) Employees in a retail or service business if their regular rate is more than 1 1/2 times the minimum wage, and more than half their compensation for a representative period comes from commissions on goods or services, with the representative period being, to the extent allowed pursuant to federal law, not less than 1 month;

(d) Employees who are employed in bona fide executive, administrative or professional capacities;

(e) Employees covered by collective bargaining agreements which provide otherwise for overtime;

(f) Drivers, drivers’ helpers, loaders and mechanics for motor carriers subject to the Motor Carrier Act of 1935, as amended;

(g) Employees of a railroad;

(h) Employees of a carrier by air;

(i) Drivers or drivers’ helpers making local deliveries and paid on a trip-rate basis or other delivery payment plan;

(j) Drivers of taxicabs or limousines;

(k) Agricultural employees;

(l) Employees of business enterprises having a gross sales volume of less than $250,000 per year;

(m) Any salesperson or mechanic primarily engaged in selling or servicing automobiles, trucks or farm equipment;

(n) A mechanic or worker for any hours to which the provisions of subsection 3 or 4 of NRS 338.020 apply;

(o) A domestic worker who resides in the household where he or she works if the domestic worker and his or her employer agree in writing to exempt the domestic worker from the requirements of subsections 1 and 2; and

(p) A domestic service employee who resides in the household where he or she works if the domestic service employee and his or her employer agree in writing to exempt the domestic service employee from the requirements of subsections 1 and 2.

4. Any regulation of the Director of the Department of Health and Human Services concerning the payment of overtime to a home care employee adopted pursuant to NRS 608.670 prevails over the general provisions of this section.

5. As used in this section:

(a) “Domestic worker” has the meaning ascribed to it in NRS 613.620 .

(b) “Home care employee” has the meaning ascribed to it in NRS 608.530 .

(Added to NRS by 1975, 1583 ; A 1977, 1373 ; 1985, 578 ; 2003, 1742 ; 2005, 2520 ; 2009, 2493 ; 2017, 3886 , 4178 ; 2019, 3746 ; 2021, 3659 )

NRS 608.019 Periods for meals and rest.

1. An employer shall not employ an employee for a continuous period of 8 hours without permitting the employee to have a meal period of at least one-half hour. No period of less than 30 minutes interrupts a continuous period of work for the purposes of this subsection.

2. Every employer shall authorize and permit all his or her employees to take rest periods, which, insofar as practicable, shall be in the middle of each work period. The duration of the rest periods shall be based on the total hours worked daily at the rate of 10 minutes for each 4 hours or major fraction thereof. Rest periods need not be authorized however for employees whose total daily work time is less than 3 and one-half hours. Authorized rest periods shall be counted as hours worked, for which there shall be no deduction from wages.

3. This section does not apply to:

(a) Situations where only one person is employed at a particular place of employment.

(b) Employees included within the provisions of a collective bargaining agreement.

4. An employer may apply to the Labor Commissioner for an exemption from providing to all or to one or more defined categories of his or her employees one or more of the benefits conferred by this section. The Labor Commissioner may grant the exemption if the Labor Commissioner believes the employer has shown sufficient evidence that business necessity precludes providing such benefits. Any exemption so granted shall apply to members of either sex.

5. The Labor Commissioner may by regulation exempt a defined category of employers from providing to all or to one or more defined categories of their employees one or more of the benefits conferred by this section, upon the Labor Commissioner’s own motion or upon the application of an association of employers. Each such application shall be considered at a hearing and may be granted if the Labor Commissioner finds that business necessity precludes providing that particular benefit or benefits to the employees affected. Any exemption so granted shall apply to members of either sex.

(Added to NRS by 1975, 1583 ; A 1977, 82 )

1. Except as otherwise provided in subsections 3, 5 and 6, each employer shall provide an employee who is the mother of a child under 1 year of age with:

(a) Reasonable break time, with or without compensation, for the employee to express breast milk as needed; and

(b) A place, other than a bathroom, that is reasonably free from dirt or pollution, which is protected from the view of others and free from intrusion by others where the employee may express breast milk.

2. If break time is required to be compensated pursuant to a collective bargaining agreement entered into by an employer and an employee organization, any break time taken pursuant to subsection 1 by an employee which is covered by the collective bargaining agreement must be compensated.

3. If an employer determines that complying with the provisions of subsection 1 will cause an undue hardship considering the size, financial resources, nature and structure of the business of the employer, the employer may meet with the employee to agree upon a reasonable alternative. If the parties are not able to reach an agreement, the employer may require the employee to accept a reasonable alternative selected by the employer.

4. An employer shall not retaliate, or direct or encourage another person to retaliate, against any employee because that employee has:

(a) Taken break time or used the space provided pursuant to subsection 1 or 3 to express breast milk; or

(b) Taken any action to require the employer to comply with the requirements of this section, including, without limitation, filing a complaint, testifying, assisting or participating in any manner in an investigation, proceeding or hearing to enforce the provisions of this section.

5. An employer who employs fewer than 50 employees is not subject to the requirements of this section if these requirements would impose an undue hardship on the employer, considering the size, financial resources, nature and structure of the business of the employer.

6. An employer who is a contractor licensed pursuant to chapter 624 of NRS is not subject to the requirements of this section with regard to an employee who is performing work at a construction jobsite that is located at least 3 miles from the regular place of business of the employer.

(Added to NRS by 2017, 1430 )

NRS 608.0195 Periods for sleep.

1. If an employee specified in paragraph (a) of subsection 3 is required to be on duty for 24 hours or more, the employer and employee may agree in writing to exclude from the employee’s wages a regularly scheduled sleeping period not to exceed 8 hours if adequate sleeping facilities are furnished:

(a) By the employer of an employee described in subparagraph (1) of paragraph (a) of subsection 3; or

(b) In the home in which an employee described in subparagraph (2) of paragraph (a) of subsection 3 provides personal care services,

Ê as applicable.

2. If the sleeping period is interrupted by any call for service by the employer or for service to a person to whom the employee provides personal care services, the interruption must be counted as hours worked. If the sleeping period is interrupted by any call for service by the employer or for service to a person to whom the employee provides personal care services to such an extent that the sleeping period is less than 5 hours, the employee must be paid for the entire sleeping period.

3. The provisions of subsections 1 and 2:

(a) Apply only to:

(1) An employee who is on duty at a residential facility for a group of similarly situated persons who require supervision, care or other assistance from employees at the residential facility; and

(2) An employee of an agency to provide personal care services in the home who is on duty.

(b) Do not apply to a firefighter, a member of a rescue or emergency services crew or a peace officer, including, without limitation, a correctional officer.

(a) “A group of similarly situated persons” includes, without limitation, a group of:

(1) Persons with a mental illness;

(2) Persons with a physical disability;

(3) Persons with an intellectual disability;

(4) Persons who are elderly;

(5) Persons recovering from alcohol or substance use disorders;

(6) Children in foster care; and

(7) Children in a program to address emotional or behavioral problems.

(b) “Agency to provide personal care services in the home” has the meaning ascribed to it in NRS 449.0021 .

(1) In the case of an employee described in subparagraph (1) of paragraph (a) of subsection 3, the employer; or

(2) In the case of an employee described in subparagraph (2) of paragraph (a) of subsection 3, the home of a person to whom the employee provides personal care services.

(d) “Personal care services” means the services described in NRS 449.1935 .

(e) “Residential facility” means:

(1) A dormitory, any structure similar to a dormitory or any structure similar to a private residence in which a group of similarly situated persons reside for the purpose of receiving supervision, care or other assistance from employees on duty at the residential facility. Any such dormitory or structure similar to a dormitory may include a studio apartment for the use of the employees.

(2) In the case of a program for children to address emotional or behavioral problems, any structure which provides for residential living for the children and employees.

(Added to NRS by 2015, 2717 ; A 2017, 1207 )

1. Except as otherwise provided in this section, every employer in private employment shall provide paid leave to each employee of the employer as follows:

(a) An employee is entitled to at least 0.01923 hours of paid leave for each hour of work performed.

(b) An employee may, as determined by the employer, obtain paid leave by:

(1) Receiving on the first day of each benefit year the total number of hours of paid leave that the employee is entitled to accrue in a benefit year pursuant to paragraph (a); or

(2) Accruing over the course of a benefit year the total number of hours of paid leave that the employee is entitled to accrue in a benefit year pursuant to paragraph (a).

(c) Paid leave accrued pursuant to subparagraph (2) of paragraph (b) may carry over for each employee between his or her benefit years of employment, except an employer may limit the amount of paid leave for each employee carried over to a maximum of 40 hours per benefit year.

(d) Except as otherwise provided in paragraph (i), an employer shall:

(1) Compensate an employee for the paid leave available for use by that employee at the rate of pay at which the employee is compensated at the time such leave is taken, as calculated pursuant to paragraph (e); and

(2) Pay such compensation on the same payday as the hours taken are normally paid.

(e) For the purposes of determining the rate of pay at which an employee is compensated pursuant to paragraph (d), the compensation rate for an employee who is paid by:

(1) Salary, commission, piece rate or a method other than hourly wage must:

(I) Be calculated by dividing the total wages of the employee paid for the immediately preceding 90 days by the number of hours worked during that period;

(II) Except as otherwise provided in sub-subparagraph (III), include any bonuses agreed upon and earned by the employee; and

(III) Not include any bonuses awarded at the sole discretion of the employer, overtime pay, additional pay for performing hazardous duties, holiday pay or tips earned by the employee.

(2) Hourly wage must be calculated by the hourly rate the employee is paid by the employer.

(f) An employer may limit the amount of paid leave an employee uses to 40 hours per benefit year.

(g) An employer may set a minimum increment of paid leave, not to exceed 4 hours, that an employee may use at any one time.

(h) An employer shall provide to each employee on each payday an accounting of the hours of paid leave available for use by that employee. An employer may use the system that the employer uses to pay its employees to provide the accounting of the hours of paid leave available for use by the employee.

(i) An employer may, but is not required to, compensate an employee for any unused paid leave available for use by that employee upon separation from employment, except if the employee is rehired by the employer within 90 days after separation from that employer and the separation from employment was not due to the employee voluntarily leaving his or her employment, any previously unused paid leave hours available for use by that employee must be reinstated.

2. An employee in private employment may use paid leave available for use by that employee as follows:

(a) An employer shall allow an employee to use paid leave beginning on the 90th calendar day of his or her employment.

(b) An employer shall allow an employee to use paid leave for any use, including, without limitation:

(1) Treatment of a mental or physical illness, injury or health condition;

(2) Receiving a medical diagnosis or medical care;

(3) Receiving or participating in preventative care;

(4) Participating in caregiving; or

(5) Addressing other personal needs related to the health of the employee.

(c) An employee may use paid leave available for use by that employee without providing a reason to his or her employer for such use.

(d) An employee shall, as soon as practicable, give notice to his or her employer to use the paid leave available for use by that employee.

3. An employer shall not:

(a) Deny an employee the right to use paid leave available for use by that employee in accordance with the conditions of this section;

(b) Require an employee to find a replacement worker as a condition of using paid leave available for use by that employee; or

4. The Labor Commissioner shall prepare a bulletin which clearly sets forth the benefits created by this section. The Labor Commissioner shall post the bulletin on the Internet website maintained by the Office of Labor Commissioner, if any, and shall require all employers to post the bulletin in a conspicuous location in each workplace maintained by the employer. The bulletin may be included in any printed abstract posted by the employer pursuant to NRS 608.013 .

5. An employer shall maintain a record of the receipt or accrual and use of paid leave pursuant to this section for each employee for a 1-year period following the entry of such information in the record and, upon request, shall make those records available for inspection by the Labor Commissioner.

6. The provisions of this section do not:

(a) Limit or abridge any other rights, remedies or procedures available under the law.

(b) Negate any other rights, remedies or procedures available to an aggrieved party.

(c) Prohibit, preempt or discourage any contract or other agreement that provides a more generous paid leave benefit or paid time off benefit.

7. For the first 2 years of operation, an employer is not required to comply with the provisions of this section.

8. This section does not apply to:

(a) An employer who, pursuant to a contract, policy, collective bargaining agreement or other agreement, provides employees with a policy for paid leave or a policy for paid time off to all scheduled employees at a rate of at least 0.01923 hours of paid leave per hour of work performed; and

(b) Temporary, seasonal or on-call employees.

9. As used in this section:

(a) “Benefit year” means a 365-day period used by an employer when calculating the accrual of paid leave.

(b) “Employer” means a private employer who has 50 or more employees in private employment in this State.

(Added to NRS by 2019, 3752 ; A 2021, 3610 )

1. Except as otherwise provided in subsections 6 and 10, in addition to the paid leave provided pursuant to NRS 608.0197 , every employer in private employment shall provide 2 or 4 hours, as determined pursuant to subsection 2, of paid leave to each employee for the purpose of the employee receiving a vaccination for COVID-19.

2. If an employee is to receive a vaccination for COVID-19 and the vaccination requires:

(a) Only one dose, the employee may take 2 consecutive hours of paid leave to receive the vaccination for COVID-19.

(b) Two separate doses that are administered on two separate occasions, the employee may take 2 consecutive hours of paid leave per absence for a total of 4 hours of paid leave.

3. An employee shall, at least 12 hours before using paid leave provided to the employee pursuant to this section, give notice to his or her employer that the employee intends to use the paid leave.

4. An employer, and any agent, representative, supervisory employee or other person acting on behalf of or under the authority of the employer, shall not:

(a) Deny an employee the right to use the paid leave provided to the employee pursuant to this section;

(b) Require an employee to find a replacement worker as a condition of using the paid leave provided to the employee pursuant to this section; or

(c) Retaliate or take any adverse action against an employee for using the paid leave provided to the employee pursuant to this section. Such prohibited retaliation includes, without limitation:

(1) Discharging or firing the employee;

(2) Penalizing the employee in any fashion; and

(3) Deducting the paid leave provided to the employee pursuant to this section from the salary or wages of the employee.

5. Any paid leave provided to an employee pursuant to this section must not be used in calculating the number of hours for which an employee is entitled to be compensated for overtime.

6. This section does not apply to an employer who provides a clinic on the premises of the employer where an employee may receive a vaccination for COVID-19 during the regular hours of work of the employee.

7. The Labor Commissioner shall prepare a bulletin which clearly sets forth the benefits created by this section. The Labor Commissioner shall post the bulletin on the Internet website maintained by the Office of Labor Commissioner, if any, and shall require all employers to post the bulletin in a conspicuous location in each workplace maintained by the employer. The bulletin may be included in any printed abstract posted by the employer pursuant to NRS 608.013 .

8. An employer shall maintain a record of the receipt or accrual and use of paid leave pursuant to this section for each employee for a 1-year period following the entry of such information in the record and, upon request, shall make those records available for inspection by the Labor Commissioner.

9. The provisions of this section do not:

10. For the first 2 years of operation, an employer is not required to comply with the provisions of this section.

11. As used in this section:

(a) “COVID-19” means:

(1) The novel coronavirus identified as SARS-CoV-2;

(2) Any mutation or variant of the novel coronavirus identified as SARS-CoV-2; or

(3) A disease or health condition caused by the novel coronavirus identified as SARS-CoV-2.

(Added to NRS by 2021, 3609 )

1. Except as otherwise provided in this section, if an employer provides paid or unpaid sick leave for the use of his or her employees, the employer must allow an employee to use any accrued sick leave to assist a member of the immediate family of the employee who has an illness, injury, medical appointment or other authorized medical need to the same extent and under the same conditions that apply to the employee when taking such leave.

2. An employer may limit the amount of sick leave that an employee may use pursuant to subsection 1 to an amount which is equal to not less than the amount of sick leave that the employee accrues during a 6-month period.

3. The Labor Commissioner shall prepare a bulletin which clearly sets forth an explanation of the provisions of this section. The Labor Commissioner shall post the bulletin on the Internet website maintained by the Office of Labor Commissioner and shall require each employer that provides sick leave to employees to post the bulletin in a conspicuous location in each workplace maintained by the employer. The bulletin may be included in any printed abstract posted by the employer pursuant to NRS 608.013 .

4. The provisions of this section shall not be construed to:

(a) Limit or abridge any other rights, remedies or procedures available under the law;

(b) Negate any other rights, remedies or procedures available to an aggrieved party;

(c) Prohibit, preempt or discourage any contract or other agreement that provides a more generous sick leave benefit or paid time off benefit; or

(d) Extend the maximum amount of leave to which an employee is entitled to take pursuant to the Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2601 et seq.

5. An employer shall not deny an employee the right to use accrued sick leave in accordance with the provisions of this section or retaliate against an employee for attempting to prosecute a violation of this section or for exercising any rights afforded by this section.

6. The provisions of this section do not apply:

(a) To the extent prohibited by federal law; or

(b) With regard to an employee of the employer if the employee is covered under a valid collective bargaining agreement.

7. As used in this section, “immediate family” means:

(a) The child, foster child, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent or stepparent of an employee; or

(b) Any person for whom the employee is the legal guardian.

(Added to NRS by 2021, 1023 )

1. An employee who has been employed by an employer for at least 90 days and who is a victim of an act which constitutes domestic violence, or whose family or household member is a victim of an act which constitutes domestic violence, and the employee is not the alleged perpetrator, is entitled to not more than 160 hours of leave in one 12-month period. Hours of leave provided pursuant to this subsection:

(a) May be paid or unpaid by the employer;

(b) Must be used within the 12 months immediately following the date on which the act which constitutes domestic violence occurred;

(d) If used for a reason for which leave may also be taken pursuant to the Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2601 et seq., must be deducted from the amount of leave the employee is entitled to take pursuant to this section and from the amount of leave the employee is entitled to take pursuant to the Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2601 et seq.

2. An employee may use the hours of leave pursuant to subsection 1 as follows:

(a) An employee may use the hours of leave only:

(1) For the diagnosis, care or treatment of a health condition related to an act which constitutes domestic violence committed against the employee or family or household member of the employee;

(2) To obtain counseling or assistance related to an act which constitutes domestic violence committed against the employee or family or household member of the employee;

(3) To participate in any court proceedings related to an act which constitutes domestic violence committed against the employee or family or household member of the employee; or

(4) To establish a safety plan, including, without limitation, any action to increase the safety of the employee or the family or household member of the employee from a future act which constitutes domestic violence.

(b) After taking any hours of leave upon the occurrence of the act which constitutes domestic violence, an employee shall give not less than 48 hours’ advance notice to his or her employer of the need to use additional hours of leave for any purpose listed in paragraph (a).

(a) Deny an employee the right to use hours of leave in accordance with the conditions of this section;

(b) Require an employee to find a replacement worker as a condition of using hours of leave; or

4. The employer of an employee who takes hours of leave pursuant to this section may require the employee to provide to the employer documentation that confirms or supports the reason the employee provided for requesting leave. Such documentation may include, without limitation, a police report, a copy of an application for an order for protection, an affidavit from an organization which provides services to victims of domestic violence or documentation from a physician. Any documentation provided to an employer pursuant to this subsection is confidential and must be retained by the employer in a manner consistent with the requirements of the Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2601 et seq.

5. The Labor Commissioner shall prepare a bulletin which clearly sets forth the right to the benefits created by this section. The Labor Commissioner shall post the bulletin on the Internet website maintained by the Office of Labor Commissioner, if any, and shall require all employers to post the bulletin in a conspicuous location in each workplace maintained by the employer. The bulletin may be included in any printed abstract posted by the employer pursuant to NRS 608.013 .

6. An employer shall maintain a record of the hours of leave taken pursuant to this section for each employee for a 2-year period following the entry of such information in the record and, upon request, shall make those records available for inspection by the Labor Commissioner. The employer shall exclude the names of the employees from the records, unless a request for a record is for the purpose of an investigation.

7. The provisions of this section do not:

(c) Prohibit, preempt or discourage any contract or other agreement that provides a more generous leave benefit or paid leave benefit.

8. As used in this section:

(a) “Domestic violence” has the meaning ascribed to it in NRS 33.018 .

(b) “Family or household member” means a:

(1) Spouse;

(2) Domestic partner;

(3) Minor child; or

(4) Parent or other adult person who is related within the first degree of consanguinity or affinity to the employee, or other adult person who is or was actually residing with the employee at the time of the act which constitutes domestic violence.

(Added to NRS by 2017, 3176 )

NRS 608.020 Discharge of employee: Immediate payment. Whenever an employer discharges an employee, the wages and compensation earned and unpaid at the time of such discharge shall become due and payable immediately.

[Part 2:71:1919; 1919 RL p. 2776; NCL § 2776]

NRS 608.030 Payment of employee who resigns or quits employment. Whenever an employee resigns or quits his or her employment, the wages and compensation earned and unpaid at the time of the employee’s resignation or quitting must be paid no later than:

1. The day on which the employee would have regularly been paid the wages or compensation; or

2. Seven days after the employee resigns or quits,

Ê whichever is earlier.

[Part 2:71:1919; 1919 RL p. 2776; NCL § 2776]—(NRS A 1985, 382 )

NRS 608.040 Penalty for failure to pay discharged or quitting employee.

1. If an employer fails to pay:

(a) Within 3 days after the wages or compensation of a discharged employee becomes due; or

(b) On the day the wages or compensation is due to an employee who resigns or quits,

Ê the wages or compensation of the employee continues at the same rate from the day the employee resigned, quit or was discharged until paid or for 30 days, whichever is less.

2. Any employee who secretes or absents himself or herself to avoid payment of his or her wages or compensation, or refuses to accept them when fully tendered to him or her, is not entitled to receive the payment thereof for the time he or she secretes or absents himself or herself to avoid payment.

[Part 2:71:1919; 1919 RL p. 2776; NCL § 2776]—(NRS A 1985, 383 )

NRS 608.050 Wages to be paid at termination of service: Penalty; employee’s lien.

1. Whenever an employer of labor shall discharge or lay off employees without first paying them the amount of any wages or salary then due them, in cash and lawful money of the United States, or its equivalent, or shall fail, or refuse on demand, to pay them in like money, or its equivalent, the amount of any wages or salary at the time the same becomes due and owing to them under their contract of employment, whether employed by the hour, day, week or month, each of the employees may charge and collect wages in the sum agreed upon in the contract of employment for each day the employer is in default, until the employee is paid in full, without rendering any service therefor; but the employee shall cease to draw such wages or salary 30 days after such default.

2. Every employee shall have a lien as provided in NRS 108.221 to 108.246 , inclusive, and all other rights and remedies for the protection and enforcement of such salary or wages as the employee would have been entitled to had the employee rendered services therefor in the manner as last employed.

[1:139:1925; NCL § 2785] + [2:139:1925; NCL § 2786]—(NRS A 1967, 146 ; 1969, 823 )

NRS 608.060 Semimonthly payments; exceptions.

1. Except as otherwise provided in this chapter, all wages or compensation of employees in private employment is due semimonthly. All such wages or compensation earned and unpaid before the first day of any month is due not later than 8 a.m. on the 15th day of the month following that in which the wages or compensation was earned. All wages or compensation earned and unpaid before the 16th day of any month is due not later than 8 a.m. on the last day of the same month.

2. Nothing contained in this section prohibits the contracting for the payment of or the payment of wages at more frequent periods than semimonthly.

3. An employer in this State whose principal place of business is located, and whose payroll is prepared, outside of this State may designate one or more days in each month as fixed paydays for the payment of wages to an employee employed in:

(a) A bona fide executive, administrative or professional capacity, as defined in 29 C.F.R. §§ 541.1, 541.2 and 541.3;

(b) The capacity of outside salesperson, as defined in 29 C.F.R. § 541.5; or

Ê as those sections existed on October 1, 1993. The provisions of this subsection do not apply with regard to an employee whose wages are determined pursuant to a collective bargaining agreement.

4. Every agreement made in violation of this section, except as provided in this chapter, is void, but any employee is entitled to payment of such wages or compensation for the period during which the wages or compensation was earned.

[Part 1:71:1919; A 1937, 52 ; 1931 NCL § 2775]—(NRS A 1993, 316 )

NRS 608.070 Agreements between employers and employees for other than semimonthly payments. Nothing in this chapter shall be construed to mean that, on any special occasion where it appears to be satisfactory and beneficial to both employer and employee, they shall not have the right to agree, either verbally or in writing, as to where and at what time, other than every 15 days, wages shall be paid; but it shall be unlawful for any employer to require any employee to enter into any such agreement as a condition to entering into or remaining in his or her service.

[8:71:1919; 1919 RL p. 2777; NCL § 2782]

NRS 608.080 Paydays and time and place of payment: Posting notice of regular day, time and place; notice of change required; payment on irregular day.

1. Every employer shall establish and maintain regular paydays as provided in this chapter and shall post and maintain posted notices, printed in plain type or written in plain script, in at least two conspicuous places where such notices can be seen by the employees, setting forth the regular paydays as prescribed in this chapter and the place of payment, which must be within the Justice Court precinct in which such services were performed.

2. After an employer establishes regular paydays and the place of payment, the employer shall not change a regular payday or the place of payment unless, not fewer than 7 days before the change is made, the employer provides the employees affected by the change with written notice in a manner that is calculated to provide actual notice of the change to each such employee.

3. If an employee is absent at the time and place of the payment of wages or compensation, due and payable as prescribed in this chapter, provided he or she does not secrete or absent himself or herself to avoid such payment, the employee must be paid the same within 5 days after making written demand therefor.

[Part 3:71:1919; 1919 RL p. 2776; NCL § 2777]—(NRS A 2003, 794 )

NRS 608.090 Adjustment of wages for additional payments; notice by employer; payment.

1. Every employer, having granted or agreed to an adjustment of wages of an employee or employees wherein payments additional to the regular wage payments pursuant to this chapter are made, shall forward such adjusted wages in legal negotiable instruments to its agent or paymaster in this State. The agent or paymaster shall post in two conspicuous places at the office or other places used by the agent or paymaster for the regular payment of wages a list of the names, together with a written notice thereon that such wage payments will be held by such agent or paymaster for 30 days from and after the date of posting of the lists and notice for the purpose of payment thereof.

2. If any such employee shall at the time be stationed at a place other than at the place of regular payment of wages, either within or without the State of Nevada, the employer’s agent or paymaster shall forward the wage payments to such employee or deliver the same to the employee’s agent who has a written authorization signed by the employee authorizing the employee’s agent to receive such payment.

3. The provisions of this section shall not apply where payment of such additional pay is made directly to an employee or employees.

[3a:71:1919; added 1945, 338 ; 1943 NCL § 2777.01]

NRS 608.100 Unlawful decrease in compensation by employer; unlawful requirement to rebate compensation; prerequisites to lawfully decreasing compensation.

1. It is unlawful for any employer to:

(a) Pay a lower wage, salary or compensation to an employee than the amount agreed upon through a collective bargaining agreement, if any;

(b) Pay a lower wage, salary or compensation to an employee than the amount that the employer is required to pay to the employee by virtue of any statute or regulation or by contract between the employer and the employee; or

(c) Pay a lower wage, salary or compensation to an employee than the amount earned by the employee when the work was performed.

2. It is unlawful for any employer to require an employee to rebate, refund or return any part of the wage, salary or compensation earned by and paid to the employee.

3. It is unlawful for any employer who has the legal authority to decrease the wage, salary or compensation of an employee to implement such a decrease unless:

(a) Not less than 7 days before the employee performs any work at the decreased wage, salary or compensation, the employer provides the employee with written notice of the decrease; or

(b) The employer complies with the requirements relating to the decrease that are imposed on the employer pursuant to the provisions of any collective bargaining agreement or any contract between the employer and the employee.

[1:89:1943] + [2:89:1943] + [3:89:1943]—(NRS A 1967, 622 ; 2003, 795 )

NRS 608.110 Withholding of portion of wages.

1. This chapter does not preclude the withholding from the wages or compensation of any employee of any dues, rates or assessments becoming due to any hospital association or to any relief, savings or other department or association maintained by the employer or employees for the benefit of the employees, or other deductions authorized by written order of an employee.

2. At the time of payment of wages or compensation, the employer shall furnish the employee with an itemized list showing the respective deductions made from the total amount of wages or compensation.

3. Except as otherwise provided by an agreement between the employer and employee, any employer who withholds money from the wages or compensation of an employee for deposit in a financial institution shall deposit the money in the designated financial institution within 5 working days after the day on which the wages or compensation from which it was withheld is paid to the employee.

[4:71:1919; 1919 RL p. 2776; NCL § 2778]—(NRS A 1967, 33 ; 1983, 1042 )

NRS 608.115 Records of wages.

1. Every employer shall establish and maintain records of wages for the benefit of his or her employees, showing for each pay period the following information for each employee:

(a) Gross wage or salary other than compensation in the form of:

(1) Services; or

(2) Food, housing or clothing.

(b) Deductions.

(d) Except as otherwise provided in NRS 608.215 , total hours employed in the pay period by noting the number of hours per day.

(e) Date of payment.

2. The information required by this section must be furnished to each employee within 10 days after the employee submits a request.

3. Records of wages must be maintained for a 2-year period following the entry of information in the record.

(Added to NRS by 1975, 508 ; A 1979, 1488 ; 1983, 250 ; 1985, 579 ; 2017, 4179 )

NRS 608.120 Manner of payment of wages. The payment of wages or compensation must be made in lawful money of the United States or by a good and valuable negotiable check or draft drawn only to the order of the employee unless:

1. The employee has agreed in writing to some other disposition of his or her wages; or

2. The employer has been directed to make some other disposition of the employee’s wages by:

(a) A court of competent jurisdiction; or

(b) An agency of federal, state or local government with jurisdiction to issue such directives.

Ê Such checks or drafts must be payable on presentation thereof at some bank, credit union or established place of business without discount in lawful money of the United States. They must be payable at the place designated in the notice prescribed in NRS 608.080 .

[Part 3:71:1919; 1919 RL p. 2776; NCL § 2777]—(NRS A 1975, 1584 ; 1977, 275 ; 1983, 1104 ; 1999, 1521 )

NRS 608.130 Payment of wages by negotiable instrument; rights of holder in due course in event of nonpayment; penalty.

1. A person engaged in any business or enterprise of any kind in this State shall not issue, in payment of, or as evidence of, any indebtedness for wages due an employee, any order, check, memorandum or other acknowledgment of indebtedness unless it is a negotiable instrument payable without discount, in cash on demand, at some bank, credit union or other established place of business but this subsection does not limit or interfere with the right of any employee, by agreement, to accept from any such person, as an evidence or acknowledgment of indebtedness for wages due the employee, a negotiable instrument payable at some future date with interest.

2. In the event of nonpayment when due of any negotiable instrument issued in payment of wages, the holder in due course of the instrument succeeds and has the same rights, priorities and preferences with respect to payment thereof, and stands in the same position, as the payee of the instrument with respect to a claim for wages unpaid when due, in addition to any other remedy available to the holder in due course provided by law.

3. An employer who knowingly issues to an employee a negotiable instrument in payment of wages for which there is insufficient money, property or credit with the drawee of the instrument to pay it in full upon presentation shall reimburse the employee for any penalty or charge incurred by the employee arising from his or her reliance on the validity of the instrument.

[1:66:1911; RL § 1939; NCL § 2783] + [1.5:66:1911; added 1953, 64 ] + [2:66:1911; A 1953, 64 ]—(NRS A 1967, 622 ; 1985, 580 ; 1999, 1521 )

NRS 608.135 Civil action against employer for failure to pay wages; Labor Commissioner prohibited from taking jurisdiction of claim for wages during pendency of civil action.

1. If an employer fails to pay wages, compensation or salary to an employee in accordance with the requirements set forth in NRS 608.020 to 608.050 , inclusive, the employee may, at any time within 2 years after the employer’s failure, bring a civil action against the employer.

2. The Labor Commissioner shall not take jurisdiction of a claim for wages during the pendency of a civil action for the same wages brought pursuant to subsection 1.

(Added to NRS by 2021, 1763 )

NRS 608.140 Assessment of attorney’s fees in action for recovery of wages. Whenever a mechanic, artisan, miner, laborer, servant or employee shall have cause to bring suit for wages earned and due according to the terms of his or her employment, and shall establish by decision of the court or verdict of the jury that the amount for which he or she has brought suit is justly due, and that a demand has been made, in writing, at least 5 days before suit was brought, for a sum not to exceed the amount so found due, the court before which the case shall be tried shall allow to the plaintiff a reasonable attorney fee, in addition to the amount found due for wages and penalties, to be taxed as costs of suit.

[1:140:1925; NCL § 2787]

NRS 608.150 Original contractor liable for indebtedness for labor incurred by subcontractor or contractor acting under, by or for original contractor; exceptions; civil action to recover.

1. Except as otherwise provided in subsections 2 and 3, every original contractor entering into any contract in this State for the erection, construction, alteration, maintenance or repair, including, without limitation, repairs made under a warranty, of any building or structure, including, without limitation, any equipment or fixtures related thereto, or other work of improvement, shall assume and is liable for the indebtedness for labor incurred by any subcontractor or any contractors acting under, by or for the original contractor in performing any labor, construction or other work included in the subject of the original contract, for labor, and for the requirements imposed by chapters 616A to 617 , inclusive, of NRS.

2. Except as otherwise provided in subsection 6, the provisions of subsection 1 do not require an original contractor to assume or be liable for any liability of a subcontractor or other contractor in excess of the indebtedness for labor incurred by a subcontractor or any other contractor acting under, by or for the original contractor if such indebtedness for labor had been paid when originally due.

3. The provisions of subsection 1 do not require an original contractor to assume or be liable for any liability of a subcontractor or other contractor for any amount for which the original contractor did not receive proper notice in accordance with NRS 608.152 .

4. It is unlawful for any original contractor or any other person to fail to comply with the provisions of subsection 1, or to attempt to evade the responsibility imposed thereby, or to do any other act or thing tending to render nugatory the provisions of this section.

5. The district attorney of any county wherein the defendant may reside or be found, or any potential claimant pursuant to this section may institute civil proceedings against any such original contractor failing to comply with the provisions of this section in a civil action for the amount of any indebtedness for labor that may be owing or have accrued as a result of the failure of any subcontractor acting under the original contractor, and any property of the original contractor, not exempt by law, is subject to attachment and execution for the payment of any judgment that may be recovered in any action under the provisions of this section.

6. In any court action regarding a claim instituted pursuant to this section, the court shall award costs and reasonable attorney’s fees to the prevailing party. If the claimant is the prevailing party, the court shall award to the claimant the applicable interest that has accrued after the claimant provided to the original contractor, subcontractor or other contractor the written notice of such claim pursuant to NRS 608.152 or otherwise notifies the original contractor of a claim under NRS 608.150 .

7. As used in this section:

(a) “Contractor” has the meaning ascribed to it in NRS 624.020 .

(b) “Original contractor” includes a contractor or any other person who enters into a contract described in subsection 1.

[1:208:1931; 1931 NCL § 2824] + [2:208:1931; 1931 NCL § 2825]—(NRS A 1967, 623 ; 1985, 580 ; 1999, 206 ; 2015, 1931 ; 2017, 1212 )

NRS 608.152 Claim to indebtedness for labor incurred by subcontractor or contractor: Written notice of claim; written request for notice of claim; substantially similar claims prohibited.

1. Any potential claimant to indebtedness for labor under NRS 608.150 shall, within 90 days after receiving the written request described in subsection 2, provide to the original contractor, subcontractor or other contractor who submitted the written request a written notice that includes, without limitation:

(a) Any claim that is asserted under this section;

(b) The basis for any such claim; and

(1) The amount of any such claim;

(2) An explanation of what data is needed to calculate the amount of any such claim; or

(3) A statement that no amount is due under any such claim.

2. The written request required pursuant to subsection 1 must:

(a) Be submitted by an original contractor, subcontractor or other contractor;

(b) Be directed to the claimant described in subsection 1; and

(1) Original contractor, subcontractor or other contractor;

(2) Dates that work commenced and ended or is expected to end; and

(3) Nature and location of any project to which the contract applies.

3. If the written notice that the claimant is required to provide pursuant to subsection 1 indicates that no amount is due under any such claim or if the claimant fails to respond within 90 days after receiving the written request described in subsection 2, the claimant shall be prohibited from bringing any substantially similar claim that is related to the project and the original contractor, subcontractor or other contractor that accrued before the claimant’s receipt of such written notice.

(b) “Original contractor” includes a contractor or any other person who enters into a contract described in subsection 1 of NRS 608.150 .

(Added to NRS by 2017, 1212 )

NRS 608.154 Lodging as part of wages or compensation; exception.

1. A part of wages or compensation may, if mutually agreed upon by an employee and employer in the contract of employment, consist of lodging. In no case may the value of the lodging be computed at more than five times the statutory minimum hourly wage for each week that lodging is provided to the employee.

2. The monetary limitations on the value of lodging specified in subsection 1 do not apply to agricultural employees.

(Added to NRS by 2017, 3885 )

NRS 608.155 Meals as part of wages or compensation; exception.

1. A part of wages or compensation may, if mutually agreed upon by an employee and employer in the contract of employment, consist of meals. In no case shall the value of the meals be computed at more than 100 percent of the statutory minimum hourly wage per day. In no case shall the value of the meals consumed by such employee be computed or valued at more than 25 percent of the statutory minimum hourly wage for each breakfast actually consumed, 25 percent of the statutory minimum hourly wage for each lunch actually consumed, and 50 percent of the statutory minimum hourly wage for each dinner actually consumed.

2. The monetary limitations on the value of meals, contained in subsection 1, do not apply to agricultural employees.

(Added to NRS by 1975, 1582 ; A 2017, 3886 )

NRS 608.1555 Benefits for health care: Provision in same manner as policy of insurance. Any employer who provides benefits for health care to his or her employees shall provide the same benefits and pay providers of health care in the same manner as a policy of insurance pursuant to chapters 689A and 689B of NRS, including, without limitation, as required by NRS 687B.409 , 687B.723 and 687B.725 .

(Added to NRS by 1985, 2097 ; A 2017, 2211 ; 2021, 3531 )

NRS 608.156 Benefits for health care: Expenses for treatment of alcohol and substance use disorders.

1. If an employer provides health benefits for his or her employees, the employer shall provide benefits for the expenses for the treatment of alcohol and substance use disorders. The annual benefits provided by the employer must consist of:

(a) Treatment for withdrawal from the physiological effects of alcohol or drugs, with a maximum benefit of $1,500 per calendar year.

(b) Treatment for a patient admitted to a facility, with a maximum benefit of $9,000 per calendar year.

(c) Counseling for a person, group or family who is not admitted to a facility, with a maximum benefit of $2,500 per calendar year.

2. The maximum amount which may be paid in the lifetime of the insured for any combination of the treatments listed in subsection 1 is $39,000.

3. Except as otherwise provided in NRS 687B.409 , these benefits must be paid in the same manner as benefits for any other illness covered by the employer are paid.

4. The employee is entitled to these benefits if treatment is received in any:

(a) Program for the treatment of alcohol or substance use disorders which is certified by the Division of Public and Behavioral Health of the Department of Health and Human Services.

(b) Hospital or other medical facility or facility for the dependent which is licensed by the Division of Public and Behavioral Health of the Department of Health and Human Services, is accredited by The Joint Commission or CARF International and provides a program for the treatment of alcohol or substance use disorders as part of its accredited activities.

(Added to NRS by 1983, 2044 ; A 1985, 1572 , 1764 ; 1993, 1803 ; 1999, 1887 ; 2001, 438 ; 2017, 2211 )

NRS 608.157 Benefits for health care: Coverage for mastectomy and reconstructive surgery.

1. If an employer provides health benefits for his or her employees which include coverage for the surgical procedure known as a mastectomy, the employer must also provide commensurate coverage for at least two prosthetic devices and for reconstructive surgery incident to the mastectomy. Except as otherwise provided in subsection 2, this coverage is subject to the same terms and conditions that apply to the coverage for the mastectomy.

2. If reconstructive surgery is begun within 3 years after a mastectomy, the amount of the benefits for that surgery must equal those amounts provided at the time of the mastectomy. If the surgery is begun more than 3 years after the mastectomy, the benefits provided are subject to all the terms, conditions and exclusions relating to those benefits at the time of the reconstructive surgery.

3. For the purposes of this section, “reconstructive surgery” means a surgical procedure performed following a mastectomy on one breast or both breasts to re-establish symmetry between the two breasts. The term includes, but is not limited to, augmentation mammoplasty, reduction mammoplasty and mastopexy.

(Added to NRS by 1983, 617 ; A 1989, 1891 )

NRS 608.1575 Benefits for health care: Services provided by certain nurses.

1. If an employer provides health benefits for his or her employees which include coverage for services which are within the authorized scope of practice of a registered nurse who is authorized pursuant to chapter 632 of NRS to perform additional acts in an emergency or under other special conditions as prescribed by the State Board of Nursing, and which are reimbursed when provided by another provider of health care, the employees are entitled to reimbursement for services provided by such a registered nurse.

2. The benefits provided by the employer must not limit:

(a) Coverage for services provided by such a registered nurse to a number of occasions less than for services provided by another provider of health care.

(b) Reimbursement for services provided by such a registered nurse to an amount less than that reimbursed for similar services provided by another provider of health care.

3. The employer is not required to pay for services provided by such a registered nurse which duplicate services provided by another provider of health care.

(Added to NRS by 1985, 1450 )

NRS 608.1576 Benefits for health care: Prompt enrollment and restrictions on termination of enrollment of child; withholding of employee’s wages; remedies are cumulative. If an employer provides benefits for health care to his or her employees and the benefits include coverage of the employee’s family, the employer shall:

1. Permit an employee who is required by the order of a court or administrative tribunal to provide health coverage for his or her child to enroll the child for coverage as a member of the employee’s family without regard to a restriction on periods of enrollment applicable to the employee.

2. If the parent so required is enrolled for coverage but does not apply to enroll the child, permit the child’s other parent or the Division of Welfare and Supportive Services of the Department of Health and Human Services to enroll the child.

3. Not terminate the enrollment of the child in that coverage or otherwise eliminate that coverage of the child unless the insurer has written proof that:

(a) The order for medical coverage is no longer in effect; or

(b) The child is or will be enrolled in comparable coverage through another insurer on or before the effective date of the termination of enrollment or elimination of coverage.

4. Withhold from the employee’s wages, and pay to the insurer if the employer is not self-insured, the employee’s share, if any, of the cost of the coverage provided for the child but not more than the amount of withholding for insurance permitted by federal law or regulation.

Ê The purpose of this section is to ensure that children are promptly enrolled in a program of health insurance provided by the responsible parent and that the health insurance is maintained. The remedies provided in this section are cumulative and in addition to any other remedy provided by law to the extent they are not inconsistent with the provisions of NRS 33.035 and chapters 31A , 125B , 130 and 425 of NRS.

(Added to NRS by 1995, 2426 ; A 2003, 1756 )

NRS 608.1577 Notices to employees: Acceptance of, change in or termination of benefits; change of insurer; nonpayment of premium.

1. An employer shall notify his or her employees of the employer’s intent to accept a policy of group life, dental or health insurance which covers the employees.

2. If an employer is the policyholder of a policy of group life, dental or health insurance which covers his or her employees, the employer shall notify the insurer and employees of his or her intent to terminate, reduce or modify substantially any benefit under the policy, or to change insurers.

3. If an employer is the policyholder or contract holder under a policy or contract issued pursuant to chapter 689B , 695A , 695B , 695C , 695D or 695F of NRS, or NRS 689C.015 to 689C.590 , inclusive, and which provides benefits for his or her employees, the employer shall, if applicable, notify the employees of:

(a) The employer’s inability to pay a premium when due; and

(b) The employer’s intention to stop paying premiums.

4. Any notice required pursuant to this section must be:

(a) Given at least 15 days before the:

(1) Acceptance of, change in or termination of benefits or insurers; or

(2) Next unpaid premium is due; and

(b) Conspicuously posted at the place of employment or given in another manner which ensures that all employees will receive the information.

(Added to NRS by 1985, 1061 ; A 1989, 1255 ; 1993, 1982 ; 1995, 2683 ; 1997, 2962 )

1. If an employer is the policyholder of a policy of group life or health insurance which covers his or her employees, the employer shall notify the employees of his or her inability to pay a premium when due or of his or her intention to stop paying premiums. The notice must be:

(a) Given at least 10 days before the coverage will cease; and

2. In addition to any other remedy or penalty provided in this chapter, an employer is liable to an employee for any money deducted from the employee’s wages for the payment of premiums on a policy of group life or health insurance if the money was not so used.

3. In addition to any other remedy or penalty provided in this chapter, if:

(a) An employer knowingly and willfully stops paying premiums on a policy of group life or health insurance and fails to give proper and timely notice to his or her employees pursuant to subsection 1; and

(b) One or more of the employees, after coverage under the policy ceases and before they are given notice that the employer has stopped paying premiums, incur claims for benefits which those employees would have received under the policy had their coverage not ceased,

Ê the employer is liable to those employees for the amount of the claims incurred, except that the employer’s total liability for all such claims combined must not exceed the amount of the premiums, calculated on a monthly basis, that the employer would have been required to pay under the policy to provide coverage for those employees during the period in which the claims were incurred by the employees.

4. If the Labor Commissioner brings an action pursuant to subsection 3 against an employer on behalf of the employees, any money recovered by the Labor Commissioner must be distributed on a pro rata basis among the employees who have claims against the employer, except that no employee may recover more than the total amount of all claims that the employee has against the employer. If the amount of money recovered by the Labor Commissioner exceeds the total amount of all claims from all employees, the excess amount must be deposited in the State General Fund.

(Added to NRS by 1983, 1890 ; A 1985, 1062 ; 2005, 203 )

NRS 608.1585 Notice to employee upon termination of employment of right to be issued insurance to replace group policy. If an employer is the policyholder of a policy of group life or health insurance which covers his or her employees, the employer shall give each employee upon the termination of employment written notice of his or her right to be issued by the insurer a policy of life or health insurance to replace the group policy.

(Added to NRS by 1985, 1062 )

NRS 608.160 Taking or making deduction on account of tips or gratuities unlawful; employees may divide tips or gratuities among themselves.

1. It is unlawful for any person to:

(a) Take all or part of any tips or gratuities bestowed upon the employees of that person.

(b) Apply as a credit toward the payment of the statutory minimum hourly wage established by any law of this State any tips or gratuities bestowed upon the employees of that person.

2. Nothing contained in this section shall be construed to prevent such employees from entering into an agreement to divide such tips or gratuities among themselves.

[1:17:1939; 1931 NCL § 2826] + [2:17:1939; 1931 NCL § 2827]—(NRS A 1967, 623 ; 1971, 1263 ; 1973, 644 )

NRS 608.165 Special uniforms, accessories and cleaning to be furnished without cost to employee. All uniforms or accessories distinctive as to style, color or material shall be furnished, without cost, to employees by their employer. If a uniform or accessory requires a special cleaning process, and cannot be easily laundered by an employee, such employee’s employer shall clean such uniform or accessory without cost to such employee.

NRS 608.170 Assignment of wages void against judgment creditors; prima facie evidence of fraud. Every assignment of wages, salary or earnings made within the State of Nevada by any person against whom there is, at the time such assignment is made, an unsatisfied judgment for debt on the records of any court within the State of Nevada shall be prima facie evidence of fraud, and shall be void as against the judgment creditors of the person making such an assignment.

[1:94:1917; A 1939, 248 ; 1931 NCL § 1550]

NRS 608.180 Enforcement of NRS 608.005 to 608.195 , inclusive, and 608.215 ; prosecution. The Labor Commissioner or the representative of the Labor Commissioner shall cause the provisions of NRS 608.005 to 608.195 , inclusive, and 608.215 to be enforced, and upon notice from the Labor Commissioner or the representative:

1. The district attorney of any county in which a violation of those sections has occurred;

2. The Deputy Labor Commissioner, as provided in NRS 607.050 ;

3. The Attorney General, as provided in NRS 607.160 or 607.220 ; or

4. The special counsel, as provided in NRS 607.065 ,

Ê shall prosecute the action for enforcement according to law.

[7:71:1919; 1919 RL p. 2777; NCL § 2781]—(NRS A 1975, 1585 ; 1987, 1735 ; 1997, 195 , 3162 ; 1999, 1115 ; 2003, 795 ; 2017, 1213 , 1431 , 3178 , 4180 ; 2019, 3754 ; 2021, 1024 )

NRS 608.190 Willful failure or refusal to pay wages due prohibited. A person shall not willfully refuse or neglect to pay the wages due and payable when demanded as provided in this chapter, nor falsely deny the amount or validity thereof or that the amount is due with intent to secure for the person, the person’s employer or any other person any discount upon such indebtedness, or with intent to annoy, harass, oppress, hinder, delay or defraud the person to whom such indebtedness is due.

[6:71:1919; A 1925, 242 ; 1931, 246 ; 1931 NCL § 2780]—(NRS A 1967, 624 ; 1975, 1585 ; 1985, 581 )

NRS 608.195 Criminal and administrative penalties.

1. Except as otherwise provided in NRS 608.0165 , any person who violates any provision of NRS 608.005 to 608.195 , inclusive, or 608.215 , or any regulation adopted pursuant thereto, is guilty of a misdemeanor.

2. In addition to any other remedy or penalty, the Labor Commissioner may impose against the person an administrative penalty of not more than $5,000 for each such violation.

(Added to NRS by 1975, 1584 ; A 1985, 581 ; 1987, 1736 ; 1999, 1115 ; 2003, 795 ; 2017, 1213 , 1431 , 3178 , 4180 ; 2019, 3754 ; 2021, 1024 )

NRS 608.200 Underground mines and workings; criminal and administrative penalties.

1. Except as otherwise provided in this section, the period of employment for all persons who are employed, occupied or engaged in work or labor of any kind or nature in underground mines or underground workings in search for or in extraction of minerals, whether base or precious, metallic or nonmetallic, or who are engaged in such underground mines or underground workings, or who are employed, engaged or occupied in other underground workings of any kind or nature for the purpose of tunneling, making excavations or to accomplish any other purpose or design, must not exceed 8 hours within any 24 hours. The 8-hour limit applies only to time actually employed in the mine and does not include time consumed for meals or travel into or out of the actual work site. It is unlawful for a person or an agent of the person to hire, contract with or cause any person to work for a period longer than the provisions of this section allow.

2. In cases of emergency where life or property is in danger, the period may be prolonged during the continuance of the emergency.

3. This section does not prevent change in the hours of employment from one part of the day to another at stated periods, nor does it prevent the employment of any of the persons mentioned in this section for more than 8 hours during the day in which a change is made. Such a change in the hours of employment must not occur more than once in any 2 weeks.

4. This section does not preclude a repair or maintenance crew from completing any repair or maintenance work upon which it is engaged at the end of an 8-hour period. This section does not preclude an employee from working a subsequent shift or period thereof in the same 24 hours if no qualified employee is available for relief.

5. If a majority of the employees whose hours are limited by this section agree to a policy proposed by their employer for periods of work in excess of 8 hours in a 24-hour period, the employer may adopt such a policy. The agreement required for such a policy must be evidenced by the results of an election held during regular working hours using secret ballots. All affected employees who are employed by the employer not later than 24 hours before the voting begins are eligible to cast a ballot.

6. Before such an election may be conducted, the employer must hold informational meetings for the affected employees on each shift during the regular working hours of the affected employees. At each such meeting the employer shall explain the effect of the proposed policy on the hours and compensation of the employees. Written notice of these informational meetings must be posted conspicuously in at least three locations throughout the mine site for at least 7 consecutive days before the date of the meetings. The notice must include the time, date, place and purpose of the meetings. Written notice of the time, date, place and purpose of the election must be posted in the same manner and for the same period. Failure to comply with the procedural requirements of this subsection make the results of the election void for the purposes of this section.

7. This section does not apply to employees who are covered by a valid collective bargaining agreement.

8. Any person who willfully violates any provision of subsection 1 or any regulation adopted pursuant thereto is guilty of a misdemeanor.

9. In addition to any other remedy or penalty, the Labor Commissioner may impose against the person an administrative penalty of not more than $5,000 for each such violation.

[1911 C&P § 289; A 1927, 186 ; 1949, 197 ; 1951, 65 ] + [Part 1911 C&P § 291; RL § 6556; NCL § 10239]—(NRS A 1967, 624 ; 1993, 821 ; 2003, 796 )

NRS 608.215 Domestic service employees; agreements to exclude certain periods from wages; calls to duty; maintenance of records.

1. If a domestic service employee resides in the household where he or she works, the employer and domestic service employee may agree in writing to exclude from the wages of the domestic service employee:

(a) Periods for meals if the period for meals is at least one-half hour for each meal;

(b) Periods for sleep if the period for sleep excluded from the wages of the domestic service employee does not exceed 8 hours; and

(c) Any other period of complete freedom from all duties during which the domestic service employee may either leave the premises or stay on the premises for purely personal pursuits. To be excluded from the wages of the domestic service employee pursuant to this paragraph, a period must be of sufficient duration to enable the domestic service employee to make effective use of the time.

2. If a period excluded from the wages of the domestic service employee pursuant to this section is interrupted by a call to duty by the employer, the interruption must be counted as hours worked for which compensation must be paid.

3. An agreement pursuant to this section may be used to establish the total hours of employment of a domestic service employee in a pay period in lieu of maintaining precise records of the number of hours worked per day. The employer shall keep a copy of the agreement and indicate in the record of wages pursuant to NRS 608.115 that the work time of the domestic service employee generally coincides with the agreement. If it is found by the parties that there is a significant deviation from the initial agreement, a separate record must be kept for the period in which the deviation occurs or a new agreement must be reached that reflects the actual facts.

(Added to NRS by 2017, 4178 )

NRS 608.250 Requirement of employer to pay; incremental annual increase; penalty.

1. Each employer shall pay to each employee of the employer a wage of not less than:

(a) Beginning July 1, 2019:

(1) If the employer offers health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution, $7.25 per hour worked.

(2) If the employer does not offer health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution, $8.25 per hour worked.

(b) Beginning July 1, 2020:

(1) If the employer offers health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution, $8.00 per hour worked.

(2) If the employer does not offer health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution, $9.00 per hour worked.

(1) If the employer offers health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution, $8.75 per hour worked.

(2) If the employer does not offer health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution, $9.75 per hour worked.

(d) Beginning July 1, 2022:

(1) If the employer offers health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution, $9.50 per hour worked.

(2) If the employer does not offer health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution, $10.50 per hour worked.

(e) Beginning July 1, 2023:

(1) If the employer offers health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution, $10.25 per hour worked.

(2) If the employer does not offer health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution, $11.25 per hour worked.

(f) Beginning July 1, 2024:

(1) If the employer offers health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution, $11.00 per hour worked.

(2) If the employer does not offer health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution, $12.00 per hour worked.

2. It is unlawful for any person to employ, cause to be employed or permit to be employed, or to contract with, cause to be contracted with or permit to be contracted with, any person for a wage less than that established by this section.

(Added to NRS by 1965, 696 ; A 1969, 724 ; 1973, 1375 ; 1975, 500 , 1582 ; 1977, 1372 ; 1987, 1190 ; 1989, 1803 ; 1993, 1803 ; 2001, 564 ; 2019, 3747 )

NRS 608.255 Relationships which do not constitute employment relationships for purposes of minimum wage. For the purposes of this chapter and any other statutory or constitutional provision governing the minimum wage paid to an employee, the following relationships do not constitute employment relationships and are therefore not subject to those provisions:

1. The relationship between a provider of jobs and day training services which is recognized as exempt pursuant to the provisions of 26 U.S.C. § 501(c)(3) and which has been issued a certificate by the Division of Public and Behavioral Health of the Department of Health and Human Services pursuant to NRS 435.130 to 435.310 , inclusive, and a person with an intellectual disability or a person with a developmental disability participating in a jobs and day training services program.

2. The relationship between a principal and an independent contractor.

3. As used in this section, “developmental disability” has the meaning ascribed to it in NRS 435.007 .

(Added to NRS by 2007, 541 ; A 2009, 2241 ; 2013, 698 , 3066 ; 2015, 1744 ; 2017, 265 , 2831 )

NRS 608.258 Provision of health benefits by employer for purposes of determining amount of minimum wage. For the purpose of determining the minimum wage that may be paid per hour to an employee in private employment pursuant to Section 16 of Article 15 of the Nevada Constitution and NRS 608.250 , an employer:

1. Provides health benefits as described in Section 16 of Article 15 of the Nevada Constitution only if the employer makes available to the employee and the employee’s dependents:

(a) At least one health benefit plan that provides:

(1) Coverage for services in each of the following categories and the items and services covered within the following categories:

(I) Ambulatory patient services;

(II) Emergency services;

(III) Hospitalization;

(IV) Maternity and newborn care;

(V) Mental health and substance use disorder services, including, without limitation, behavioral health treatment;

(VI) Prescription drugs;

(VII) Rehabilitative and habilitative services and devices;

(VIII) Laboratory services;

(IX) Preventative and wellness services and chronic disease management;

(X) Pediatric services, which are not required to include oral and vision care; and

(XI) Any other health care service or coverage level required to be included in an individual or group health benefit plan pursuant to any applicable provision of title 57 of NRS; and

(2) A level of coverage that is designed to provide benefits that are actuarially equivalent to at least 60 percent of the full actuarial value of the benefits provided under the plan; or

(b) Health benefits pursuant to a Taft-Hartley trust which is formed pursuant to 29 U.S.C. § 186(c)(5) and qualifies as an employee welfare benefit plan pursuant to:

(1) The Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001 et seq.; or

(2) The provisions of the Internal Revenue Code; and

2. Does not provide health benefits as described in Section 16 of Article 15 of the Nevada Constitution if the employer makes available to the employee and the employee’s dependents a hospital-indemnity insurance plan or fixed-indemnity insurance plan unless the employer separately makes available to the employee and the employee’s dependents at least one health benefit plan that complies with the requirements of subsection 1.

3. As used in this section, “health benefit plan” has the meaning ascribed to it in NRS 687B.470 .

(Added to NRS by 2019, 536 )

NRS 608.260 Action by employee against employer; limitation of action; remedies and award to prevailing employee.

1. If any employer pays any employee a lesser amount than the minimum wage set forth in NRS 608.250 or, if applicable, the minimum wage established by regulation of the Director of the Department of Health and Human Services pursuant to NRS 608.670 , the employee may, at any time within 2 years, bring a civil action against the employer. A contract between the employer and the employee or any acceptance of a lesser wage by the employee is not a bar to the action.

2. If the employee prevails in a civil action brought pursuant to subsection 1:

(a) The employee is entitled to all remedies available under the law or in equity appropriate to remedy the violation by the employer which may include, without limitation, back pay, damages, reinstatement or injunctive relief; and

(b) The court must award the employee reasonable attorney’s fees and costs.

(Added to NRS by 1965, 696 ; A 1975, 1585 ; 1977, 1374 ; 2001, 565 ; 2019, 3749 ; 2021, 3660 )

NRS 608.270 Duties of Labor Commissioner and district attorneys; regulations.

1. The Labor Commissioner shall:

(a) Administer and enforce the provisions of NRS 608.250 and 608.670 ;

(b) Adopt any regulations necessary to carry out the duties set forth in paragraph (a); and

(c) Furnish the district attorney of any county or the Attorney General all data and information concerning violations of the provisions of NRS 608.250 or 608.670 , occurring in the county coming to the attention of the Labor Commissioner.

2. Each district attorney shall, if a complaint is made to him or her by the Labor Commissioner or by any aggrieved person, prosecute each violation of the provisions of NRS 608.250 or 608.670 that occurs in the district attorney’s county. If any such district attorney fails, neglects or refuses for 20 days to commence a prosecution for a violation of the provisions of NRS 608.250 or 608.670 , after being furnished data and information concerning the violation, and diligently to prosecute the same to conclusion, the district attorney is guilty of a misdemeanor, and in addition thereto must be removed from office.

(Added to NRS by 1965, 696 ; A 1967, 626 ; 2001, 565 ; 2019, 3749 ; 2021, 3660 )

NRS 608.280 Proceedings against district attorney to be instituted by Attorney General. When a complaint is made to the Attorney General by the Labor Commissioner or by an aggrieved person that any district attorney has been guilty of a willful violation of NRS 608.270 , the Attorney General shall make an investigation of the complaint, and if, after such investigation, the Attorney General is of the opinion that the complaint is well founded, the Attorney General shall institute proceedings against the district attorney for the enforcement of the penalties provided in NRS 608.270 .

(Added to NRS by 1965, 697 ; A 1967, 806 )

NRS 608.290 Criminal and administrative penalties.

1. Any person who violates any provision of NRS 608.250 or 608.670 or any regulation adopted pursuant thereto is guilty of a misdemeanor.

(Added to NRS by 1965, 697 ; A 1967, 626 ; 2003, 797 ; 2021, 3661 )

NRS 608.300 Definitions. As used in NRS 608.300 to 608.330 , inclusive, unless the context otherwise requires:

1. “Artist” means an actor, actress, musician, dancer or athlete.

2. “Production” means a stage production, concert, trade show, exhibition, convention or sporting event. The term includes the technical personnel used to create and produce the production.

3. “Producer-promoter-employer” means a natural person who, or a firm, association or corporation which, supervises or finances a production or attempts to organize a production.

(Added to NRS by 1973, 1115 ; A 1995, 1027 ; 1997, 2480 ; 1999, 3115 )

NRS 608.310 Producer-promoter-employer required to obtain permit; application; fee; exceptions.

1. Except as otherwise provided in subsection 4, a producer-promoter-employer intending to do business in this State must obtain a permit from the Labor Commissioner.

2. An application for the permit required by subsection 1 must contain information concerning:

(a) The applicant’s name and permanent address;

(b) The financing for the production;

(c) The type of production intended by the applicant, the number of artists, technical personnel and other persons required for the production and where the applicant intends to exhibit the production; and

(d) Such other information as the Labor Commissioner may require by regulation for the protection of persons associated with the entertainment industry.

3. The Labor Commissioner may by regulation require a reasonable fee for processing an application.

4. The provisions of this section do not apply to any producer-promoter-employer who produces proof to the Labor Commissioner or, in a county whose population is 700,000 or more, produces proof to the department or agency within that county which is authorized to issue business licenses on behalf of the county that the producer-promoter-employer:

(a) Has been in the business of a producer-promoter-employer in this State for the 5-year period immediately preceding the filing of the application and has had no successful wage claim filed with the Labor Commissioner during that period;

(b) Has sufficient tangible assets in this State which, if executed upon, would equal or exceed the amount of bond required; or

(Added to NRS by 1973, 1115 ; A 1995, 1027 ; 1997, 2480 ; 1999, 3115 ; 2011, 1299 )

NRS 608.320 Producer-promoter-employer required to post bond to secure payment of wages in certain circumstances; amount of bond; conditions of bond. A producer-promoter-employer required by NRS 608.310 to obtain a permit from the Labor Commissioner must, before being granted the permit, post a bond with:

1. The Labor Commissioner; or

2. In a county whose population is 700,000 or more, with the department or agency within that county which is authorized to issue business licenses on behalf of the county,

Ê in the amount of at least twice the average weekly wages to be paid by the producer-promoter-employer to persons to be employed in the production. Except as otherwise provided in this section, the bond must be conditioned on the payment of all wages due all artists, technical personnel and other persons employed in the production upon the cessation of the production or upon the subrogation of another for the liabilities of the producer-promoter-employer, if that subrogation is satisfactory to the Labor Commissioner. The bond need not be conditioned upon the payment of any wages due to the persons who are the celebrity headliners in the production or the executive personnel, managers or supervisors.

(Added to NRS by 1973, 1116 ; A 1995, 1028 ; 1997, 2482 ; 2011, 1300 )

NRS 608.330 Criminal and administrative penalties.

1. Any person who violates any provision of NRS 608.300 to 608.330 , inclusive, or any regulation adopted pursuant thereto is guilty of a misdemeanor.

(Added to NRS by 1979, 346 ; A 1997, 2482 ; 1999, 3116 ; 2003, 797 )

NRS 608.400 Misclassification prohibited; administrative penalties; notice and opportunity for hearing.

1. An employer shall not:

(a) Through means of coercion, misrepresentation or fraud, require a person to be classified as an independent contractor or form any business entity in order to classify the person as an independent contractor; or

(b) Willfully misclassify or otherwise willfully fail to properly classify a person as an independent contractor.

2. In addition to any other remedy or penalty provided by law, the Labor Commissioner may impose an administrative penalty against an employer who misclassifies a person as an independent contractor or otherwise fails to properly classify a person as an employee of the employer. An administrative penalty imposed pursuant to this section must be:

(a) For a first offense committed by an employer who unintentionally misclassifies or otherwise fails to properly classify a person as an employee of the employer, a warning issued to the employer by the Labor Commissioner.

(b) For a first offense committed by an employer who willfully misclassifies or otherwise willfully fails to properly classify a person as an employee of the employer, a fine of $2,500 for the first incident of willfully misclassifying or willfully failing to properly classify one or more persons as an employee of the employer imposed by the Labor Commissioner.

(c) For a second or subsequent offense, a fine of $5,000 for each employee who was willfully misclassified imposed by the Labor Commissioner.

3. Before the Labor Commissioner may enforce an administrative penalty against an employer for misclassifying or otherwise failing to properly classify an employee of the employer pursuant to this section, the Labor Commissioner must provide the employer with notice and an opportunity for a hearing as set forth in NRS 607.207 . The Labor Commissioner may impose an administrative penalty as set forth in subsection 2 if the Labor Commissioner finds that:

(a) The employer misclassified a person as an independent contractor; or

(b) The employer otherwise failed to properly classify a person as an employee of the employer.

(Added to NRS by 2019, 3158 )

NRS 608.410 Liability of employer for misclassification; complaint; conduct of hearing; judicial review.

1. An employer who is found after a hearing conducted in accordance with subsection 3 to have misclassified a person as an independent contractor is liable to such person for lost wages, benefits or other economic damages to make the person whole.

2. A person may file a complaint alleging the misclassification of the person as an independent contractor with the Labor Commissioner. The Labor Commissioner shall make a determination on the allegations of the complaint within 120 days after receipt of the complaint. If the Labor Commissioner finds that an employer misclassified an employee as an independent contractor, the Labor Commissioner may impose the penalties set forth in subsection 1.

3. A hearing conducted pursuant to this section must be held in accordance with chapter 233B of NRS.

4. Each party to a hearing conducted pursuant to this section may petition for judicial review of the decision of the Labor Commissioner in the manner provided by chapter 233B of NRS.

(Added to NRS by 2019, 3159 )

NRS 608.500 Definitions. As used in NRS 608.500 to 608.690 , inclusive, unless the context otherwise requires, the words and terms defined in NRS 608.510 to 608.600 , inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 2021, 3655 )

NRS 608.510 “Agency to provide personal care services in the home” defined. “Agency to provide personal care services in the home” has the meaning ascribed to it in NRS 449.0021 .

NRS 608.520 “Director” defined. “Director” means the Director of the Department of Health and Human Services.

NRS 608.530 “Home care employee” defined.

1. “Home care employee” means a person who provides:

(a) Personal care services through a home care program as an employee of a home care employer that is an agency to provide personal care services in the home;

(b) Personal assistance through a home care program as a personal assistant for whom a home care employer that is an intermediary service organization is the employer of record; or

(c) Temporary respite services through a home care program as an employee of a home care employer that has entered into a contract with the Aging and Disability Services Division of the Department of Health and Human Services to provide such services.

2. As used in this section, “personal assistant” has the meaning ascribed to it in NRS 449.4308 .

NRS 608.540 “Home care employer” defined. “Home care employer” means:

1. An agency to provide personal care services in the home that has entered into a contract with a state agency or local government to provide personal care services under a home care program;

2. An intermediary service organization that has entered into a contract with a state agency or local government to provide services relating to personal assistance under a home care program; or

3. A person or agency who has entered into a contract with the Aging and Disability Services Division of the Department of Health and Human Services to provide temporary respite services under a home care program.

NRS 608.550 “Home care employment standards board” defined. “Home care employment standards board” means a board established by the Director pursuant to NRS 608.610 or 608.660 .

NRS 608.560 “Home care program” defined.

1. “Home care program” means a program established by a state agency or a local government which provides in the home personal care services, personal assistance or temporary respite services to elderly persons or persons with disabilities.

2. The term includes, without limitation:

(a) Any program established under the State Plan for Medicaid which provides, in the home, the services described in subsection 1.

(b) Any program established pursuant to NRS 427A.250 to 427A.280 , inclusive.

(d) The program established pursuant to NRS 427A.793 .

NRS 608.570 “Intermediary service organization” defined. “Intermediary service organization” has the meaning ascribed to it in NRS 449.4304 .

NRS 608.580 “Personal assistance” defined. “Personal assistance” has the meaning ascribed to it in NRS 449.4308 .

(Added to NRS by 2021, 3656 )

NRS 608.590 “Personal care services” defined. “Personal care services” means the services described in NRS 449.1935 .

NRS 608.600 “Temporary respite services” defined. “Temporary respite services” has the meaning ascribed to it in NRS 449.0021 .

NRS 608.610 Home care employment standards board: Establishment; appointment; service without compensation; quorum; meetings.

1. If the Director determines that it is necessary or upon the petition of 50 or more home care employees, the Director shall establish a home care employment standards board to conduct an investigation and develop recommendations as provided in NRS 608.640 .

2. A home care employment standards board must consist of:

(a) The Director or his or her designee, who serves as Chair and a nonvoting member; and

(b) The following voting members:

(1) The Labor Commissioner;

(2) Three representatives of home care employers, appointed by the Director;

(3) Three representatives of home care employees, appointed by the Director; and

(4) Three persons who receive or are representatives of persons who receive services from a home care employee, appointed by the Director.

3. The Director shall appoint the members of a home care employment standards board pursuant to subparagraphs (2), (3) and (4) of paragraph (b) of subsection 2 after providing public notice and soliciting applications for the appointment of such members.

4. The members of a home care employment standards board serve without compensation.

5. A majority of the voting members of a home care employment standards board constitutes a quorum to transact business, and a majority of a quorum present at any meeting is sufficient to approve any recommendation of such a board.

6. A home care employment standards board shall meet at the times and places specified by a call of the Chair. A home care employment standards board shall meet as often as necessary to accomplish the duties set forth in NRS 608.640 , but not less than once each calendar quarter.

NRS 608.620 Duty of Director to meet with representatives of petitioners to discuss matters relating to wages, working conditions and compliance with laws. If the Director establishes a home care employment standards board upon the petition of 50 or more home care employees pursuant to NRS 608.610 , the Director or his or her designee shall, not later than 30 days after the receipt of the petition, meet with representatives of the persons who submitted the petition and discuss matters relating to the wages and working conditions of home care employees in this State and the compliance of home care employers with applicable federal, state and local laws.

NRS 608.630 Home care employment standards board: Director to fix date for first meeting; Director and Labor Commissioner to conduct preliminary investigation and present results.

1. As soon as practicable after the appointment of the members of a home care employment standards board pursuant to NRS 608.610 , the Director shall fix a date for the first meeting of the board. If a home care employment standards board is established upon the petition of 50 or more home care employees pursuant to NRS 608.610 , the first meeting of the board must be held not later than 60 days after the date of the meeting described in NRS 608.620 .

2. Before the first meeting of a home care employment standards board, the Director and the Labor Commissioner shall conduct a preliminary investigation into the wages and working conditions of home care employees in this State and the compliance of home care employers with applicable federal, state and local laws. The Director and the Labor Commissioner shall coordinate with the Aging and Disability Services Division of the Department, the Division of Health Care Financing and Policy of the Department and the Division of Public and Behavioral Health of the Department as necessary to complete the investigation.

3. The Director and the Labor Commissioner shall present the results of the preliminary investigation conducted pursuant to subsection 2 to the home care employment standards board at the first meeting of the board.

4. As used in this section, “Department” means the Department of Health and Human Services.

1. A home care employment standards board shall:

(a) Conduct an investigation into matters relating to the wages and working conditions of home care employees in this State and the compliance of home care employers with applicable federal, state and local laws; and

(b) Based on the investigation conducted pursuant to paragraph (a), develop recommendations regarding:

(1) The minimum wage that may be paid to a home care employee in this State; or

(2) Safe and healthful working conditions for home care employees.

2. A home care employment standards board shall determine the scope of its investigation conducted pursuant to paragraph (a) of subsection 1 and the specific matters into which it will inquire, which may include, without limitation:

(a) The adequacy of wage rates and other compensation policies of home care employers to ensure the provision of quality services and sufficient levels of recruitment and retention of home care employees;

(b) The sufficiency of levels of recruitment and retention of home care employees;

(d) The adequacy and enforcement of training requirements for home care employees;

(e) The impact of home care programs, the larger system for long-term care in this State and any efforts to reach the goal of rebalancing long-term care services toward home and community-based services on the wages and working conditions of home care employees;

(f) The impact of systemic racism and economic injustice on home care employees and the adequacy of efforts to alleviate such impact through the development of career paths through partnerships between labor and management and other methods; and

(g) The adequacy of payment practices and policies of the State as such practices and policies relate to the reimbursement of home care employers for the provision of services under a home care program.

3. In conducting the investigation pursuant to paragraph (a) of subsection 1, a home care employment standards board shall have the power to administer oaths, take testimony thereunder and issue subpoenas for the attendance of witnesses and the production of books, papers and any other materials relevant to the investigation.

4. A home care employment standards board may request information relevant to the investigation conducted pursuant to paragraph (a) of subsection 1 directly from any state agency. A state agency that receives a reasonable request for information from a home care employment standards board shall comply with the request as soon as is reasonably practicable after receiving the request.

5. A home care employment standards board may request direct testimony from any state agency at a meeting of the board. The head, or a designee thereof, of a state agency who receives a reasonable request for direct testimony at a meeting of a home care employment standards board shall appear at the meeting and shall comply with the request.

6. Not later than 1 year after the date of the first meeting of a home care employment standards board, the board shall submit to the Director a report of its findings and recommendations.

(Added to NRS by 2021, 3657 )

NRS 608.650 Director to make report of findings and recommendations by home care employment standards board available on Internet website. The Director shall make any report submitted by a home care employment standards board pursuant to NRS 608.640 available on an Internet website maintained by the Director.

(Added to NRS by 2021, 3658 )

NRS 608.660 Director to review findings and recommendations of home care employment standards board. Upon receipt of a report submitted by a home care employment standards board pursuant to subsection 6 of NRS 608.640 , the Director shall review the findings and each recommendation contained in the report. The Director may:

1. Approve or disapprove any recommendation;

2. Require the home care employment standards board that submitted the report to conduct a new investigation and develop new recommendations in accordance with NRS 608.640 ; or

3. Establish a new home care employment standards board in the manner provided in NRS 608.610 to conduct a new investigation and develop new recommendations in accordance with NRS 608.640 .

NRS 608.670 Regulations.

1. If the Director approves a recommendation contained in a report submitted by a home care employment standards board pursuant to subsection 6 of NRS 608.640 , the Director shall adopt regulations necessary to:

(a) Establish the minimum wage recommended by the home care employment standards board as the minimum wage which may be paid to a home care employee in this State; or

(b) Provide for safe and healthful working conditions for home care employees in accordance with the recommendation of the home care employment standards board.

2. If the Director adopts regulations establishing the minimum wage which may be paid to a home care employee pursuant to paragraph (a) of subsection 1, the Director may also adopt any regulations concerning the payment of overtime to a home care employee which the Director deems appropriate and which are consistent with federal law.

NRS 608.680 Unlawful to pay wage less than minimum established by regulation of the Director. If the Director adopts regulations establishing the minimum wage which may be paid to a home care employee pursuant to NRS 608.670 :

1. Each home care employer shall pay to each home care employee of the employer a wage of not less than the minimum wage established by regulation of the Director pursuant to NRS 608.670 .

2. It is unlawful for a home care employer to employ, cause to be employed or permit to be employed, or to contract with, cause to be contracted with or permit to be contracted with, any home care employee for a wage less than that established by regulation of the Director pursuant to NRS 608.670 .

NRS 608.690 Unlawful acts; penalty.

1. It is unlawful for a home care employer in this State to discharge, discipline, discriminate against in any manner or deny employment or promotion to, or threaten to take any such action against, a home care employee because:

(a) The home care employee serves as a member of a home care employment standards board;

(b) The home care employee has actively participated in the formation of a home care employment standards board;

(c) The home care employee has testified or is about to testify in an investigation conducted by a home care employment standards board;

(d) The home care employee has engaged in any other activity related to the formation or activities of a home care employment standards board; or

(e) The home care employer believes that the home care employee may engage in any of the activities described in paragraphs (a) to (d), inclusive.

2. A home care employer who violates the provisions of subsection 1 is guilty of a misdemeanor and shall be punished by a fine of not more than $1,000.

(Added to NRS by 2021, 3659 )

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Nevada Wage Garnishment Calculator (2024 update)

You may have received a garnishment notice from your employer and wonder whether a wage garnishment calculator can help you estimate how much you will be garnished in Nevada.

Wage garnishment in Nevada is different from many other states, so how much will you be garnished?

Below is the Nevada wage garnishment that estimates how much you may be garnished. You can also compare 3 different options, how to stop wage garnishment, and the cost of those options.

The calculator is free and does not even require an email address unless you’d like a free review of the data. Please note that this Nevada garnishment calculator is an estimate based on the laws below and may be different from the actual garnishment amount.

How Wage Garnishment in Nevada is Calculated

There are some states that do not allow wage garnishment, so those would not be in the calculator. Here are the specific Nevada wage garnishment laws that are factored into the NV wage garnishment calculator above.

"This amount must not exceed 18% of the disposable earnings if the employee’s gross weekly salary or wage on the date the most recent writ of garnishment was issued was $770 or less, or 25% of the disposable earnings if the employee’s gross weekly salary or wage on the date the most recent writ of garnishment was issued exceeded $770."

Would the Garnishment Calculator Results be the Same in Las Vegas as Reno?

Let’s say that Las Vegas has a higher minimum wage than Reno or even that of Nevada. For example, Nevada minimum wage is $10.50. Could the calculation be different?

Many states take into consideration the federal minimum wage, and some states such as Maine may take into consideration state minimum wage, but that doesn’t mean the Nevada wage garnishment calculator would be different.

How Do Employers Calculate Wage Garnishment in Nevada?

Employers in Nevada may use the employer wage garnishment calculator to help estimate the garnishments amount for employees. Please note that the calculator feels a bit complex and not as simple to use.

Understanding Nevada Higher Order Priority in the Calculation

First, the creditor requests a writ of execution from the Nevada court. Check an example Nevada writ of execution . Next, the court attaches an earnings withholdings to the write, which authorizes your employer to hold back money from your earnings.

Let’s say you have multiple earning withholding orders in Nevada that could include child support or alimony. Here’s the specific priority for the garnishment calculation in Nevada:

Wage and Earnings Assignment Order for Support
Earnings Withholding for Support
Earnings Withholding for Taxes
Earnings Withholding for Elder or Dependent Adult Financial Abuse
Earnings Withholding Order

Now that we understand how the wage garnishment calculator works, let’s talk about how to stop wage garnishment in Nevada.

Options to Stop Wage Garnishment in Nevada

There are a few options that you can pursue to potentially stop a wage garnishment. The wage garnishment calculator provides the option to compare your different options to stop a garnishment.

File an Objection or Exemption

First, you can try to object to the wage garnishment. When you receive your garnishment documents, you can find instructions on how to object to the garnishment including filing deadlines. If not, you can reach out to the clerk of the court or contact a lawyer to help.

You may also attempt to claim an exemption to the garnishment in some states as well.

In Nevada, you’d file this garnishment exemption form to request an exemption from your garnishment. Please note that this may be difficult to receive.

File For Bankruptcy

Filing for bankruptcy in Nevada may eliminate a wage garnishment a judgment related to unpaid debt, especially in those instances when individuals are already living paycheck to paycheck. There are two common consumer bankruptcies to consider.

Chapter 7 Bankruptcy

A Chapter 7 bankruptcy in Nevada is the most affordable and most common bankruptcy in the United States. It is also the fastest, but you could lose assets if the equity that you own in that assets is about the Nevada bankruptcy exemptions .

You also may have to qualify via the Nevada bankruptcy means test. Below are the Nevada median income guidelines for bankruptcy cases filed on or after May 15, 2022. Please note you would add an additional $9,900 for household sizes greater than 9.

Chapter 13 Bankruptcy

A Chapter 13 bankruptcy in Nevada is a payment plan based bankruptcy. It often lasts 3 or 5 years, and you can often protect your assets in bankruptcy even if they are above the exemption. You may consider a Chapter 13 bankruptcy if some of the payments from the wage garnishment would not be discharged in a Chapter 7 bankruptcy.

If you are considering a Chapter 13 bankruptcy in Nevada, you may also want to compare that option to debt settlement. While you don’t have creditor protection in debt settlement, this option can sometimes be cheaper and faster than a Chapter 13 bankruptcy.

How much does it cost to file bankruptcy in Nevada?

You may have taken the wage garnishment calculator and see that it would take out too much of your pay, but now you are wondering whether you could even afford bankruptcy. Thankfully, most attorneys take payment plans for the attorney fees. Some attorneys take most of the Chapter 13 bankruptcy payments in the plan.

While the cost to file bankruptcy in Nevada is less expensive for the Chapter 13 ($313 vs $338), the attorney fees may be triple what you would pay for a Chapter 7 bankruptcy.

Please note that the filing fees can be waived if your income is below certain poverty thresholds. Here’s the Nevada poverty thresholds below.

Negotiate a Settlement

You may attempt to negotiate a settlement if it’s an unpaid debt. That said, the creditor has the upper hand generally in this position, so you may not get a major discount from the owed debt. Realistically, you may not be able to negotiate a settlement or backpay for support such as spousal or child support.

What Should You Do?

One question to consider is whether you can afford the amount being taken from your paycheck and understand the duration of how much will be taken.

For example, let’s say you live in Las Vegas or Henderson and are dealing with rental inflation, gas, and food. Let’s say you aren’t able to afford the garnishment. In that case, someone may consider an option such as bankruptcy.

If you are able to afford the garnishment, others may allow it to run its course or try to negotiate. Regardless, you can take the wage garnishment calculator for Nevada to inform your decision.

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What Is Wage Assignment?

Definition and example of wage assignment, how wage assignment works, wage assignment vs. wage garnishment.

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A wage assignment is when creditors can take money directly from an employee’s paycheck to repay a debt.

Key Takeaways

A wage assignment happens when money is taken from your paycheck by a creditor to repay a debt.
Unlike a wage garnishment, a wage assignment can take place without a court order, and you have the right to cancel it at any time.
Creditors can only take a portion of your earnings. The laws in your state will dictate how much of your take-home pay your lender can take.

A wage assignment is a voluntary agreement to let a lender take a portion of your paycheck each month to repay a debt. This process allows lenders to take a portion of your wages without taking you to court first.

Borrowers may agree to allow a lender to use wage assignments, for example, when they take out payday loans . The wage assignment can begin without a court order, although the laws about how much they can take from your paycheck vary by state.

For example, in West Virginia, wage assignments are only valid for one year and must be renewed annually. Creditors can only deduct up to 25% of an employee’s take-home pay, and the remaining 75% is exempt, including for an employee’s final paycheck.

If you agree to a wage assignment, that means you voluntarily agree to have money taken out of your paycheck each month to repay a debt.

State laws govern how soon a wage assignment can take place and how much of your paycheck a lender can take. For example, in Illinois, you must be at least 40 days behind on your loan payments before your lender can start a wage assignment. Under Illinois law, your creditor can only take up to 15% of your paycheck. The wage assignment is valid for up to three years after you signed the agreement.

Your creditor typically will send a Notice of Intent to Assign Wages by certified mail to you and your employer. From there, the creditor will send a demand letter to your employer with the total amount that’s in default.

You have the right to stop a wage assignment at any time, and you aren’t required to provide a reason why. If you don’t want the deduction, you can send your employer and creditor a written notice that you want to stop the wage assignment. You will still owe the money, but your lender must use other methods to collect the funds.

Research the laws in your state to see what percentage of your income your lender can take and for how long the agreement is valid.

Wage assignment and wage garnishment are often used interchangeably, but they aren’t the same thing. The main difference between the two is that wage assignments are voluntary while wage garnishments are involuntary. Here are some key differences:

Once you agree to a wage assignment, your lender can automatically take money from your paycheck. No court order is required first, but since the wage assignment is voluntary, you have the right to cancel it at any point.

Wage garnishments are the results of court orders, no matter whether you agree to them or not. If you want to reverse a wage garnishment, you typically have to go through a legal process to reverse the court judgment.

You can also stop many wage garnishments by filing for bankruptcy. And creditors aren’t usually allowed to garnish income from Social Security, disability, child support , or alimony. Ultimately, the laws in your state will dictate how much of your income you’re able to keep under a wage garnishment.

Creditors can’t garnish all of the money in your paycheck. Federal law limits the amount that can be garnished to 25% of the debtor’s disposable income. State laws may further limit how much of your income lenders can seize.

Illinois Legal Aid Online. “ Understanding Wage Assignment .” Accessed Feb. 8, 2022.

West Virginia Division of Labor. “ Wage Assignments / Authorized Payroll Deductions .” Accessed Feb. 8, 2022.

U.S. Department of Labor. “ Fact Sheet #30: The Federal Wage Garnishment Law, Consumer Credit Protection Act's Title III (CCPA) .” Accessed Feb. 8, 2022.

Sacramento County Public Law Library. “ Exemptions from Enforcement of Judgments in California .” Accessed Feb. 8, 2022.

District Court of Maryland. “ Wage Garnishment .” Accessed Feb. 8, 2022.

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Wage Garnishment

Wage Garnishment in Nevada

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A wage garnishment order allows creditors to take money directly from your paycheck. Most of the time, this is only possible after a court has entered a judgment. Here's how Nevada regulates wage garnishments.

Written by Upsolve Team . Updated April 21, 2022

If you fall too far behind on a debt, the creditor of that account may pursue legal action against you. If the creditor gets a court judgment, they can garnish your wages until the total amount you owe has been paid. To garnish your wages, they’ll take a portion of your earnings out of your paycheck.

State and federal law limit how much of your disposable earnings creditors can seize and which kinds of income can be garnished. It’s important to understand your rights when it comes to garnishment, how to stop garnishment action, and where to seek legal advice if you need some. This guide will provide you with this important information.

What Is Wage Garnishment?

If you don’t respond to notice of a creditor’s lawsuit against you, the judge assigned to the case will grant the creditor a default judgment . If you choose to fight a lawsuit and lose, the judge will also order a judgment in your creditor’s favor. In either situation, the judgment allows your creditor to seize some of your assets so that your debt can be repaid. When a creditor seizes income from an individual’s paycheck, this process is called wage garnishment.

Wage garnishment procedures are governed by law and subject to numerous restrictions. Your wages may generally only be garnished if a court has granted explicit permission to a creditor.

Who Can Garnish My Wages in Nevada?

A court may grant a judgment to a debt collector, original creditor, or debt buyer. As long as the judgment is valid, the creditor (which may be a credit card company, a debt collector for medical bills, etc.) can garnish your wages to satisfy that judgment. Most creditors are limited by the restrictions explained in this guide. But student loans, federal tax, child support, and alimony debt may be subject to different withholding rules as these are “special creditor” scenarios.

It’s worth noting that Nevada recently passed legislation that expanded the kinds of income that may be garnished to collect overdue child support to include ump sums, unemployment compensation, retirement income, and even disability income. Because Nevada law treats the prompt payment of child support orders so seriously, this kind of debt should be approached with particular care.

Nevada law is unique. If a court in California, Arizona, Utah, or any other state grants a creditor a judgment against you, garnishments resulting from that judgment may be affected by different rules than those outlined in the Nevada State Code.

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Nevada Wage Garnishment Process

A creditor must file a lawsuit against you before they can receive a judgment to garnish your wages. If you don’t respond to the summons and complaint that notify you of this lawsuit, the court will issue the creditor a default judgment. If you defend your case and things don’t go your way, the court will issue your creditor a judgment as well.

Both judgments and default judgments give creditors tools for debt repayment. They may, for example, alert your employer that they are garnishing your wages or they may pursue a bank levy to seize funds directly from your bank account.

If you want to fight a garnishment order, you can file a formal objection. People being sued commonly file objections when they no longer owe the debt in question or are current on an installment plan to repay the debt. You can also file an objection if the amount the creditor says you owe wasn’t properly calculated.

In Nevada, garnishment orders expire after 180 days. If an outstanding balance hasn’t been fully repaid during that time period, creditors must re-file paperwork with the Justice Court in order to continue garnishing someone’s wages.

How Much of My Paycheck Can Be Taken by Wage Garnishment?

Creditors can’t take all of your wages. Most creditors aren’t allowed to take more than a specific amount of your paycheck. In most states, creditors can take up to 25% of your disposable earnings or the amount by which your disposable income exceeds 30 times the federal minimum wage, whichever is less. Your disposable income is the amount you get paid after legally required deductions are taken out of your check.

Nevada state law is more generous. It looks at three formulas to determine how much of your paycheck a creditor can garnish. The formula that results in the lowest amount is the one used to determine your maximum weekly wage garnishment.

The amount of your weekly disposable income that exceeds 50 times the federal minimum wage. The current minimum wage is $7.25, so 50 times that is $362.50.

82% of your weekly disposable earnings if your gross weekly salary or wage on the date that the most recent writ of garnishment was issued is $770 or less.

75% of your weekly disposable earnings if your gross weekly salary or wage on the date the most recent writ of garnishment was issued exceeds $770.

Working through an example to evaluate these calculations in action can be helpful. Say that your weekly gross income — the total amount you make before anything is taken out of your check — is $800, and your disposable income is $640. You’ll need to calculate each of the three amounts above to see which is the lowest.

$640 (disposable income) minus $362.50 (50 x federal minimum wage) is $277.50 .

Since your gross weekly salary ($800) exceeds $770, you’ll need to calculate 75% of your disposable earnings. 75% of $640 (disposable income) is $480.

It’s time to compare the two numbers. Since $277.50 is lower than $480, creditors can only garnish up to $277.50 of your weekly paycheck in this example. If one creditor is garnishing your wages up to that maximum amount, no other creditors can garnish your wages at the same time.

The kinds of income that your creditors can garnish are limited by exemptions . Exemptions protect certain non-wage forms of income from being taken by creditors. For example, most alimony and child support payments, Social Security benefits, unemployment benefits, workers’ compensation benefits, and retirement income can’t be garnished by most creditors.

Other benefits and income may also be exempt from garnishment under Nevada law, just as it would be if you filed for personal bankruptcy. The Civil Law Self-Help Center has more information about how to claim exemptions in Nevada.

How To Stop a Garnishment in Nevada

You can stop wage garnishment in two ways. First, you can pay off the amount you owe, either in a lump sum or over time via installments. If you can manage to pay a lump sum — perhaps by selling property, using a tax refund, or taking out a low-cost loan — your creditor may accept less than the total you owe. Resolving your debt for less than you owe is commonly referred to as debt settlement .

Second, you can consider filing for bankruptcy. If you file for either Chapter 7 bankruptcy or Chapter 13 bankruptcy, you will benefit from a legal protection called the automatic stay . This goes into effect as soon as you file your bankruptcy paperwork. The automatic stay stops creditors from engaging in any collection actions while the court is considering your case.

To learn more about bankruptcy and whether it could benefit you, connect with a bankruptcy attorney in your area. Most bankruptcy lawyers offer free consultations with no strings attached. If you ultimately choose to file a simple Chapter 7 bankruptcy case in Nevada , you may be able to do so for free using the Upsolve filing tool .

Are There Any Resources for People Facing Wage Garnishment in Nevada?

If you’re struggling with debt and would like to speak with someone about your wage garnishment situation, you can reach out to the team at Nevada Legal Services or the Legal Aid Center of Southern Nevada . These legal aid organizations provide free and/or low-cost legal assistance to members of lower-income households. You may also find additional helpful information on the State Bar of Nevada’s Pro Bono Legal Services page and at the Nevada 211 Legal Aid site. The State of Nevada Self-Help site may also be useful if you’re seeking no-cost or low-cost legal assistance.

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What Is a Wage Assignment?

How wage assignment works.

Why Are Wage Assignments Voluntary?

Wage Garnishment

The bottom line.

Credit & Debt
Debt Management

Wage Assignment: What It Means, How It Works

Wage assignment is the act of taking money directly from an employee's paycheck in order to pay back a debt obligation. Such an automatic withholding plan may be used to pay back a variety of debt obligations, including back taxes, defaulted student loan debt, and both child and spousal support payments.

Key Takeaways

A wage assignment takes funds directly from an employee's paycheck to pay back a debt.
How wage assignments are regulated varies by state, with some states even allowing for voluntary child support agreements.
A wage garnishment is an involuntary deduction and requires a court order.

Wage assignments are typically incurred for debts that have gone unpaid for a prolonged period of time. Employees may sometimes opt for a voluntary wage assignment to pay for things like union dues or to contribute to a retirement fund.

A wage assignment is processed as part of an employer's payroll procedure. The employee's paycheck is decreased by the amount of the assignment and noted on their pay stub.

A wage assignment is often a lender's last resort to receive repayment from a borrower who has previously failed to pay a debt obligation.

Wage assignments are a valuable tool for collecting unpaid debts, but unfortunately, they may be associated with abusive lending practices . If you're struggling with your debt, one of the best debt relief companies or credit counseling agencies may be able to help you get back on track before a wage assignment is incurred.

What Makes Wage Assignments Voluntary?

In a voluntary wage assignment, a worker essentially asks their employer to withhold a portion of their paycheck and send it to a creditor to pay off a debt. Loan agreements may sometimes include a voluntary wage assignment clause in their terms should the borrower default on their loan.

Payday lenders often include voluntary wage assignments into their loan agreements to better their chances of being repaid. Laws regarding wage assignments vary by state.

For example, in West Virginia, wage assignments are capped at 25% of a worker's take-home earnings, the employee and the employer must sign the agreement, and agreements must be renewed annually. Under Illinois law, a lender cannot resort to wage assignment until a debt is 40 days in default. The wage assignment cannot continue for more than three years, and the worker can stop the wage assignment at any time.

Involuntary wage deductions, known as wage garnishments , require a court order and are most likely to be employed to collect spousal and child support payments that have been ordered by a court. Wage garnishments may also be used to collect unpaid court fines or student loans that have been defaulted on.

Several states allow individuals to sign up for voluntary child support agreements. In such a case, both parents must agree to a plan. Once that happens, a voluntary wage assignment may begin. If a child support or welfare agency is involved, they would have to approve any plan.

How Long Can I Have a Wage Assignment?

Since wage assignments are voluntary, the length of time that you use one can vary. Some loans include a wage assignment agreement, so you'll have to check the language of your loan to determine your obligation. Each state also has its own regulations regarding wage assignments.

How Much of My Income Can Go to Wage Assignments?

Every state has its own regulations, but typically 15–25% of your disposable income can be designated for wage assignments.

Is Wage Garnishment the Same as Wage Assignment?

While they are similar, wage garnishment and assignment are not the same. Wage garnishment is an involuntary paycheck deduction, typically ordered to repay child support, student loans, tax debt, or bankruptcy. A wage assignment is voluntary and may be used to repay a consumer debt.

Wage assignments may be a useful tool to help you pay down a debt. Wage assignments are voluntary but they may be hidden in the fine print of some loan products, so read everything carefully before signing. Check the regulations in your state to determine if your wage assignment is revocable.

West Virginia Division of Labor. " Wage Payment and Collection (WPC) Act: Payroll Deductions and Wage Assignments ," Page 3.

Illinois General Assembly. " (740 ILCS 170/) Illinois Wage Assignment Act ."

U.S. Department of Labor. " Fact Sheet #30: The Federal Wage Garnishment Law, Consumer Credit Protection Act's Title III (CCPA) ."

Illinois Legal Aid. " Understanding Wage Assignment ."

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Wage Assignments in Consumer and Other Contracts

Most of the time an employee knows when his wages are about to be garnished: He is sued, the court enters a judgment against him for the amount owed, and thereafter a wage garnishment order ensues. The employee has plenty of time to plan for it, forewarn his employer, and make the process as palatable as possible, should a repayment arrangement not be possible.

Not so for many of the so-called “voluntary” wage assignments that are being included in consumer credit and loan agreements with greater regularity than ever before. These provisions allow the creditor to skip the formality, delay, and expense of the legal process altogether, and go straight to the employer with a demand for garnishment.

An employee typically does not learn about this kind of garnishment until after the garnishment has taken place and he notices his pay check is short.

Difference between Wage Assignments and Wage Garnishment Orders

Technically speaking, a wage assignment is a provision in a private agreement — often a consumer credit agreement like the ones used in buying a refrigerator.

The “wage assignment” provision assigns the borrower’s future wages to the creditor in the event of default by non-payment. If a default occurs, the creditor in effect forecloses on the security (the wages) by sending a garnishment demand to the employer. Usually, the letter is written by the creditor’s attorney or billing department.

To enforce a wage assignment, no court process is involved. That’s the nature of the provision. It says no court process need be involved and authorizes the creditor to skip the time and expense of court and go straight to the employer. It also, of necessity, eliminates the debtor’s opportunity to challenge the debt in court or seek limitations on the garnishment.

Most garnishments are based on a judgment or court order and constitute official orders of the court. The request for garnishment is made to the court and the court grants the request by issuing a garnishment order. This is the case for most wage garnishments for child support.

Types of Voluntary Wage Assignments

Voluntary wage assignments, often simply called “wage assignments,” are those that the indebted employee enters into by agreement. He may agree to it by signing a consumer credit or loan agreement, or he may agree to repay a debt by entering into a repayment agreement with a wage assignment provision.

The typical wage assignment provision allows the employer to take the employee’s future wages as security for the debt involved. In the event of default or nonpayment, it authorizes the creditor to go straight to the employer with a demand for wage garnishment, no court filing or judgment required.

Considering these wage assignments as “voluntarily” is a stretch. Most borrowers don’t read the fine print in consumer contracts and loan papers, have no bargaining strength to oppose these provisions even if they want to, and don’t learn about the wage assignment until it is too late to do anything about it.

Nonetheless, unlike a court order, they do have a voluntary component in that the borrower chose to obtain the credit and afterwards to use it to buy goods or services or receive cash.

Federal Garnishment Law Does Not Protect Wage Assignments

In 1970, Congress passed Title III of the Consumer Credit Protection Act. Under that Act, the federal government took control over wage garnishment proceedings for the first time.

Generally speaking, this law limits the extent to which earnings can be garnished to 25% of “disposable earnings” or to amounts above 30 times minimum wage, whichever is less. It also prohibits the employer from terminating an employee for any wage garnishment based on a single debt.

The definition of “disposable earnings” is key to the determination of the maximum allowed garnishment. “Disposable earnings” means earnings after reduction for legally-required deductions like federal, state and local taxes, the employee’s share of State Unemployment Insurance and Social Security, and Worker’s Compensation.

Importantly, the permitted deductions DO NOT include sums withheld as part of a voluntary wage assignment; as such deductions are not legally required. What this means is that wage garnishment protections do not take into account the effect of voluntary wage assignments. Also, they do not apply to real estate purchases (which have specific contracts).

Furthermore, because wage assignments are not technically considered garnishment under federal law, an employer can lawfully terminate an employee for a single garnishment based on a voluntary wage assignment. Put another way, the anti-termination protections of federal law do not apply to wage assignments.

State Law Limitations on Wage Assignments

Many states have passed laws making wage assignments invalid, due to their intrusive and potentially devastating effect on borrowers. Some states bar any form of wage assignment, while others limit wage assignments to only child or spousal support.

Still others require the written consent of both spouses, or the execution of an entirely separate document addressing the assignment (so as to prohibit it from being buried in the fine print). In all cases, the employer need not comply with an illegal wage assignment, and often would be legally liable for doing so.

Needless to say, the field of voluntary wage assignments is a complicated one. Consulting with an experienced labor and employment, debtor-creditor, and/or consumer counsel is an important part of properly navigating this area of employment.

Citations/references

Federal statute: title iii, consumer credit protection act (ccpa), 15 usc, §§1671 et seq., code of federal regulations: 29 cfr part 870, u.s. wage and hour division: fact sheet #30 – the federal wage garnishment law, consumer credit protection act’s title iii (ccpa), field operations handbook – 02/09/2001, rev. 644, chapter 16, title iii – consumer credit protection act (wage garnishment), summary of state laws on garnishment: http://www.nolo.com/legal-encyclopedia/free-books/employee-rights-book/chapter2-9.html.

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At the conclusion of the Nevada Legislature’s 81 st Session, Nevada Governor Steve Sisolak signed several bills into law affecting every point of the employer-employee relationship, from application to termination. Changes include the statute of limitations for wrongful termination claims, restrictions on wage disclosures, the right of private action on wage claims, and discrimination based on hair type or style.

Nevada employers may need to modify their employment practices or risk hefty penalties.

Statute of Limitations

Senate Bill 107 expressly provides a two-year statute of limitations for common law wrongful termination claims. The statute of limitations is tolled while an administrative complaint with the Equal Employment Opportunity Commission or Nevada Equal Rights Commission is pending and for an additional 93 days after the administrative proceedings conclude. The new law clarifies case law regarding wrongful termination claims and incorporates an official tolling period.

Furthermore, it amends Nevada’s catch-all limitations statute to state that all claims without an express statute of limitations period must be commenced within four years after the cause of action accrues “regardless of whether the underlying cause of action is analogous to that of any other cause of action with a statute of limitations expressly prescribed by law.”

Wage Claims

The Nevada legal community has long debated whether employees have a private right of action to sue their employers for failing to pay wages when due or whether they are limited to filing a complaint with Nevada’s Labor Commissioner. Now, Senate Bill 245 clarifies that employees may sue their former employers for failing to pay their wages, compensation, or salary (but not bonuses or profit-sharing arrangements) within the required timelines (NRS 608.020–608.050) after the voluntary or involuntary termination of their employment. Indeed, the law specifies that the Labor Commissioner has no jurisdiction over such a claim while an employee’s lawsuit is pending.

In addition, the new law limits the Labor Commissioner’s jurisdiction over union employee wage claims. The Labor Commissioner may not take jurisdiction of the wage claim if the collective bargaining agreement provides an exclusive remedy or other relief for a violation of the agreement unless:

The agreement’s remedies and appeals have been exhausted; or

The Labor Commissioner determines that the remedies provided by the agreement are inadequate, unavailable, or nonbinding.

Further, once the Labor Commissioner assumes jurisdiction, the Labor Commissioner is required to “determine [the employer’s] compliance with all labor laws of this State[.]”

Compensation Disclosures

Following the lead of other jurisdictions, Senate Bill 293 imposes new restrictions on when employers and employment agencies may request and use an applicant or employee’s wage or salary history, and requirements for disclosure of the wage range or rate for a position.

Under the law, employers may not:

Seek applicants’ “wage or salary history”;

Use applicants’ wage or salary history to determine whether to hire them or determine their rate of pay; or

Discriminate or retaliate ( e.g., refuse to interview, hire, promote, or employ) against applicants for refusing to provide their wage or salary history.

“Wage or salary history” means:

the wages or salary paid to an applicant for employment by the current or former employer of the applicant. The term includes, without limitation, any compensation and benefits received by the applicant from his or her current or former employer.

Employers may ask applicants about their compensation expectations.

The law also requires that employers disclose the wage or salary range or rate for a position to applicants for employment who have interviewed for the position. Further, employers must disclose the wage or salary range or rate for a position to existing employees seeking promotion or transfer to that position if the employee has

Applied for promotion or transfer to the position;

Completed an interview for or been offered the promotion or transfer; and

Requested the wage or salary range or rate for the position.

If an individual believes their rights under the law have been violated, they must first file a complaint with the Nevada Labor Commissioner. The Labor Commissioner may investigate and, if a violation is found, recover its investigative costs and attorneys’ fees and impose an administrative penalty up to $5,000 per violation. If 180 days have passed since the filing of the complaint, the Labor Commissioner, upon request, must issue the individual a right-to-sue notice. The individual then has 90 days to file suit against the “person named in the complaint” or any such claim is time-barred.

Race Discrimination

Existing law already prohibits employers from discriminating on the basis of race. Now, Senate Bill 327 defines “race” in NRS 613.310 to mean “traits associated with race, including, without limitation, hair texture and protective hairstyles.” “Protective hairstyles” includes, “without limitation, hairstyles such as natural hairstyles, afros, bantu knots, curls, braids, locks and twists.”

Next Steps for Employers

To ensure compliance with the new statutes, Nevada employers should carefully review their provisions and adjust their employment practices accordingly with the help of an experienced employment attorney.

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Nevada Salaried Employees Laws

April 24th 2024

Salaried employees form a specific category within the workforce, being those who receive a predetermined fixed pay on a regular schedule, often weekly or less frequently.

This article explores the legal framework in Nevada that establishes the parameters for salaried employees and their employers. It spans topics like payment, rest and break regulations, and the classification of employees as exempt or non-exempt.

This article covers:

Payment of wages for salaried employees in nevada, salaried employees eligibility for overtime for nevada, pay for working overtime for nevada salaried employees, exceptions to overtime exemptions for nevada salaried employees, violation of salaried employees wages payment in nevada, male and female salaried employees in nevada, leave entitlements for salaried employees in nevada, break entitlements for salaried employees in nevada, deductions from exempt employees’ salary in nevada, termination of employment for salaried employees in nevada.

In Nevada, employers have a legal obligation to provide compensation to their employees bi-monthly, commonly every two weeks.

Nevertheless, specific categories of employees, including executives, administrators, and professionals, have the option for monthly paydays according to the law.

If mutually agreed upon and documented in writing, both employers and employees can establish alternative payroll periods that adhere to legal regulations.

To ensure precise and consistent payments are made on time, employers frequently turn to the practice of monitoring payroll hours and establishing systems for managing payment schedules and approvals .

Despite salaried employees being employees who receive a fixed salary, regardless of their actual hours worked, some categories who are not considered exempt from overtime, still have the right to additional compensation in Nevada if their work hours surpass the hours their salary accounts for.

This entitles them to receive overtime compensation of 1.5 times their standard pay rate for any additional hours worked beyond their regular work hours. The specifics of the overtime rate differ based on an employee’s wage level.

To calculate the overtime rate for salaried employees, an employer must initially ascertain the employee’s hourly rate by dividing the salary by the hours the salary is intended to cover.

Next, the hourly pay rate would be used to compute the overtime rate for salaried employees through the following formula:

Hourly pay rate x Overtime Hours x Overtime Rate (1.5)

It’s crucial to understand that if an employee’s salary encompasses fewer than 40 hours in a workweek , their regular rate will be added for each additional hour worked up to 40 hours. Overtime at a rate of one-and-a-half times will be applicable only after exceeding 40 hours.

For employees whose salary accounts for 40 hours in a workweek , overtime at a rate of one-and-a-half times will be paid for any hours exceeding 40.

It’s important to mention that while salaried employees typically don’t need to monitor their work hours, there are situations, like calculating overtime, where tracking overtime hours can be beneficial. Timesheet templates can also be used to guarantee accurate recording of overtime hours, and there are specialized overtime compliance software options to ensure adherence to labor laws.

In adherence to federal overtime regulations, which Nevada also follows, employees in white-collar roles are exempt from receiving additional compensation for working overtime, as long as their weekly earnings meet the minimum threshold of $684. This exemption is applicable to professionals in four distinct white-collar categories: outside sales, administrative, executive, and professional positions.

In addition to these four categories, Nevada outlines various other professions that are exempt from minimum wage requirements. These include:

Outside buyers
Independent contractors
Employees covered by a collective bargaining agreement that specifies different overtime regulations
Retail or service industry employees, provided they earn at least 1.5 times the standard minimum wage and a significant portion of their compensation comes from commissions
Drivers, driver’s helpers, loaders, and mechanics working for motor companies under the federal Motor Carrier Act
Railroad employees
Air carriers’ employees
Local delivery drivers and drivers’ helpers, paid on a trip basis or another regulated delivery plan
Taxicab and limousine drivers
Agricultural workers
Mechanics and salespeople mainly engaged in selling or servicing vehicles, trucks, and farm equipment
Employees of businesses with annual sales under $250,000
Domestic workers living in the household where they work, with both parties agreeing in writing to the overtime exemption

For more detailed information, refer to Nevada Overtime Laws .

In Nevada, when an employer fails to provide timely payment to an employee, the employee has the right to receive a penalty equivalent to one day’s wages for each day the payment is overdue, up to a maximum of 30 days. This penalty comes into effect from the day the paycheck was originally scheduled to be issued. However, if the employee decides to leave the job voluntarily, the penalty starts from the original due date of the paycheck. In cases of termination or layoff by the employer, the penalty commences three days after the paycheck was supposed to be received. Delays in receiving paychecks often lead to conflicts between employees and employers.

When it comes to unlawful withholding of wages, a complaint can be submitted to a government agency to instigate an investigation to assess the validity of the claim. If the investigation uncovers violations, the affected employee could be entitled to reclaim owed wages and seek damages. The agency might also engage in negotiations with the employer to reach a settlement on the employee’s behalf, or it might initiate legal action against the employer for widespread wage withholding practices.

In cases where intentional wage withholding is proven, the government has the option to press criminal charges. If the employer is found guilty, potential consequences include imprisonment and financial penalties.

In civil litigation scenarios, the recovery of unpaid wages and liquidated damages is possible. Additionally, the employer responsible for the misconduct may be required to cover the employee’s legal fees and related expenses.

Both the federal Equal Pay Act (EPA) and its corresponding Nevada statute, NRS 608.017 mandate that employers must provide equal compensation to male and female employees when performing the same job within the same establishment. While the roles don’t necessarily have to be identical, they must be significantly comparable. The basis for determining this equality lies in the nature of the work, not the job titles. The authority to enforce the EPA rests exclusively with the federal Equal Employment Opportunity Commission (EEOC) .

The concept of “substantially equal” work entails tasks that demand comparable levels of skill, effort, and responsibility and are carried out under comparable working conditions.

Nevertheless, both federal and state regulations permit a wage disparity if it is founded on factors such as seniority, merit, a system linking compensation to production quality or quantity, or a wage discrepancy arising from factors beyond gender.

Nevada’s leave policies encompass various scenarios. Mandatory Paid Leave requires private sector employers with over 50 employees to offer paid sick leave: full-time staff get 40 hours, and part-timers receive 0.01923 hours per hour worked. The Family and Medical Leave Act (FMLA) mandates up to 12 weeks of unpaid leave for eligible employees, covering self or family health issues, childbirth, or adoption. Employers with over 50 employees must comply. FMLA also provides 26 weeks for Armed Forces member support. For vacation, eligible employees at companies with at least 50 employees can accrue paid leave, starting after 90 days and up to 40 hours per year.

Jury duty entitles employees to leave without using other leave types, and 4 hours’ service prevents scheduling from 5 p.m. to 3 a.m. Voting time off is provided based on the distance to the voting location. Over 50-employee businesses offer parental leave for school-related activities. Military leave under the Uniformed Services Employment and Reemployment Rights Act (USERRA) applies to the Armed Forces, National Guard, and state militia members. Court-summoned witnesses can opt for paid/unpaid leave. Victims of domestic or sexual violence can take up to 160 hours annually for medical, legal, or safety-related needs.

Nevada mandates that businesses provide employees with two distinct break categories: meal breaks and rest breaks. Within an 8-hour shift, employees are entitled to a 30-minute meal break, although the decision to offer compensation for it rests with the employer.

In contrast, paid rest breaks, lasting 10 minutes, are obligatory. These rest breaks can be taken every 4 hours, aiming to sustain employee productivity. Furthermore, an extra break category, referred to as a lactating break, is available for breastfeeding mothers.

According to the Nevada Administrative Code ( 608.160 ) and the Nevada Wage And Hour Laws ( NRS 608 ), an employer is prohibited from demanding an employee to give back any portion of their wage, salary, or earnings.

Except for mandatory legal deductions and contributions to benefit programs, deductions from an employee’s paycheck can only occur if there is prior explicit signed consent from the employee. This written consent must outline the exact deduction amount, its purpose, and the date or pay period when the deduction will be processed.

Reduction of an employee’s wage, salary, or compensation is also against the law for an employer unless specific conditions are met:

Providing the employee with written notice of the decrease at least 7 days before they work at the reduced rate.
Adhering to conditions set in a collective bargaining agreement or a contract between the employer and the employee.

Nevada adheres to the “employment-at-will” doctrine. This signifies that employers hold the right to terminate employees’ contracts at their discretion, without the obligation to provide reasons. Conversely, employees possess the freedom to leave their positions for any reason or without any reason, without facing legal repercussions.

Yet, Nevada introduces a distinct statute that furnishes supplementary safeguards for employees. Specifically, employers are prohibited from firing an employee based on the reports of a detective or special agent without first notifying the accused employee and conducting a just hearing.

Moreover, Nevada’s regulations stipulate that employers are obliged to furnish a final paycheck to employees who are dismissed, whether due to layoffs or terminations. This paycheck is required to encompass all outstanding wages and accrued benefits. The timing of this final payment is contingent upon whether the employee voluntarily resigned or was terminated, but it must be issued within 7 days or by the upcoming payday, whichever occurs earlier.

Learn more about Nevada Labor Laws through our detailed guide.

Important Cautionary Note

This content is provided for informational purposes only. While we make every effort to ensure the accuracy of the information presented, we cannot guarantee that it is free of errors or omissions. Users are advised to independently verify any critical information and should not solely rely on the content provided.

Some frequently asked questions...

Nevada follows the federal minimum salary threshold established by the FLSA for exempt employees. As of January 2024, the federal minimum salary threshold for exempt employees is $684 per week ($35,568 per year). Exempt employees in Nevada must meet this salary threshold must meet this salary threshold and satisfy specific job duties to be considered exempt from overtime pay requirements.

Please note that minimum salary thresholds can change, so it is essential to verify the current threshold with the US Department of Labor.

To calculate overtime pay for salaried employees, the employer must determine the employee’s hourly rate by dividing the salary by the hours the salary is intended to cover.

Employers can compute the overtime rate by multiplying the employee’s hourly rate by 1.5.

Terminated employees in Nevada are entitled to receive their final paycheck within 7 days or by the upcoming payday, whichever occurs earlier.

The final paycheck must include all outstanding wages and accrued benefits.

Nevada employees are entitled to receive meal breaks and rest breaks for every 8 hours worked.

An employee is entitled to a 30-minute unpaid meal break and 10-minute paid rest breaks. Employees can take rest breaks every 4 hours.

In Nevada, employers are mandated to provide compensation to their employees bi-monthly. Employers must follow certain regulations for wage payment, especially when it comes to overtime compensation.

Salaried employees are classified into exempt and non-exempt. Non-exempt salaried employees are eligible for overtime pay. Conversely, exempt employees receive a fixed salary regardless of their actual hours worked.

Salaried employees in Nevada can work up to 40 hours in a standard workweek.

If a salaried employee’s work hours exceed 40, they are eligible for overtime compensation at 1.5 times their regular hourly rate.

In Nevada, an employer is prohibited from deducting an employee’s salary, except for mandatory deductions and contributions to benefit programs.

Deductions from an employee’s salary can only occur if there is a written consent. The written consent must outline the amount, purpose, and date or pay period when the deduction is processed.

Wrongful termination in Nevada occurs when an employee is fired due to discrimination, retaliation, breach of contract, or violation of public policy.

If an employee thinks they have been wrongfully terminated, they may file a complaint with the Nevada Equal Rights Commission (NERC) or consult with a legal counsel.

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Wage assignment and employers’ responsibilities

Tough economic times raise some tricky HR issues—for example, when an employee’s financial straits begin to affect his employer.

Must we honor a payday loan wage assignment?

Q. An employee borrowed money from a payday loan service at a very high interest rate that I feel is unfair. The payday loan service sent me a “wage assignment” notice and told me that our company must withhold money from his paychecks. What is a wage assignment, and does our company actually have to honor it? A. A wage assignment is a document that allows a creditor to attach part of the employee’s wages if the employee fails to pay a specific debt. The creditor does not have to obtain a judgment in a court proceeding before requesting payment. Under the Illinois Wage Assignment Act (740 ILCS 170), private employers are obligated to honor a creditor’s properly served demand for a valid wage assignment, unless an employee presents a timely, valid , written defense to the wage assignment.

What constitutes a valid assignment?

Q. How can I tell if a wage assignment is valid? How long is it valid? A. A valid wage assignment document must have the words “Wage Assignment” printed or written in boldface letters of not less than ¼ inch in height at the head of the wage assignment and one inch above or below the line where the employee signs the assignment. The employee must have signed the document in person, and the document must show the date of execution, the employee’s Social Security number, the name of the employer at the time of execution, the amount of money loaned or the price of the articles sold or other consideration given, the rate of interest or time-price differential to be paid, if any, and the date on which such payments are due. A wage assignment is valid for no more than three years after the employee signs it and the employer’s name appears on it. If the employee changes jobs, the wage assignment is valid for two years, even though the new employer’s name does not appear on the assignment.

Handling wage assignments

Q. How does the wage assignment process start? A. Assuming that the wage assignment document complies with the formal requirements, the creditor must serve “demand to withhold” on the employer. The demand is valid only if:

The employee has defaulted on the debt secured by the assignment for more than 40 days, and the default has continued to the date of the demand.

The demand contains a correct statement of the amount the employee is in default, and the creditor provides an original or a photocopy of the assignment to the employer.

The creditor has served a “notice of intention to make the demand” upon the employee, with a copy to the employer, by registered or certified mail not less than 20 days before serving the demand.

Putting on the brakes

Q. Can an employee stop the wage assignment process? A. The employee does have a right to contest the demand. If an employee has a legal defense to the wage assignment, the employee may—within 20 days after receiving a notice of demand or within five days after the employer is served with the demand—notify the employer, in writing, of any defense to the wage assignment and send a copy of the written defense to the creditor by registered or certified mail. As a result, the employee’s wages are not subject to a demand served by the creditor unless the employer receives a copy of a subsequent written agreement between the creditor and the employee authorizing such payments. Similarly, if the creditor receives a copy of the defense prior to serving its demand upon the employer, the creditor may not serve the demand upon the employer. Whether the employee’s defense is legally valid is not an issue the employer must resolve. Instead, the employee and the creditor may attempt to reach another agreement or the creditor may simply bring a separate lawsuit against the employee to collect an outstanding debt.

Calculating the wage assignment payment

Q. How much must the employer withhold—and when? A. The employer must begin payment to the creditor no sooner than five business days after service of such a demand. The employer must withhold the lesser of:

15% of weekly gross wages

The amount by which the disposable earnings for a week (pay remaining after federal and state taxes, Social Security deductions and any other amounts required by law to be withheld, including required retirement contributions) exceed 45 times the federal minimum wage, unless a notice of defense is received within that five-day period.

The employer shall be paid a fee of $12 for each wage assignment. That $12 is credited against the debt.

Wage Assignments and Garnishments: What Finance Leaders Need to Know

Print Spark Article

Colleagues gather around to see a laptop screen.

Wage assignments and garnishments practices: Here are three things finance leaders must internally audit.

Wage assignments and wage garnishments are not the same. Each reflects a different process subject to different applicable laws. While there is always potential for a DOL Wage and Hour Division audit, financial leaders should internally audit their own processes to ensure compliance and efficiency while minimizing stress and anxiety for the employer and the employee. Here are three things to consider when conducting those audits.

1. Compliance

Wage assignments and wage garnishments differ in many ways. In fact, a wage assignment is not a garnishment. A wage assignment is a voluntary agreement between the employee and creditor where an amount is withheld from the employee's paycheck to satisfy a debt owed to a third-party recipient, whereas under a wage garnishment, the amount withheld from the employee's check is typically obtained through a court order initiated by the creditor.

Adding to the compliance challenge, there are several different types of wage garnishments, often with differing rules for each. For example, child support, bankruptcy and student loans are all types of wage garnishments. Wage garnishments for child support obligations are substantially governed by state law, which varies state to state, whereas garnishments for a bankruptcy plan are governed by federal law and garnishments for student loan debts are governed by either state or federal law, depending on the financing.

2. Efficiency

Businesses must be able to confirm when wage garnishments are initiated, when they cease and when more than one applies and in what order. This is what can make these withholdings complex — and messy. By having trackable systems in place, efficiency can be achievable.

3. Minimizing Stress and Anxiety

According to Workforce , wage garnishments can affect employee morale. Having wages withheld from paychecks may be a negative employee experience, especially when the employer has to get involved. For employers that are preparing audit-ready workplaces, these organizations face their own stress by potentially facing liability for noncompliance with respect to wage garnishment withholdings.

Having prudent processes in place may not only help with compliance and efficiency for the employer, but can also help alleviate stress for both the employee and the employer.

Learn about the ADP SmartCompliance® Wage Garnishment Module .

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What Nevada's pioneering earned wage access law really means

Earned wage access (EWA) gives employees a portion of their salary before payday.

Nevada has become the first US state to formally regulate the earned wage access (EWA) market, requiring providers to obtain a licence if they wish to operate locally.

The new legislation is believed to be the first of its kind anywhere in the country, potentially laying the groundwork for other states and territories to follow. But will it become the norm for EWA, and what exactly does the new law mean for employers and providers alike?

What is earned wage access (EWA)?

Earned wage access (EWA), sometimes likened to salary advances, allows employees to get their wages before payday when their employer opts in to an EWA scheme. Instead of being paid a lump sum once a month, salaried employees can often get access to several smaller instalments more frequently.

It is not usually considered a type of credit or loan, hence why it is not regulated as a financial service anywhere else in the US, but Nevada’s latest legislative manoeuvres might cause some lawmakers to reassess that situation.

Providers of EWA include Rain , Ceridian , Payactiv and Cloudpay .

The benefits for employees are plain to see: they can get more help towards the cost of bills and expenses when they need it, rather than having to fit in with their employer’s rigid pay cycles. Almost 60% of Americans are believed to be living paycheck to paycheck, according to a survey from CNBC, and EWA represents a more affordable solution than payday loans.

However, there have also been suggestions that EWA creates fresh problems for earners. According to researchers from Harvard and Yale Universities , users tend to demonstrate “present bias” – the concept that humans focus more on current problems rather than future ones, even if they are aware that future problems will appear at some point.

Most EWA platforms limit the amount of money employees can withdraw as a safeguard, but by allowing people to take small amounts from their paycheck to cover small bills, it risks not leaving enough for larger expenses – like rent or car payments – come the end of the month. However, the researchers found that EWA produces a positive effect overall.

What does Nevada’s new EWA law mean?

Nevada’s new state law, SB290, is the first piece of legislation in the US to regulate the earned wage access market at a state level. It requires operators to obtain a licence from the Commissioner of Financial Institutions.

It was signed into law by the state governor earlier this month, and will begin to take effect from the beginning of next year.

Speaking after the bill passed, Nevada Assembly Majority Leader Sandra Jauregui said earned wage access products “are crucial for expanding financial access and inclusion” and claimed that the state was “leading by example to provide tangible progress on workers’ rights”.

“For providers, there will be several administrative requirements that come with being licensed,” Aaron Marienthal , SVP and General Counsel at Payactiv, tells FinTech Magazine . This will involve supplying certain documents, such as terms of service and fee schedules, as well as complying with other requirements like fingerprinting certain executives.

How does Nevada EWA law protect consumers?

In broad terms, the law appears to be designed to give consumers greater confidence in the trustworthiness of licensed providers – to know that all EWA providers are licensed by the state of Nevada and provide certain information as part of that licensing obligation.

“In addition to the formal oversight that comes with the licensing process itself, the law has a number of substantive requirements that will enure to the benefit of end-users,” Marienthal continues. “For example, all providers must offer at least one free option to obtain EWA. While the industry has been moving in this direction in the past several years, this is a big win for consumers because it standardises free EWA options and gives users more choice – nobody will be forced to pay a fee to access their own earned wages.

“The law also puts a number of other important consumer protections in place, for example by codifying that EWA is non-recourse, that there is no credit reporting impact, there are no late fees, and a user can cancel their participation in the programme without incurring a fee. Moreover, providers who ask users for ‘tips’ must do so in a clear and conspicuous manner. In addition, the law requires that providers who debit a user’s bank account reimburse any overdraft fees caused by the provider debiting the account before they were supposed to, or in an incorrect amount.”

The law also goes some way to address concerns about ‘over-access’. It stipulates that EWA should be based on real-time data for pay and attendance, meaning that users are not able to access more than they’ve actually earned.

“There’s a lot here that will protect consumers and prevent bad actors,” Marienthal says.

Should earned wage access be a right?

One thing the law does not do is make earned wage access a right. It codifies certain requirements, particularly around fees and practices, that should keep EWA accessible to all employees who want it. But it stops short of enshrining that access as a right in law.

This would have been, perhaps – given the emerging nature of legislation in this space – a tall order. But it contrasts with recent workers’ rights victories elsewhere in the world, such as the UK government’s decision to give all employees the legal right to ask for hybrid working practices from day one of their employment.

“Along with most of our colleagues, I believe EWA should be an individual’s right,” Marienthal continues. “After all, the user should be entitled to receive money they have already earned. However, I don’t think it is likely to become the law any time soon, at least not before we have more states enact legislation like we saw in Nevada.

“Practically speaking though, it may not even be necessary. There is so much demand for EWA amongst workers that the benefit is becoming table-stakes for many employers these days. It’s really a no-brainer for employers because most EWA providers like Payactiv don’t charge employers to offer the programme to their employees, and studies show it truly helps drive retention and recruitment.”

That could make it an indispensable workplace benefit. According to Everest Group’s Key Issues Survey , three-quarters of American workers are looking for a change to their current job. Offering them earned wage access could be the perk that tempts them to stay.

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DailyPay Overview

On-demand pay — also known as earned wage access — gives employees access to their earned pay before payday. DailyPay is your key to improving recruitment, retention, motivation and productivity.

Why DailyPay

DailyPay helps you deliver on-demand pay that gives your employees the financial control they need to be more engaged, motivated and happier at work.

DailyPay partners with industry leaders across HCM and payroll for a seamless experience.

While each industry has to deal with unique economic factors and different customer bases, one constant is the employee. Learn how to support them with on-demand pay.

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Nevada Introduces First Regulatory Standards for Earned Wage Access in the US

June 17, 2023

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8 Nevada Labor Laws to Keep in Mind as an Employer
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NRS: CHAPTER 608
NRS 608.170 Assignment of wages void against judgment creditors; prima facie evidence of fraud. NRS 608.180 ... An employee who is licensed or certified by the State of Nevada for and engaged in the practice of law or any of the professions regulated by chapters 623 to 645, ...
How to Stop Wage Garnishment in Nevada (2024 update)
Filing for bankruptcy in Nevada may be common option to stop a wage garnishment because many people in Nevada cannot afford a garnishment when living check to check. Including wage garnishment bankruptcies, there were 7,892 bankruptcies filed in the year ending June 30, 2021. Filing bankruptcy stops wage garnishment.
PDF Overview of Nevada Wage and Hour Laws; 2021 Legislative Updates; and
The Office of the Labor Commissioner (OLC) is the principal wage and hour and labor regulatory agency for the State of Nevada. The OLC is responsible for ensuring that minimum wage, prevailing wage, and overtime are paid to employees in Nevada, and that employee rest, break, and lunch periods are provided. In addition, the OLC has authority ...
Nevada Wage Garnishment Calculator (2024 update)
Here are the specific Nevada wage garnishment laws that are factored into the NV wage garnishment calculator above. "This amount must not exceed 18% of the disposable earnings if the employee's gross weekly salary or wage on the date the most recent writ of garnishment was issued was $770 or less, or 25% of the disposable earnings if the ...
A Guide to Nevada Wage Garnishment Laws
Under federal law, the garnishment amount for judgment creditors is limited to 25% of your disposable earnings for that week (what's left after mandatory deductions) or the amount by which your disposable earnings for that week exceed 30 times the federal minimum hourly wage, whichever is less. ( 15 U.S.C. § 1673 ).
What Is Wage Assignment?
10â 000 Hours / Getty Images. Definition. Wage Assignment. Wage Garnishment. Money is taken from your paycheck voluntarily to repay debt. A legal procedure where a portion of an employee's earnings is withheld to repay debt. No court order required. A court order usually precedes wage garnishments. You have the right to stop the wage ...
Nevada's Employment Law: Rights and Obligations
Nevada's Wage and Hour Laws: Know Your Rights. Navigating through Nevada's wage and hour laws is crucial for ensuring fair pay and just working conditions. Minimum Wage Standards. As of 2023, Nevada's minimum wage is set at $12.00 per hour for employees without health benefits and $10.00 for those with health benefits provided by the ...
Wage Garnishment in Nevada
The amount of your weekly disposable income that exceeds 50 times the federal minimum wage. The current minimum wage is $7.25, so 50 times that is $362.50. 82% of your weekly disposable earnings if your gross weekly salary or wage on the date that the most recent writ of garnishment was issued is $770 or less.
Wage Assignment: What It Means, How It Works
Wage Assignment: The procedure of taking money directly from an employee's compensation under the authority of a court order, in order to pay a debt obligation. Wage assignments are typically a ...
Nevada Garnishment LawsGarnishment Laws
Minimum wage is $7.25 per hour and adds up to $217.50 per pay period. Thus anything above that figure would be 100% garnishable unless otherwise protected by the 25 Rule or Nevada state law. Nevada State Law. Nevada state law provides additional protection for its resident debtors from excessive wage garnishments.
NRS 608.030
Assignment of wages void against judgment creditors 608.190 Willful failure or refusal to pay wages due prohibited. 608.0193 Employer required to provide break time to express breast milk 608.195 Criminal and administrative penalties. 608.0195 Periods for sleep. 608.0197 Employer required to provide paid leave 608.0198
Wage Assignments in Consumer and Other Contracts
The "wage assignment" provision assigns the borrower's future wages to the creditor in the event of default by non-payment. If a default occurs, the creditor in effect forecloses on the security (the wages) by sending a garnishment demand to the employer. Usually, the letter is written by the creditor's attorney or billing department.
Nevada: New Laws Imposing New Requirements on Employers
Wage Claims. The Nevada legal community has long debated whether employees have a private right of action to sue their employers for failing to pay wages when due or whether they are limited to ...
Nevada passes law to regulate earned wage access providers
On June 13, Nevada's governor signed into law Senate Bill 290 creating the nation's first statutory framework for earned wage access (EWA) providers operating in the state. The law appoints the state's Commissioner of Financial Institutions to oversee the industry. Earned wage access products allow consumers to access their earned wages ...
Nevada Salaried Employees Laws
For more detailed information, refer to Nevada Overtime Laws. Violation of Salaried Employees Wages Payment in Nevada . In Nevada, when an employer fails to provide timely payment to an employee, the employee has the right to receive a penalty equivalent to one day's wages for each day the payment is overdue, up to a maximum of 30 days.
Wage assignment and employers' responsibilities
A. A wage assignment is a document that allows a creditor to attach part of the employee's wages if the employee fails to pay a specific debt. The creditor does not have to obtain a judgment in ...
PDF STATE OF NEVADA DEPARTMENT OF EMPLOYMENT, TRAINING AND ...
WAGE GARNISHMENT CALCULATOR YOUR RESULTS ARE IN THESE COLUMNS. WAGE GARNISHMENT AMOUNT IN SHOWN IN COLUMN K. TABLE FOR BI-WEEKLY PAY SCHEDULE Gross Wage Amount and Percentage Threshhold [NRS 31.295.2(a)(b)] STATE OF NEVADA DEPARTMENT OF EMPLOYMENT, TRAINING AND REHABILITATION EMPLOYMENT SECURITY DIVISION Gross Wage Amount and Percentage
Wage Assignments and Garnishments: What Finance Leaders Need to Know
Here are three things to consider when conducting those audits. 1. Compliance. Wage assignments and wage garnishments differ in many ways. In fact, a wage assignment is not a garnishment. A wage assignment is a voluntary agreement between the employee and creditor where an amount is withheld from the employee's paycheck to satisfy a debt owed ...
Nevada Assignment of Wages Due or to Become Due
These assignments carry legal weight and are not revocable by the employee unless authorized by the governing laws. 3. Voluntary Nevada Assignment of Wages Due or to Become Due: Under voluntary assignments, individuals agree to assign a portion of their wages to a specific creditor to satisfy a debt. Unlike statutory assignments, these ...
What Nevada's pioneering earned wage access law really means
Nevada's new state law, SB290, is the first piece of legislation in the US to regulate the earned wage access market at a state level. It requires operators to obtain a licence from the Commissioner of Financial Institutions. It was signed into law by the state governor earlier this month, and will begin to take effect from the beginning of ...
Nevada Assignment of a Specified Amount of Wages
In conclusion, the Nevada Assignment of a Specified Amount of Wages is a legal mechanism that allows creditors to collect a portion of an employee's wages to satisfy a debt. Voluntary Assignment occurs when an employee willingly assigns a specified amount of wages, whereas Garnishment involves a court-ordered deduction of wages.
PDF Overview of Nevada Wage and Hour Laws; 2023 Legislative Updates; and
The Office of the Labor Commissioner (OLC) is the principal wage and hour and labor regulatory agency for the State of Nevada. The OLC is responsible for ensuring that minimum wage, prevailing wage, and overtime are paid to employees in Nevada, and that employee rest, break, and lunch periods are provided. In addition, the OLC has authority ...
Nevada Employment Law Attorneys
Nevada Judiciary - The Nevada Judiciary has a historical foundation and plays a vital role in the state's legal landscape. Established upon Nevada's statehood in 1864, its duties include interpreting and applying the law, adjudicating civil and criminal cases, ensuring due process, protecting individual rights, and overseeing family law matters such as divorce and child custody.
Rule 2.49
Rule 2.49 - [Effective until 6/25/2024] Assignment of matters to specialty dockets (a) "Specialty dockets" shall include: (1) Matters in which the primary claims or issues are based on, or will require decision under NRS 40.600 et seq.; (2) "Business matters" as defined under EDCR 1.61; and (3) Any other specialty dockets that may be established by the chief judge to handle complex matters.
Nevada Introduces First Regulatory Standards for Earned Wage Access in
Nevada Introduces First Regulatory Standards for Earned Wage Access in the US. June 17, 2023; DailyPay's CEO Kevin Coop shared his insights on Nevada's EWA regulation law getting signed. Explore More. Make Your Business a Place Where People Love to Work. Speak with a Specialist. DailyPay HQ. 55 Water Street New York, NY 10041.
State of Nevada Announces
Division of Human Resource Management. Southern Nevada. 7251 Amigo St, Suite 120. Las Vegas, NV 89119. TDD for the Hearing Impaired (800) 326-6868. To begin the application process, click on the Apply button. Click Cancel to return to the previous page.
US prisoners are being assigned dangerous jobs. But what ...
Leavitt was part of a Nevada wildfire crew sent to mop up a wildfire hotspot. A class-action lawsuit resulted in a $340,000 settlement and better training and equipment going forward.
South Carolina Becomes Fifth State to Enact Law Regulating Earned Wage
South Carolina is the fifth state to pass a law that regulates earned wage access services, also known as on-demand pay services. Read more about this law. ... Missouri, Nevada, and Wisconsin, each of which have adopted similar legislation. ... and the services are not wage assignments under the South Carolina Consumer Protection Code. The law ...
Good faith (law)
In contract law, the implied covenant of good faith and fair dealing is a general presumption that the parties to a contract will deal with each other honestly, fairly, and in good faith, so as to not destroy the right of the other party or parties to receive the benefits of the contract.It is implied in a number of contract types in order to reinforce the express covenants or promises of the ...

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