Frequently Asked Questions
What does the Office of the Labor Commissioner do? How does it help me?
- The Labor Commissioner enforces certain Nevada Revised Statutes relating to persons required to earn their living in the private sector by their own endeavors. For a complete list of statutes and regulations enforced by the Labor Commissioner, please see Laws & Regulations.
Wage & Hour
What are "wages"?
- "Wages" means the amount which an employer agrees to pay an employee for the time the employee has worked, computed in porportion to time, and commissions owed to the employee.
What is minimum wage in Nevada?
- Minimum wage in Nevada is $7.25 per hour with insurance, and $8.25 per hour without insurance.
I'm a tipped employee. Can my employer pay me less than minimum wage?
- No! In Nevada, tips may not be applied as credit toward the payment of the statutory minimum wage.
How often must I be paid?
- Wages must be paid at least semi-monthly.
What can be deducted from my wages?
- An employer may not withhold, deduct or divert any part of an employee's pay other than benefits and those items required by federal and state law, unless the employee specifically authorizes the deduction in writing.
What deductions is my employer taking out of my wages?
- Deductions should be supplied on your pay stub. An employer must furnish this information within 10 days of your written request.
- Rest periods are based on the total hours worked daily at the rate of 10 minutes for each 4 hours worked. An unpaid meal period of 30 minutes of uninterrupted time shall be authorized for an employee working a continuous period of 8 hours.
Can my employer fire me without a reason?
- Yes. Nevada is an "employment-at-will" state, meaning that an employer may terminate the relationship at any time and without any reason. The employer cannot discriminate based on sex, race, color, national origin, age, religion or disability. For information on discrimination claims, please contact the Nevada Equal Rights Commission.
Does my employer to have to give me notice when he/she fires me? Do I have to give notice when I quit?
- No. Notice is not required by either party.
When does my employer have to pay me after I quit or have been fired?
- When you are fired or laid off, wages and compensation earned and unpaid when discharged become due and payable immediately. The employer has three days to get your final payment to you if you have been terminated. If you quit, wages and compensation must be paid no later than the day on which you would have been regularly paid or within seven calendar days, whichever is earlier.
Am I entitled to my unused vacation when I am fired or quit?
- Nevada statutes only require payment for time worked.
Is it legal for the employer to require employees to purchase uniforms?
- All uniforms or accessories distinctive in style, color , or material shall be furnished, without cost to employees.
Who is entitled to overtime?
- Generally, in Nevada, an employer must pay time and one half of an employee's regular wage rate whenever an employee works more than 40 hours in any scheduled workweek. in addition, employees who are paid a base rate of one and one half times the minimum wage or less per hour may be entitled to overtime if they work more than eight hours in any workday. There are a number of exemptions to this rule, and federal wage and hour rules may apply. See NRS 608.018 for more information on exemptions.
Filing a Claim
I haven't been paid. What should I do?
- First, ask the employer for what you are owed. Then, if you do not receive payment, you may file a complaint with the Office of the Labor Commissioner in Las Vegas or Carson City. For a copy of the wage claim form, click here.
What information should I bring?
- Bring copies of check stubs, time records, receipts, the names and addresses of all managers, supervisors, owners, or officers of the employer and any other information that might be helpful in proving your claim, including the names of any witnesses that can testify on your behalf.
When will I receive the wages owed?
- Some claims take longer than others or are set for a hearing to resolve them, assuming they can be resolved. If your employer closes, files bankruptcy, has no liquid assets, or these assets are secured by banks, credit unions, etc., these are factors that may negatively impact your ability to recover wages believed due and owing.
Can I call the Office of the Labor Commissioner about my claim?
- We want to devote our time to trying to recover your wages. If we need information, we will contact you. If you have information vital to your claim, or if you receive payment directly from your employer, please contact our office.
What happens to my claim now?
- In most cases, if the employer pays your claim and the check is made payable to you, the check will be mailed to you. If the check is made payable to the Labor Commissioner's Office, we will deposit that check and issue a check payable to you and mail it to you. We will then close the case.
- If the employer responds to your claim, you will receive a copy of the reply and will have the opportunity to answer the employer's comments. An investigator will review the information with both parties to determine if wages are due. The investigator may assist you and the employer in reaching a compromise settlement.
- If the employer does not pay your claim, or respond to your letters of demand, the case will go to an investigator who will try to resolve the issue. A hearing may be held to determine the outcome of your claim. If your claim is determined not to be valid, you will be notified, and we will close your file.
What can I do to help?
- Your patience and cooperation are requested as the process required by law takes time. Promptly respond to all inquiries received from the Office of the Labor Commissioner. Keep the office advised of any address or telephone number changes. Remember that you are responsible for substantiating the wage claim.
- If you have any additional information which you consider relevant to the claim, please contact the Office of the Labor Commissioner.
What is a hearing?
- A hearing is set because of a dispute over unpaid wages,and informal negotiations to obtain payment have not been successful. It offers employers and claimants the opportunity to appear and present evidence to the Labor Commissioner or his designee, who will decide the claim.
- The failure of one party to attend the hearing may result in the Labor Commissioner or his designee deciding the case based only upon the evidence of the attending party.
- Written notice will be sent to both parties of the date, time, and location of the hearing.
- Witnesses may be brought by either party. They may attend voluntarily or may be subpoenaed to appear.
- The decision of the Labor Commissioner or his designee will be mailed to the parties after the close of the hearing. He will set forth the facts found from the evidence, the reasons for his decision, and the decision. Pursuant to NRS 607.215, the decision filed by the Labor Commissioner is binding on all parties and has the force of law. Upon petition for judicial review, the court may order a trial de novo.