Christian Gabroy and Kaine Messer of Gabroy | Messer were recently recognized for obtaining one of the top 100 Hour and Wage labor & employment settlements in the united states in the year 2020. This settlement came as a result of the Class Action lawsuit filed on behalf of May, et al. against Wynn Las Vegas L.L.C., et al. for Wage & Hour Violations.
The Office of the Labor Commissioner is Nevada state’s principal wage-and-hour and labor regulatory agency. The OLC ensures that employees receive minimum wage, the prevailing wage and overtime in Nevada. It also ensures that employees have rest, break, and lunch periods. The OLC also has the authority to regulate minors’ employment and other employment practices. This office has as its vision and mission to solve labor-related issues in a professional, efficient, and effective way. To promote Nevada’s economic growth, the OLC educates both employers and employees about their rights and responsibilities under Nevada law. When necessary, the OLC enforces the law to ensure workers in Nevada are treated fairly.
Hour and Wage Violations
Employers are required to comply with certain federal or state laws governing the payment of wages. An attorney can help you to pursue legal action against your employer, such as a lawsuit to recover wages owed to you by your employer.
Find out more about these wage and hour issues.
Employers are most likely to violate wage laws by failing to pay the overtime premium. Federal and state law provide overtime for employees who work more than 40 hours per week. Nevada law also allows for daily overtime. Employees earning less than 1.5x the minimum wage have overtime rights if they work over eight hours per day.
However, overtime is not a right for all employees. Hourly employees who are not exempt from overtime have the right to it, but other employees are exempt. Exemptions most commonly apply to outside salespeople and employees with “white-collar”, high-level administrative work. You are eligible for overtime unless your employer can show that you fall within one of the narrow exemptions.
Your unpaid wages represent the difference between what your employer should have paid you and what you actually received. Employees are entitled to time and a half for overtime hours. This means you are owed 50% more than your regular hourly pay. If you earn $16 an hour, overtime work is entitled to $24 an hour.
For example, if Barbara works as a busser in a restaurant, she usually earns $9 an hour and works 40 hours per week. Barbara takes an additional eight-hour shift when local hotels are booked for large conventions. She earns $9 per hour regularly for her first 40 hours. That would total $360. With the extra shift, she would earn $13.50 per hour for eight extra hours, which equals $108. This would make a grand total of $468 for that day.
What Is Involved In Filing A Wage & Hour Violation Claim?
An attorney should be contacted if your claim is for a large amount of money. This will allow you to maximize the amount you receive. You might consider filing a claim for wage and hour violations with the Nevada Labor Commission if the amount is small. You should definitely file a wage claim if your employer owes you wages.
To collect wages from your employer, you must first make a ” good-faith attempt” before filing a wage claim. Independent contractors cannot file wage claims. File a complaint with Labor Commission if your employer does not owe wages, but violates another wage and hour statute.
Filing a Lawsuit
You can file a claim or lawsuit against your employer if they fail to pay you the wages you’ve earned. The Commissioner has made the wage claim form downloadable online. You can find the link on the home page.
Talk to an experienced Nevada lawyer if you are looking to file a lawsuit or make a wage claim. An attorney can file a wage claim for you or file a lawsuit to recover your wages. Your attorney can request the judge to pay your attorney’s fees if you win your case.
You should act fast if you want to protect your rights. You have only two years to file a claim for violation of Nevada’s minimum wages law. You generally have three years to file for violations of state law. Unless the employer committed a willful violation, you only have two years to file a federal law violation. For willful violation, you’ll have three years. You can also ask a lawyer if there are any other claims you may have, such as a claim for breach of contract. These cases usually have different time limits.
