Nevada Employment Legal Questions

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 14 exemptions to these requirements under NRS 608.018(3), including but not limited to employees who are employed in bona fide executive, administrative or professional capacities.... Read Answer

Employees in Nevada are presumed to be at-will; therefore an employer can dismiss an at-will employee with or without cause, so long as the dismissal does not offend this state's public policy. State of Nevada v. Dist. Ct. (Anzalone), 118 Nev. 140, 151, 42 P.3d 233, 240 (2002). While this court has recognized certain exceptions to the at-will employment doctrine, the exceptions are “severely limited to those rare and exceptional cases where the employer's conduct violates strong and compelling public policy.” Sands Regent v. Valgardson, 105 Nev. 436, 440, 777 P.2d 898, 900 (1989) (declining to create an additional exception to the at-will employment doctrine for age discrimination). Therefore wrongful termination requires a contractual basis or a violation of public policy in the termination.... Read Answer

Lucia: You are welcome to contact our firm regarding any questions regarding the docket and status of the matter.  While we are not Plaintiffs' counsel on the matter, we would be happy to provide any guidance which you might require regarding the Greene v. Alan Waxler Group Charter Services, LLC (Case 09-00748).  The other matter you reference Baum et al v. Waxler, (Case No. 09-00914) was dismissed after one week in 2009 and has remained closed.... Read Answer

There are few legal protections for workplace bullying.  However as presumably a School District employee, you may have collective bargaining rights within your contract.  The most common place that bullying remedies is addressed is through the Workers Compensation in which you are already making a claim.... Read Answer

You do not have to take the company's word for the fact that it was overpaying you and should demand an accounting showing the overpayment.  The company could sue you and assert contractual and/or unjust enrichment claims.  However (depending on the amount in question) many employers would not go to the extent of suing an employee and having to admit its own stupidity in not knowing how to calculate pay.... Read Answer

You have asked about two different claims (1) defamation and (2) breach of contract.  As to defamation, you have not set forth any facts that show that your employer committed defamation against you.  An action for defamation requires the plaintiff to prove four elements: “(1) a false and defamatory statement . . . ; (2) an unprivileged publication to a third person; (3) fault, amounting to at least negligence; and (4) actual or presumed damages.” Pope v. Motel 6, 121 Nev. 307, 114 P.3d 277 (2005); K-Mart Corporation v. Washington, 109 Nev. 1180, 866 P.2d 274 (1993).  You have not indicated that your employer made any false publications as against you. In regards to breach of contract, if you have an actual employment contract which your employer has violated, you may have a claim under that contract.  Be aware that Nevada is an at will employment state.  Since employees in Nevada are presumed to be at-will, an employer can dismiss an at-will employee with or without cause, so long as the dismissal does not offend this state's public policy. State of Nevada v. Dist. Ct. (Anzalone), 118 Nev. 140, 151, 42 P.3d 233, 240 (2002).  Therefore make sure that you have an actual contract which has been violated.... Read Answer

The Nevada Industrial Insurance Act [“NIIA”] covers injuries that arise out of and in the course of the injured claimant's employment. NRS 616C.150(1).  You probably know NIIA by the title "workers compensation." If the nature of the work or the workplace contributes to or increases the risk of injury more than that of the general public, the injury is covered by the NIIA.   The NIIA, with few exceptions, provides the exclusive remedy “for an employee on account of an injury by accident sustained arising out of and in the course of the employment.”  It is improper for an employer to terminate an employee for filing a workers compensation claim.  In Hansen v. Harrah's, 100 Nev. 60, 675 P.2d 394 (1984), the Nevada Supreme Court recognized that at-will employment is subject to narrow exceptions founded upon strong public policy.  While there is no express statutory exception, the Supreme Court determined that it could provide that exception because workmen's compensation laws reflect a clear public policy favoring economic security for employees injured while in the course of their employment and that such laws are to be interpreted to protect injured workers and their families.  The Nevada Supreme Court held that not only is firing an employee for filing a workers compensation claim actionable in tort, but if the employee can show that the retaliatory discharge was malicious, oppressive or fraudulent conduct on part of employer, punitive damages can be awarded.... Read Answer

Assuming that you are not subject to any form of (a) employment contract which defines the terms of your employment and bases for dismissal or (b) collective bargaining agreement or other job protections, and are but an at will employee, the remedies for termination are limited. Under such circumstances, employers can terminate employees for no reason, so long as the termination is not for a prohibited reason. Since employees in Nevada are presumed to be at-will, an employer can dismiss an at-will employee with or without cause, so long as the dismissal does not offend this state's public policy. State of Nevada v. Dist. Ct. (Anzalone), 118 Nev. 140, 151, 42 P.3d 233, 240 (2002). Exceptions to the at-will employment doctrine are “severely limited to those rare and exceptional cases where the employer's conduct violates strong and compelling public policy.” Sands Regent v. Valgardson, 105 Nev. 436, 440, 777 P.2d 898, 900 (1989) (declining to create an additional exception to the at-will employment doctrine for age discrimination). ... Read Answer

There are a number of things you should do: 1,   Contact the local police and report the threats to them. Do this immediately.   2. Get a restraining order against him if possible. 3. Contact your University Security Department and make a report about the threats he has made to you.   Insist on doing this. 4. If the threats are a consequence of your race, color, creed, religion, gender, national origin, age, membership in or status as a veteran of the armed forces of the US file a charge of unlawful harassment with the EEOC and/or state anti-discrimination agency, 5. File a grievance against the Director through the University's grievance policy. 6. Inform the Director's boss of the threats he made you; and  7. Contact a local attorney to represent you in this dispute. You shouldn't wait until he has hurt you before taking these steps. Michael Caldwell 404-979-3150... Read Answer

It is unlawful under the federal Fair Labor Standards Act for a covered employer (i.e., most employers) to fail to keep accurate records of the time that its non-exempt employees actually work, and to fail to pay them overtime based on the hours they actually work. Although an employee must be "genuinely salaried" to fall within most of the exemptions from the overtime pay requirements, not every salaried employee is exempt. To be exempt one must both be genuinely salaried and perform the functions and otherwise meet every part of the FLSA tests for the white collar exemptions. There are certain jobs in certain industries that in and of themselves, are exempt from overtime pay requirements under the FLSA, without regard to the employee's salaried status. However most exemptions fall within what are known as the "white collar exemptions" all of which require that the employee who the employer claims to be exempt  is genuinely salaried. There are probably also Nevada state laws that provide the same or even better protections than the federal laws.  You should contact a Nevada Labor and Employment lawyer who handles claims under the Fair Labor Standards Act (a/k/a Wage-Hour claims).   Michael Caldwell 404-979-3150... Read Answer

The only exemption that might apply to your duties is the computer professional exemption.  If your job does not fit every part of the exemption, you are not exempt and the employer is required to pay you for all the time you actually spend working.   Here is what the Department of Labor says about the Computer professional exempt status: You have to be paid a genuine salary of at least $27.63/ hour You have to be employed as a systems analyst, computer programmer, software engineer, or a similar job and Your primary duty must be a. Application of systems analysis techniques including consulting with users to determine hardware, software or system functional specifications b.The design, development, documentation, analysis, creation, testing or modification of computer systems or programs including prototypes based on and related to user or system design specification; c.  The design documentation, testing creation or modification of computer programs related to machine operating systems or d.   A combination of the aforementioned duties, the performance of which requires the same level of skills. If your primary duty (the job on which you spend most your time) does not fit into a, b, c, or d, then you are not exempt under this exemption. Supervisors are not automatically exempt.  Executives (who head a company or a recognized subdivision of a company) are.  To be exempt they have to have hiring or firing authority over at least 2 people.  Michael A. Caldwell 404-979-3150  ... Read Answer