Nevada Employment Law Blog

How to Properly Withhold from Employees' Final Paychecks in Nevada

Dora Lane

In Gordon v. City of Oakland, Case No. 09-16167 (9th Cir., Nov. 19, 2010), the United States Court of Appeals for the Ninth Circuit (which includes Nevada) held that the City could properly require an employee who had left a job within a specified period of time to reimburse the City for training costs that the City had paid in anticipation that the employee would remain employed with the City for that period of time, without violating the Fair Labor Standards Act ("FLSA").  An important part of the Gordon decision was the fact that the City actually paid the employee's full final paycheck, but later sent her a reimbursement request for the training costs she had previously agreed to repay.  The employee unsuccessfully argued that the City's repayment request violated the FLSA and California wage and hour laws because, had she had to pay for the training, her wage rate would have fallen below the applicable minimum wage for the final pay period.  In affirming the lower court's decision to throw out the employee's case, the Ninth Circuit noted that, by advancing the training costs to the employee, the City had essentially given her a loan, and that there was a difference between withholding earned wages and asking for a loan repayment. 

Nevada Supreme Court Articulates New Test to Determine Whether On-the-Job Injury Arose Out of Employment

Dora Lane

Under the Nevada workers’ compensation scheme, an employee bears the burden to show that an injury suffered on the job arose out of the course and scope of employment.  Until recently, under the holdings of Rio Suite Hotel & Casino v. Gorsky, 113 Nev. 600, 939 P.2d 1043 (1997), and Mitchell v. Clark County School District, 121 Nev. 179, 111 P.3d 1104 (2005), an employee who was unable to demonstrate a causal connection between the workplace environment and her on-the-job injury, would likely be denied workers’ compensation benefits.  For example, an employee who tripped on a piece of torn carpet in the hallway in front of her office would likely be able to show sufficient connection between her workplace and her resulting injury.  By contrast, if the employee suffered a fall because of an epileptic condition or if the employee could not explain how she injured herself, no such causal connection would likely exist.  This is because the Nevada Supreme Court has stated that employers are not absolutely liable for all injuries, simply because these injuries might occur on the job.  

The US Department of Labor Issues a Guidance on Lactation Breaks

Dora Lane

The recently enacted Patient Protection and Affordable Care Act amends the Fair Labor Standards Act ("FLSA") to require that employers provide "reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child's birth each time such employee has need to express the milk."  In addition, the FLSA now mandates that employers provide "a place, other than a bathroom, that is shielded from view and free from intrusion from co-workers and the public, which may be used by an employee to express breast milk." (This requirement does not preempt state laws which may give greater protection to employees with respect to lactation breaks.)

The Nevada Minimum Wage Increases Again Effective July 1, 2010

Dora Lane

Effective July 1, 2010, in accordance with Article 15, Section 16(A) of the Nevada Constitution, the Nevada minimum wage for employees to whom qualifying health benefits have been made available by the employer increased to $7.25 per hour, and to $8.25 per hour for employees to whom no such qualifying health benefits have been made available.

The minimum wage increase affects the daily overtime rates due to some employees under Nevada law.  Specifically, unless another exemption applies, Nevada employers must pay daily overtime in an amount 1.5 times an employee's regular wage rate whenever an employee who receives less than 1.5 times minimum wage works more than 8 hours in any workday.  (This obligation is independent from the obligation to pay overtime for hours worked in excess of 40 per week.)  Accordingly, employees to whom qualifying health benefits have been made available may be entitled to daily overtime if they receive less than $10.875 per hour.  Employees to whom qualifying health benefits have not been made available may be entitled to daily overtime if they receive less than $12.375 per hour.  

 

Are Individual Managers Liable for Unpaid Employee Wages Under Nevada Law?

Dora Lane

In these difficult economic times when many companies are forced to close their doors, employees often turn to other sources to recover unpaid wages.  Because NRS 608.011 defines an “employer” as “every person having control or custody of any employment, place of employment or any employee,” the Nevada Labor Commissioner has previously taken the position that individual managers and supervisors may be liable for unpaid employee wages.