State Law > Nevada > Nevada Wage Payment Law

Nevada Wage Payment Law

 

Nevada wage payment law is located in Title 53, Chapter 608 of the Nevada Revised Statutes.

  • NRS 608.011 "Employer" defined. NRS 608.0113 "Private employment" defined.
  • NRS 608.012 "Wages" defined.
  • NRS 608.013 Employer to post abstract of chapter.
  • NRS 608.015 Unlawful to induce employee to refrain from testifying.
  • NRS 608.016 Payment for each hour of work; trial or break-in period not excepted
  • NRS 608.020 Discharge of employee: Immediate payment.
  • NRS 608.030 Payment of employee who resigns or quits his 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 Notice of paydays and time and place of payment: Posting.
  • NRS 608.090 Adjustment of wages for additional payments; notice by employer; payment.
  • NRS 608.100 Unlawful for employer to pay lower wages than agreed upon by collective bargaining agreement; unlawful rebates of wages; penalty.
  • NRS 608.110 Withholding of portion 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 608.150 Original contractor liable for indebtedness for labor incurred by subcontractor or contractor acting under, by or for original contractor; civil action to recover.
  • NRS 608.155 Meals as part of wages or compensation; exception.
  • 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 608.195 Violations as misdemeanors.

NRS 608.011 "Employer" defined.

"Employer" includes every person having control or custody of any employment, place of employment or any employee.

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 608.012 "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; and 2. Commissions owed the employee, but excludes any bonus or arrangement to share profits.

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.

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

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.

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.

NRS 608.030 Payment of employee who resigns or quits his employment.

Whenever an employee resigns or quits his employment, the wages and compensation earned and unpaid at the time of his resignation or quitting must be paid no later than: 1. The day on which he would have regularly been paid the wages or compensation; or 2. Seven days after he resigns or quits, whichever is earlier.

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

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

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 his or its 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 his or its employees may charge and collect wages in the sum agreed upon in the contract of employment for each day his employer is in default, until he is paid in full, without rendering any service therefor; but he 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 he would have

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. Sec. 541.1, 541.2 and 541.3;

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

(c) The capacity of a supervisor, as defined in 29 U.S.C. Sec. 152, 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.

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 service.

NRS 608.080 Notice of paydays and time and place of payment: Posting.

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 place of payment, which shall be within the justice’s court precinct in which such services were performed.

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

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 him 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.

NRS 608.100 Unlawful for employer to pay lower wages than agreed upon by collective bargaining agreement; unlawful rebates of wages; penalty.

1. It shall be unlawful for any employer of labor in this state to pay a lower wage, salary or compensation to his employee than that agreed upon through a collective bargaining agreement, if any, or to pay a lower wage, salary or compensation than the amount that the employer is required to pay to his employee by virtue of any existing statute of this state or by contract between the employer and the employee.

2. It shall be unlawful for any employer of labor in this state to require his employee to rebate, refund or return any part of the wage, salary or compensation theretofore paid to such employee.

3. Any person violating the provisions of this section shall be guilty of a misdemeanor.

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.

NRS 608.115 Records of wages.
1. Every employer shall establish and maintain records of wages for the benefit of his 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.

(c) Net cash wage or salary.

(d) 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 he submits his request. 3. Records of wages must be maintained for a 2-year period following the entry of information in the record.

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 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. 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.

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 him, 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 him arising from his reliance on the validity of the instrument.

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

1. Every original contractor making or taking any contract in this state for the erection, construction, alteration or repair of any building or structure, or other work, 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. It is unlawful for any 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.

3. The district attorney of any county wherein the defendant may reside or be found shall 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 all wages and damage 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.

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 $1.50 per day. In no case shall the value of the meals consumed by such employee be computed or valued at more than 35 cents for each breakfast actually consumed, 45 cents for each lunch actually consumed, and 70 cents for each dinner actually consumed.

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

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 his employees.

(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 his employees.

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.

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.

NRS 608.195 Violations as misdemeanors.

1. Except as otherwise provided in NRS 608.0165, any person who violates any provision of NRS 608.005 to 608.195, inclusive, 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.

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