Free Nevada Labor and Employment FAQs | Free Nevada Labor and Employment Legal Documents

Am I Entitled To Rest Or Meal Breaks?

Tue, 29 May 2007 21:19:00 GMT

You are entitled to a 10 minute rest period for each four 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.

Are Any Occupations Prohibited For Minors?

Tue, 29 May 2007 21:19:00 GMT

For detailed information on restricted occupations, click on the following link:

Employment of Minors

Are There Restrictions On The Hours That A Minor May Work?

Tue, 29 May 2007 21:19:00 GMT

No child under the age of 16 years may be work at any occupation, other than domestic service, employment as a performer in the production of a motion picture or work on a farm, more than 48 hours in any 1 week, or more than 8 hours in any 1 day.

Can I Work Part Time And Still Receive Benefits?

Tue, 29 May 2007 21:19:00 GMT

You are considered unemployed in any calendar week during which you performed no work and earned no wages or worked less than fulltime and were paid less than your weekly benefit amount. If you work parttime and/or earn less than your weekly benefit amount, you must contact the Telephone Claim Center for further instructions.

Can My Employer Fire Me Without A Reason?

Tue, 29 May 2007 21:19:00 GMT

Yes. Nevada is an "employmentatwill" state, meaning that an employer may terminate an employee 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.

How Do I File For Continued Benefits?

Tue, 29 May 2007 21:19:00 GMT

To certify a week of unemployment and request a weekly, continued benefit check, you can call the automated response system called QuickClaim. QuickClaim is filed by you each week on a touchtone telephone. The QuickClaim system will accept claims for the prior week only. You may call between the hours of 6 a.m. and 11 p.m. Pacific Standard Time seven days a week to file a claim. The telephone numbers are as follows: Northern Nevada (775) 6840350; Southern Nevada (702) 4860350, or rural Nevada Interstate (888) 8908211.

You may also file for weekly benefits online. Click on the following link: Internet Claims System.

How Do I Know I Am Eligible?

Tue, 29 May 2007 21:19:00 GMT

You will receive a monetary determination within 7 days after you file your initial claim. This will tell you the monetary amount of your claim (weekly and maximum benefits). However, if there is a separation problem due to your quitting or being fired for misconduct, you will receive a separate decision (adjudication) telling you if you are eligible based upon the reasons for the separation. This will take at least threefour weeks.

How Do I Qualify For Unemployment Insurance Benefits?

Tue, 29 May 2007 21:19:00 GMT

To qualify for Unemployment Insurance benefits, you must:

Be fully or partially unemployed
Be unemployed through no fault of your own
Be able to work
Be available for work
Be actively seeking work
Have earned enough wages to establish a monetary entitlement: You must have base period earnings equal to or exceeding one and onehalf times the high quarter earnings, or wages in each of at least three of the four quarters in the past base period. In both conditions, you must earn at least $400 in the high quarter.

How Much Pay Does An Apprenticeship Receive?

Tue, 29 May 2007 21:19:00 GMT

The average starting wage of an apprentice is about 40% of a journey worker's rate of pay. Programs are required to progressively increase the apprentices wages provided the onthe job training and school performance is satisfactory and in accordance with apprenticeship committee.

The program sponsor is required to pay the cost of training. The apprentice may be required to furnish his or her own books and tools.

How Often Must I Be Paid?

Tue, 29 May 2007 21:19:00 GMT

Wages must be paid at least semimonthly.

Is An Employment Certificate Required To Hire A Minor?

Tue, 29 May 2007 21:19:00 GMT

The only certificates issued are those for minors under age 14 with written permission of district judge.

What Can Be Deducted From My Wages?

Tue, 29 May 2007 21:19:00 GMT

An employer may not withhold, deduct, or divert any part of an employee's pay other than those items required by federal and state law, unless the employee specifically consents to the deduction in writing. Deductions should be supplied on your pay stub. An employer must furnish this information within ten days of your written request.

What Can I Do If I Am Denied Benefits?

Tue, 29 May 2007 21:19:00 GMT

If you have been denied benefits, a factfinding interview is conducted to determine whether or not benefits may be paid under Nevada law. The interview is conducted by a nonpartial representative called an adjudicator. Adjudicators review separation from the last employer, as well as the nexttolast employer if the last period of employment was less than 16 weeks. If either of these separations was for a reason other than a lack of work, the adjudicator will issue a determination as to whether that separation is disqualifying under the law.

If either claimant or employer disagree with the determination, they have the right to appeal the decision and obtain a fair hearing before a separate and impartial appeal referee. An appeal must be filed within 10 days of the date the decision was mailed to you. You may appeal the decision by sending a letter to the address shown on the decision requesting an appeal. Be sure to include your name, Social Security number, and the basis of your appeal. You must sign your appeal request.

What Can I Do If My Employer Does Not Pay Me My Wages?

Mon, 04 Jun 2007 21:51:22 GMT

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. Some claims are settled immediately, but others take longer or are set for a hearing to resolve them.

What If I Am Overpaid?

Tue, 29 May 2007 21:19:00 GMT

Occasionally, benefits are improperly paid. Overpayments may occur for a variety of reasons which may include, but are not limited to: claimant error, appeal reversals, fraud, failure to report earnings or income, or division errors. All overpaid benefits must be repaid to the division.

The division may withhold your weekly benefit entitlement and apply that amount to repay the overpayment. You may be eligible for a reduced weekly withholding. Contact the Benefit Payment Control Collections office at (775) 6840475 to discuss your eligibility for this option. You may also apply for this option through the Telephone Claim Center.

If you feel that repaying the overpayment would cause you extreme hardship, you may request that the overpayment amount be waived. Waiver request must be in writing and include all financial and/or personal circumstances to support your claim of hardship.

What Is Apprenticeship Training?

Tue, 29 May 2007 21:19:00 GMT

Apprenticeship is a system of supervised training leading to certification in a trade, occupation or craft. It combines on the job training with classroom related instruction. There are currently 174 registered programs in Nevada with over 4,500 apprentices registered. The Nevada State Apprenticeship Council is charged with the responsibility of regulating apprenticeship in Nevada.

There are over 800 apprenticeable occupations registered with the U. S. Dept. of Labor, Bureau of Apprenticeship and Training. For more information, see a list of Registered Apprenticeship Programs.

What Is The Law Regarding Overtime?

Tue, 29 May 2007 21:19:00 GMT

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 or more than 8 hours in any workday unless compensation is $7.73 or more per hour. 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.

What Will My Benefit Amount Be?

Tue, 29 May 2007 21:19:00 GMT

Your weekly unemployment benefit amount in Nevada can be as low as $16 and as high as $301.00. The amount of your benefits depends on the earnings used to compute your claim at the time you file for benefits. Your weekly benefit amount will be 1/25 or four percent of your highest quarter earnings. Based on these earnings, the maximum duration of any claim is 26 weeks, but this will vary depending on the wages used to compute the claim.

What Will Occur After I File An Appeal?

Tue, 29 May 2007 21:19:00 GMT

The Appeals Tribunal will send you a Notice of Hearing at least seven days before the hearing. You may be represented at the hearing by anyone of your choice, such as an attorney. However, it is not essential and most people who appeal do not hire a lawyer. This hearing is normally your only opportunity to present any testimony, witnesses, or documents that you think are necessary. So be prepared to present your entire case at this hearing. Documents must be mailed to the Appeals Office before the hearing.

Until the appeals referee issues a decision as a result of your hearing, continue to file claims for weeks that you remain unemployed. If you win your appeal you will receive checks for every week you filed for unemployment benefits and were eligible to receive them.

A written referee's decision will be mailed to you and all other parties. If you are dissatisfied with the referee's decision, you have 10 days from the mailing date shown on this decision to file a written appeal to the Board of Review. Include your name and Social Security number, and attach a copy of the referee's decision. You must sign your appeal request. If you are dissatisfied with the decision of the Board of Review you may petition the District Court for appeal.

What is the minimum wage in Nevada?

Tue, 29 May 2007 21:19:00 GMT

The minimum wage in Nevada is currently $6.85 per hour. In Nevada, tips may not be applied as credit toward the payment of the statutory minimum wage.

When Does My Employer Have To Pay Me After I Quit Or Have Been Fired?

Fri, 18 Apr 2008 23:55:10 GMT

When you are fired or laid off, wages and compensation earned and unpaid when discharged become due and payable immediately. If you quit, wages and compensation must be paid no later than the day on which you would have been regularly been paid or within 7 days, whichever is earlier.

When Will I Get My Check?

Tue, 29 May 2007 21:19:00 GMT

If there are no problems with your claim, your first check will come approximately10 working days from the date of filing your initial claim. To receive continued weekly checks, you must file weekly (continued) claims. The earliest date to file your weekly claim is the Sunday following the Saturday week ending date.

Who Is Eligible For Apprenticeship Programs?

Tue, 29 May 2007 21:19:00 GMT

All of the programs have different requirements for applicants. The basic requirements are that an applicant be at least 18 years of age, have a high school diploma or its equivalent before being accepted into a program, or receive a high school diploma or its equivalent within 1 year after being indentured as an apprentice or upon completion of a school to work program or a welfare to work program.

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