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Whether you work in Las Vegas, Reno or Carson City, there will probably come a time when your job status changes – either because you have quit or because you’ve been laid off. While this is a part of working life, it is important to know what the law says about how an employer should handle your departure. This is particularly true when it comes to Nevada’s rules on the payment of final paychecks.
For employers too, it is critically important that they understand the timelines and rules around final paychecks. This topic is misunderstood by many organizations, and businesses run the risk of expensive penalties by not taking the time to understand the law.
If a worker quits their job, the employer must pay their final paycheck no later than either the normal payday they would have been paid on or seven days after the employee resigns (whichever is earlier). Either way, the final paycheck should include all wages and compensation that the employee has earned but not yet been paid for.
When an employee is discharged in Nevada, the law say that their employer must pay the full final paycheck immediately. This must include all unpaid wages and compensation that the employee has earned. Employers have a three day period after an employee is discharged before they will be penalized for late payment.
If an employer fails to pay a final paycheck on time, the employee may be able to file a complaint with Nevada’s Labor Commissioner. The process involves looking into the specific situation and circumstances, and the Commissioner will investigate whether Nevada’s rules have been followed.
The rules for issuing final paychecks in Nevada make it clear that there are penalties for an employer that fails to pay within the required timelines. After the appropriate deadline has passed, an organization will be required to pay the same wages to the employee from the day they quit or are laid off until the day they receive the final paycheck, or for 30 days (whichever is less).
Employees should note, however, that they cannot receive these additional payments if they have intentionally avoided the timely payment of their final paycheck.
In addition to these other penalties, employers that break the rules on final paycheck payment can also be fined up to $5,000 for each violation.
Before an employer issues a final paycheck, some employees might be concerned that their employer will keep hold of some of the wages they have earned. In Nevada, the law says that an employer can only withhold wages for the purposes of taxes, or for purposes that the employer has expressly consented to – such as healthcare payments or for a corporate savings plan.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified wage and hour lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local wage and hour attorney to discuss your specific legal situation.