Wage theft is a pervasive problem, affecting countless low-wage workers across the US, and Nevada is no exception. Many employers, even those paying minimum wage, find ways to skirt the law, effectively stealing wages from their employees.
Remember, for cases like these, you should always consult with a Las Vegas employment attorney or the Nevada Department of Employment, Training and Rehabilitation (DETR) for personalized guidance.
They exempt employees in many of the cases included employers minimum wages. We have already seen the top employment law cases of 2024, and yours could be the next one here.
Understanding your rights under both federal law (like the Fair Labor Standards Act) and Nevada’s specific wage laws is crucial. Many of these practices represent technical wage theft, meaning they might not be immediately obvious as illegal activity.
Does Your Employer Pay Minimum Wage Fairly?
One of the first cases where individuals come across issues in their payouts is regarding cases where minimum wage rules apply. While double pay isn’t practical, the employers shouldn’t take advantage of employee either.
That’s just one case where the employers may be stealing from employees. Let’s look at some of the 12 common other situations where the employers pay time might be unfair. Here is a quick breakdown of these scenarios to keep in mind.
1. Minimum Wage Violations
Nevada’s minimum wage exceeds the federal minimum and varies by county. Failure to pay the actual minimum wage – a minimum wage employers failure to comply – is a clear violation and essentially wage theft. Ensure you’re receiving the equal minimum wage mandated by law. Keep detailed records of your hours worked and pay stubs.
2. Failure to Deliver Overtime Pay
Nevada law mandates overtime pay (usually 1.5 times your usual hourly rate) for nonexempt employees working over 40 hours a week. Employers might steal over time pay by ignoring overtime hours, paying less than the required rate, or misclassifying employees as exempt to avoid overtime provisions.
Therefore, if you don’t want them to steal overtime pay, track your employee hours, and if you’re an otherwise nonexempt employee that employers pay overtime, ensure you’re paid correctly. This includes mandated overtime – even if your employer tries to avoid it. If you are dealing with such a situation, know that you can resolve it.
3. Unpaid Off-the-Clock Work :
Many employers require workers to perform tasks before their shift, after their shift (site unpaid paperwork), or during unpaid breaks. This shift unpaid work is considered wage theft. Keep a detailed log of all paid work hours, including any unpaid preparation or post-shift cleanup.
4. Break Time Wage Theft
While Nevada doesn’t mandate mandatory paid breaks, it does have regulations regarding rest breaks. Denying these mandated breaks or docking employee hours for them is break time wage theft. Familiarize yourself with Nevada’s regulations and document any violations.
5. Independent Contractor Classification
Employers sometimes misclassify employees as independent contractors to avoid paying taxes, benefits, minimum wage per hour, and overtime – essentially avoid paying social security and Medicare taxes. If your employer controls your work and schedule, you are likely an employee, not an independent contractor. This misclassification is a common form of wage theft. Seek legal counsel if you suspect this is happening.
6. Tip Theft:
Employers cannot legally take a share of your tips or require unfair tip pooling. The federal law requires them to pay tipped employees. If your employer is taking a cut of your tips, or if they do not pay tipped workers the correct amount, that’s illegal. Document any instances of tip theft. The federal government pays massive attention to such violations and can be challenge in court. They might even exempt employees from paying for the legal process.
7. Unauthorized Deductions:
Employers cannot make unauthorized deductions from your paycheck. Any deductions not explicitly agreed upon in writing are illegal. Keep records of your pay stubs and any documentation related to deductions. Things like credit card processing fees should never be deducted from your wages.
8. Failure to Pay for Mandated Days Off:
If your company policy guarantees employees certain paid holidays, failure to pay for these is wage theft. Review your employment contract and document any unpaid holidays. This includes the holidays specified in your contract.
9. Falsifying Time Records:
Employers might manipulate time records to reduce employee work time and consequently, your wages. This is effectively stealing wages. Maintain accurate records of your own hours worked. This is a common tactic to avoid paying time and a half for overtime. Overtime violations are a serious concern and require private employers to pay heavy fine.
10. Failure to Provide Required Benefits:
Private companies offer benefits to their employees and the employers are legally obligated to provide them. The exact benefits may vary but they may involve, such as workers’ compensation coverage. Failure to do so is wage theft, even if it doesn’t directly involve unpaid wages.
11. Docking Employee Hours:
If your employer is involved docking employee hours without valid justification, that is a form of wage theft. Keep accurate records of your work hours to counteract any attempts to manipulate your reported employee work time.
This is a common tactic to save money and effectively stealing wages. This often involves employers requiring workers to perform tasks without paying them.
12. Misclassifying Employees:
Employers might misclassify employees to avoid paying overtime or minimum wage. If a worker performs tasks that would normally require overtime pay, but the employer claims they perform managerial duties to avoid overtime rules, that’s a form of wage theft.
The employer must pay according to the work performed, not the job title. This is a common tactic used by employers to expand overtime exemptions beyond what is legally allowed.
What to Do If you’re In This Situation?
If you suspect wage theft, first try to resolve the issue directly with your employer. Keep records of all communications. If that fails, file a complaint with the DETR. Consult an employment attorney. They can advise you on your rights and represent you in legal proceedings.
Don’t hesitate to seek legal counsel; your rights are protected by Nevada employment law. Wage theft is serious; don’t let your employer commit wage theft without a fight. The federal government and private employers offer benefits and protections for employees, and you should utilize them.
Private employers are required to follow wage laws, and you should ensure they do. Don’t let your employer steal your hard-earned money. Remember, the overtime rule is there to protect you. Aggrieved employees have legal recourse. The labor laws are there to protect you.
Labor targets employers who exploit their workers. Don’t be afraid to use them. Wage theft Ottinger, and other legal experts have highlighted the pervasiveness of this issue and the importance of workers understanding their rights. Remember, half wages or half pay is not acceptable.
Connect with Bourassa Law Group Today!
If you or someone around you is dealing with a situation like this, know that Bourassa Law Group and their professionals are here for you. We have years of experience dealing with cases like these and can resolve this matter for you. We ensure you get the highest compensation from theses cases, and all we need is you.
Free Initial Consultations: Discuss your situation with an experienced employment attorney at no cost.
Case Evaluation: We’ll thoroughly review your case to determine the best course of action.
Demand Letters: We’ll draft and send demand letters to your employer to recover your stolen wages.
Negotiation and Settlement: We’ll negotiate with your employer to reach a fair settlement.
Litigation: If necessary, we’ll represent you in court to fight for your rights.
Wage Claim Filing Assistance: We’ll guide you through the process of filing a wage claim with the DETR.
Contact us today and don’t let your employer steal from you
1-800-870-8910