Employment Law in Las Vegas, NV

If you have suffered treatment from an employer in Las Vegas, Nevada that violates employment laws, learning more about the law can help. Hiring an employment law attorney can best help you navigate the process, and increase the chances of winning your case.

What Is Employment Law?

Employment law covers the rights, responsibilities, and obligations within the employer-employee relationship. Employment lawyers serve both employees and employers, though they generally focus their practice on serving one or the other. Regardless of who their clients are, their goal is to present a solid case and defend them.

Understanding Employment Law Labor Rights in Las Vegas, Nevada

Employees have a wide range of rights that employers cannot violate. If employers violate these rights, workers can file a complaint against them. Each state has unique labor laws and some also make provisions for qualifying independent contractors. Below are the most common topics covered in employment law across the country.

Wage and Hour Laws

Laws protect non-exempt employees from being forced to work for low wages and a certain amount of hours without increased pay. These are the wage and hour laws. They outline the minimum wages an employee can earn as well as the maximum amount of hours worked before qualifying employees should get paid overtime.

Nevada, like every other state, has unique wage and hour laws. However, there are federal laws in place that are minimum requirements for all states. For example, the federal minimum wage is $7.25, but most states exceed that amount.

The Fair Labor Standards Act states that non-exempt employees can only work 40 hours per week at their regular wage rates. If they exceed that number, the employer must pay them overtime rates at a minimum of time and a half. Some states also require weekend overtime pay, holiday pay, and overtime for working more than a certain number of hours each day.

According to the Nevada Department of Business and Industry, Nevada is a two-tiered minimum wage state. This means that when a Las Vegas employer provides health benefits, the minimum hourly wage for employees is $8. Alternatively, if they do not provide health benefits, the hourly minimum wage in Las Vegas is $9. However, Assembly Bill 456 states that by 2024 the minimum hourly rates will increase to $11 and $12, respectively. Overtime in the state is currently paid at 1½ times the regular wage for hours worked in excess of 40 in a workweek.

Workers’ Compensation

If you’ve been injured on the job in Las Vegas, NV you might be entitled to workers’ compensation benefits. This includes payments for lost wages and past or future medical bills that resulted from your workplace injury.

In order to be eligible for workers’ compensation, you must meet these requirements:

  • You must be an employee.
  • You must have a work-related illness or injury.
  • Your employer must carry workers’ comp insurance.
  • You must meet the deadline for filing workers’ comp claims.

There are, however, exceptions to these requirements that may still make you eligible for workers’ compensation benefits. However, if your employer is denying you benefits, you should contact a qualified Las Vegas attorney for assistance with your case.

Termination Rights under Las Vegas, Nevada Employment Law

If you live in an at-will state, or your employment is “at-will,” meaning you can be terminated from your job without notice and without cause. However, even at-will employees have rights when it comes to termination. A violation of those rights can be wrongful termination.

Here are some reasons your termination might be wrongful even if you are an at-will employee:

  • Written promises or contracts
  • Implied promises
  • Violations of public policy
  • Breaches of good faith and fair dealing
  • Workplace retaliation
  • Discrimination
  • Defamation
  • Fraud
  • Whistleblowing violations

According to the Nevada Legislative Counsel Bureau, Nevada is a right-to-work state. Nevada’s right-to-work laws prohibit making membership in a union, or payment of union dues, a condition of employment in Las Vegas. Nevada is also an at-will state, although this is unrelated to its right-to-work status. This is because at-will means that either the employer or employee may terminate employment without liability.

If you believe your termination was wrongful due to the above circumstances, then contact an experienced Las Vegas, NV employment law attorney right away. This is because there are time constraints on how long you can wait to file a claim.

Unemployment Benefits

If you’ve lost your job, you can file for unemployment benefits with the state unemployment agency. The agency will either approve or deny your claim. If it’s approved, you’ll receive monthly unemployment checks and benefits in the mail after filing weekly unemployment claims. Still, unemployment claims can be denied for a number of reasons, including:

  • If you were fired for misconduct.
  • You voluntarily quit your job.
  • You do not have enough earnings during the work period.

If your claim is denied, you can appeal the decision if you think it’s the wrong choice. Work with a qualified Las Vegas attorney during the appeal process to improve your chances of winning the case.

Paid and Unpaid Time Off

Some states require paid time off as well as medical and family leave for employees. Oftentimes, this is combined into one singular paid time off, (PTO), amount. Laws can vary state-to-state, but typically PTO is accrued over time and you’ll get a set amount of PTO days per year.

Additionally, some states have laws that force the employer to pay for unused PTO. If you are not given proper PTO or your employer doesn’t follow your state’s medical or family leave laws, you can file a complaint.

Under Nevada law, private Las Vegas employers with 50 or more employees are required to provide approximately one hour of leave for every 52 hours worked. Employers can limit leave to 40 hours per year. As well, these employers must provide up to four hours of paid leave to receive a COVID-19 vaccine. In October 2021, Nevada’s Kin Care law will require all employers providing paid or unpaid sick leave to allow an employee to use a portion of their accrued sick leave to assist an immediate family member.

Child Labor Laws

Child labor laws are a lot more strict than regular labor laws and require employers to be extra careful when scheduling minors. Each state has its own child labor laws that outline the number of hours a minor can work per week. These include how often they should have breaks, how many days in a row they can work, and how late they can work each night.

According to the Nevada Department of Business & Industry, no minor under the age of 14 is permitted to work in the state. In addition, hour restrictions and job requirements are placed on any working minors until they reach the age of 16. For example, Las Vegas minors under 16 cannot work more than 48 hours in any one week, or more than 8 hours per day. However, this rule does not apply when the minor is working as a performer in a motion picture, or on a farm.

Las Vegas, Nevada Employment Anti Discrimination Laws

A collection of federal anti-discrimination laws protect workers from employment discrimination. Following are brief descriptions of some of these anti-discrimination acts:

  • Title VII of the Civil Rights Act: Prohibits employers from selecting job applicants and employees based on race, religion, color, sex, and national origin.
  • Age Discrimination Act: Prohibits discrimination based on age for employees over the age of 40 years old.
  • Pregnancy Discrimination Act: Prohibits employers from discriminating based on pregnancy, childbirth, or a related condition.
  • Americans with Disabilities Act: Prohibits employers from discriminating against people with disabilities at any time during the application or hiring process or once the person holds the job.
  • Equal Pay Act: Requires employers to give men and women equal pay for equal work.

Sexual Harassment

If a coworker, employer, or client sexually harasses someone in the workplace; the employee has a set of rights to protect them from further harassment. Laws also offer protection from retaliation, such as getting fired for reporting a manager. If you or someone you know is facing sexual harassment in the workplace, report it to your HR department.

According to the National Conference of State Legislatures, the Nevada Equal Rights Commission considers sexual harassment to be a form of sex discrimination. Las Vegas employees are protected against sex discrimination, and therefore harassment, under Nevada’s Fair Employment Practices Act. In fact in 2010, The Equal Employment Opportunity Commission reported that Las Vegas-based Bill Heard Chevrolet Corporation paid $110,000 to settle a sexual harassment lawsuit. The suit charged that managers grabbed employees’ bodies, made crude remarks, and persistently solicited employees for sexual favors.

Work With an Experienced Employment Lawyer in Las Vegas,  Nevada

If you have employment law concerns, or you’re currently preparing for a case in Las Vegas, NV then working with an experienced attorney can help. The hard part is finding the right one. We can even help you connect with an attorney across Nevada state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

How It All Works

Call us or answer the questions on this site. Your category, location, and additional information will help us connect you to a legal professional and we’ll send you the results instantly.

Which Areas of Law?

We have attorneys in over 20 legal categories to choose from.

How Much Does This Cost?

We don’t charge you to be connected. Some legal categories require upfront fees while others do not. The legal professional will determine this with you before you commit to anything.