Labor Law question

We may earn a small commission from affiliate links and paid advertisements. Terms

George777

George777

^^ Likes Bewbies
I was doing some research for a friend and I find some of the labor laws quite confusing...

From what I can gather, Nevada requires that all non-exempt employees get paid overtime after 40 hours, and effective September 1st, any non-exempt employee making less than $9.50 per hour receive overtime after 8 hours a day...However, I don't know if the job that my friend has is considered non-exempt or not. She works in one of those Payday Loan places. It doesn't say anything in any of the descriptions about that kind of work as being exempt.

She has been working there for about 4 months now and she didn't sign any papers stating no overtime or days of rest restrictions. She has been forced to work 6 days a week for the last 5 weeks, and she works 8:30am to about 7:00pm. She is the only one in the office, and she does not get to leave for lunch since there is nobody to cover. She puts in, on average, about 60 hours a week, and she is only compensated straight time...

Anyone that could shed some light or head me in the right direction, it would be appreciated.

Thanks.
 
I think to be exempt you must be salary or management. I don't know that much about labor laws and they vary state by state. I would have her get a hold of the labor department or something like that. Im not even sure if that is a real place...

Is she sure she didnt miss the fine print? Or missed that she signed a contract?
 
im pretty sure that unless she is salary or signed a contract stating no overtime pay, then she is supposed to get overtime pay.
im not sure whos jurisdiction this would fall under but if you called the department of human services they can direct you to the correct person.


haha, sue them and make her money. you can sue for wages, emotional stress (having to work all day everyday with no lunch break), physical stress, just to name a few. lol.
 
She is going to bring a copy of her file to me on Friday. Her boss was dumb enough to leave it unlocked in the desk, so she took the liberty of copying all the files and things that she signed. I will take a look at them when she swings by then, but she stated that she doesn't recall signing anything about that...but then again, she is young and wouldn't know to ask questions. If her boss just told her the gist of what was on the papers and she didn't bother reading it for herself, it's very possible she signed something and didn't realize it...

But even if that was the case, wouldn't federal law take precedent over state laws?
 
She's hourly...$9.00 an hour. Falls under the Nevada state law that just initiated on September 1st stating all non-exempt employees making under $9.50 an hour make overtime after 8 hours...
 
frankly, i think she should look for a better job....
 
Before you start making cases and calls to lawyers, call up the Nevada Attorney General and get some advice and law interpretations from them.
 
pissedoffsol said:
frankly, i think she should look for a better job....
Click to expand...

She is currently looking for another job...

2000Si said:
Before you start making cases and calls to lawyers, call up the Nevada Attorney General and get some advice and law interpretations from them.
Click to expand...

It's not my intentions to take this beyond informing her of what she is entitled to. But you figure for the last 5 weeks of approximately 20 hours of overtime that she missed out on, that works out to about $455 worth of time she was not compensated for...

I have no personal gains in any of this. I just want to help her out. What she choses to do after that is totally her choice--she just doesn't know where to start or how to do it...
 
Nevada's overtime regulations require that professional employees be licensed to practice in one of 45 fields or professions to be exempt. However, as Nevada does not define executive or administrative employees in its regulations, Nevada employers should apply the new FLSA standard for executive or administrative employees. In New Mexico, employers should apply the FLSA standard for administrative and professional exemptions, but must look to the state statute when applying the executive exemption.
Click to expand...

tell her to call the labor board for nevada to get a straight fast answer
if she should be getting overtime they are definately going to be very very interested in hearing from her...

Remember The State Laws When Considering Overtime Exemptions
 
keep this in mind when reading the lower information...
Q. What is the minimum wage in Nevada? A. Minimum wage in Nevada is $5.30 per hour with insurance and $6.33 per hour without insurance.
Click to expand...
Nevada Labor Commissioner's Office-Frequently Asked Questions

NRS 608.018 Compensation for overtime: Requirement; exceptions. 1. An employer shall pay 1 1/2 times an employee’s regular wage rate whenever an employee who receives compensation for employment at a rate less than 1 1/2 times the minimum rate prescribed pursuant to NRS 608.250 works:
(a) More than 40 hours in any scheduled week of work; or
(b) More than 8 hours in any workday unless by mutual agreement the employee works a scheduled 10 hours per day for 4 calendar days within any scheduled week of work.
2. An employer shall pay 1 1/2 times an employee’s regular wage rate whenever an employee who receives compensation for employment at a rate not less than 1 1/2 times the minimum rate prescribed pursuant to NRS 608.250 works more than 40 hours in any scheduled week of work.
3. The provisions of subsections 1 and 2 do not apply to:
(a) Employees who are not covered by the minimum wage provisions of NRS 608.250;
(b) Outside buyers;
(c) Salesmen earning commissions in a retail business if their regular rate is more than 1 1/2 times the minimum wage, and more than one-half their compensation comes from commissions;
(d) Employees who are employed in bona fide executive, administrative or professional capacities;
(e) Employees covered by collective bargaining agreements which provide otherwise for overtime;
(f) Drivers, drivers’ helpers, loaders and mechanics for motor carriers subject to the Motor Carrier Act of 1935, as amended;
(g) Employees of a railroad;
(h) Employees of a carrier by air;
(i) Drivers or drivers’ helpers making local deliveries and paid on a trip-rate basis or other delivery payment plan;
(j) Drivers of taxicabs or limousines;
(k) Agricultural employees;
(l) Employees of business enterprises having a gross sales volume of less than $250,000 per year;
(m) Any salesman or mechanic primarily engaged in selling or servicing automobiles, trucks or farm equipment; and
(n) A mechanic or workman for any hours to which the provisions of subsection 3 or 4 of NRS 338.020 apply.
(Added to NRS by 1975, 1583; A 1977, 1373; 1985, 578; 2003, 1742; 2005, 2520)
Click to expand...
Nevada Revised Statutes: Chapter 608
 
That is the site that I went to for some of the information, and it was some of the wording that confused me...

I will have her call and let them head her in the right direction...
 
Man, I have worked many hours overtime, not once have I gotten paid time and a half. If she wants time and a half paid , then get a job that offers it.

Most small businesses dont offer time and a half. Dont have to pay it either. When I was running my own Roofing business. I never paid it. The main reason I didnt offer it was due to the money I had to match in taxes.

Just find her a job that offers time and a half, benefits, and some 401k shit. Plus more money per hour def couldnt hurt.....
 
You must log in or register to reply here.
Back
Top