In Las Vegas and across Nevada, employees are entitled to fair treatment in the workplace. Unfortunately, employer violations of employee rights are more common than they should be. If you have experienced abuse, discrimination, or wrongful termination, it’s crucial to understand that you don’t have to accept it. Seeking justice requires the support of a dedicated and effective employment lawyer in Las Vegas.
At Ace Law Group, our team of Las Vegas employment law attorneys offers the trusted expertise you need. We are committed to providing solution-oriented legal representation and are fully prepared to litigate your case in court if necessary. Reach out to our Las Vegas office today for a free, confidential consultation with a leading Nevada employee rights attorney.
Understanding Federal and Nevada State Labor Laws Protecting Employees
Employment law is governed by a combination of federal and state regulations. Our firm assists employees in navigating the complexities of these laws. Here are some key federal and Nevada state labor laws designed to protect you:
- Title VII of the Civil Rights Act: Prohibits employment discrimination based on race, color, religion, sex, and national origin.
- Pregnancy Discrimination Act (PDA): Amends Title VII to specifically prohibit sex discrimination based on pregnancy, childbirth, or related medical conditions.
- Americans With Disabilities Act (ADA): Prohibits discrimination against individuals with disabilities in employment.
- Fair Labor Standards Act (FLSA): Establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments.
- Nevada Revised Statutes 613.330 (Unlawful Employment Practices): Nevada state law mirroring federal protections and adding further safeguards against discriminatory practices in employment.
Nevada Employment Wage and Hour Laws: What You Need to Know
Nevada law provides specific protections regarding employee wages, including minimum wage, overtime, and tips. It also outlines remedies for employees facing wage violations. Nevada’s minimum wage laws were updated on July 11, 2011, establishing two tiers based on employer-provided health benefits. For employees offered qualifying health benefits, the minimum wage is $7.25 per hour. For those without qualifying health benefits, it is $8.25 per hour.
Federal law mandates these minimum wage levels as a baseline. Employers are also obligated to cover unemployment insurance, payroll taxes, and other job-related costs, such as required uniforms.
Nevada law explicitly states that tips cannot be counted towards or used to offset minimum wage obligations. Employers in Nevada must pay earned wages at least twice per month and no later than 15 days after the close of the pay period. If your employer fails to pay you correctly or on time, you should immediately file a wage claim with the Office of the Labor Commissioner.
In Nevada, employers generally have the right to reduce an employee’s pay rate. However, they must provide written notice of the decrease at least seven days before the start of the pay period in which the reduction takes effect. Crucially, even with a pay reduction, employers must still adhere to minimum wage laws.
There are two primary exceptions to an employer’s ability to decrease pay. First, if an employee has an existing contract or agreement, including union collective bargaining agreements, the terms of that agreement may prevent pay reductions. Second, employees covered under federal prevailing wage laws are also protected from pay decreases.
Employees are entitled to refuse a pay reduction and resign. If the pay cut is 25% or more of the original wage, the employee can file for unemployment benefits, citing “good cause” for leaving their job. For overtime, Nevada law generally mirrors the FLSA. Employees not exempt from the FLSA are entitled to overtime pay at 1.5 times their regular rate for hours worked over 40 in a workweek or over 8 in a 24-hour period.
An exception to the daily overtime rule exists if the employer and employee mutually agree to a work schedule of four 10-hour days per week. Employees earning above a certain threshold ($10.875/hour with health benefits or $12.375/hour without) and certain professions detailed in Nevada Revised Statute 608.018 are exempt from overtime rules.
Types of Employment Law Cases Our Las Vegas Attorneys Handle
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Employee rights are paramount. Ace Law Group is dedicated to protecting these rights for workers throughout Clark County and Southern Nevada from our Las Vegas office. Our employment lawyers in Las Vegas, NV have extensive experience in a wide range of employment law matters, including:
- Discrimination Claims: Discrimination based on protected characteristics like age, race, gender, religion, pregnancy, or disability is illegal. We handle all types of discrimination claims to ensure fair treatment. Contact a Las Vegas employment lawyer at our firm if you believe you’ve been discriminated against.
- Sexual Harassment Claims: Sexual harassment is a severe form of discrimination and a violation of employee rights. Whether it’s quid pro quo harassment or a hostile work environment, our employment attorney in Las Vegas can fight for your rights and justice.
- Wrongful Termination: Nevada is an “at-will” employment state, but employers cannot terminate employees for illegal reasons. Wrongful termination occurs when an employee is fired for unlawful reasons, such as discrimination or retaliation for whistleblowing. If you suspect wrongful termination, consult a Las Vegas employment lawyer immediately.
- Wage and Hour Claims: Fair pay is a fundamental employee right. We assist employees with wage and hour disputes, including unpaid overtime, denied breaks, minimum wage violations, and misclassification issues to ensure you receive all wages owed to you.
- Employment Contracts: Employment contracts can protect both employers and employees. We assist with drafting, reviewing, negotiating, and litigating employment contracts for individual employees and labor unions, ensuring your contractual rights are protected.
- Whistleblower Protection: Federal and state laws protect employees who report illegal or unethical employer practices. If you’ve faced retaliation for whistleblowing, our Las Vegas employee rights attorney can help you pursue a whistleblower protection claim.
- Unlawful Retaliation: Employers cannot retaliate against employees for exercising their legal rights, such as reporting discrimination or harassment. If you’ve experienced retaliation, our attorneys can help you file a claim and seek justice.
3 Critical Steps to Take When Facing Workplace Discrimination
Workplace discrimination remains a persistent problem. While federal law offers crucial protections, employees must take proactive steps to safeguard their rights and build a strong case when discrimination occurs.
1. Formally Report Discrimination to Human Resources (HR)
Reporting discrimination to HR is a vital first step that is often overlooked. Many discrimination victims wait until after termination to seek legal counsel, which can sometimes be too late to fully protect their rights. At the first sign of discriminatory treatment, report the incident in writing to your supervisor or HR department. This formal report puts your employer on notice and gives them an opportunity to address the issue before it escalates. Follow your company’s established procedures for reporting workplace complaints and maintain a professional demeanor throughout the process.
2. Meticulously Document Discriminatory Incidents
Detailed documentation is crucial in discrimination cases. Keep a personal record of each incident, including:
- Date and time of the incident
- Specific details of what happened
- Names of individuals involved (perpetrators and witnesses)
- Any supporting evidence (emails, memos, etc.)
Also, retain copies of any reports or communications you have with your employer regarding the discrimination. This documentation will be invaluable evidence if you need to pursue legal action.
3. File an EEOC Claim and Consult an Employment Lawyer
If your employer fails to adequately address the discrimination, or if the discriminatory behavior intensifies, file a formal charge of discrimination with the Equal Employment Opportunity Commission (EEOC). This is also the right time to consult with an experienced employment lawyer in Las Vegas. An attorney can guide you through the EEOC process, ensure your charge is properly filed, and advise you on your legal options. The EEOC will investigate your claim and may choose to pursue litigation or issue a “Right to Sue Letter,” which empowers you to file a lawsuit in court with private legal representation. Thorough documentation and legal counsel significantly increase your chances of success in pursuing a discrimination claim.
Achieving Success in Wrongful Termination and Discrimination Lawsuits
If you believe you’ve been wrongfully terminated or discriminated against due to bias, seeking legal help is essential. Our employment law lawyers in Las Vegas can evaluate your situation and explain your legal options.
Both federal and Nevada employment laws prohibit discrimination based on numerous protected characteristics, including:
- Gender
- Sexual orientation
- Familial status
- Pregnancy
- Race
- Religion
- Age
- Disability
- National origin
Nevada’s at-will employment law allows employers to terminate employees for any non-discriminatory reason, or even no reason at all. To succeed in a discrimination or wrongful termination claim, you must present compelling evidence of unlawful discrimination. Our firm can assist you in gathering and presenting this evidence. For example, we secured a $75,000 settlement for a client in a wrongful termination and discrimination case, demonstrating our commitment to achieving positive outcomes for our clients. Don’t hesitate to contact us to discuss your case.
Breach of Contract Claims in Employment
If you have an employment contract and your employer has violated its terms, you may have grounds for a breach of contract lawsuit. Typically, you will need to provide the contract and evidence of the breach. We also represent union members in breach of contract disputes.
Our firm has a proven track record of success in breach of contract cases, including:
- $781,000 recovered for a client in a breach of contract case.
- $75,000 settlement for another client in a breach of contract claim.
Addressing Sexual Harassment in the Workplace
Experiencing sexual harassment at work is unacceptable, and you have the legal right to take action. If you’ve been subjected to sexual harassment, it’s critical to consult with an attorney to assess your evidence and determine the best course of action.
Sexual harassment encompasses a range of unwelcome behaviors, such as:
- Flashing or indecent exposure
- Unwanted physical touching
- Sexually suggestive comments or jokes
- Persistent harassment of a sexual nature
- Sexual coercion or pressure
Why Choose Ace Law Group as Your Las Vegas Employment Rights Attorneys?
Navigating employment law claims can be overwhelming for employees. Facing a well-resourced employer and their legal team can feel intimidating. At Ace Law Group, we provide unwavering support and guidance throughout the legal process. Founded by Patrick W. Kang in 2009, our firm is dedicated to providing top-tier, personalized legal representation to employees. We invest the necessary time and resources into each case. Our experienced Las Vegas employment law attorneys, including Patrick W. Kang, will:
- Listen attentively to your concerns and provide clear answers to your legal questions.
- Thoroughly investigate your allegations and gather crucial evidence to establish liability.
- Manage all legal paperwork and engage in settlement negotiations on your behalf.
- Develop a tailored legal strategy best suited to your unique circumstances.
Employment Law in Nevada: Frequently Asked Questions (FAQs)
What is the Difference Between At-Will Employment and Right-to-Work?
While often confused, “at-will employment” and “right-to-work” are distinct concepts. Nevada is both an at-will employment and a right-to-work state. At-will employment means that employers or employees can terminate the employment relationship at any time, for any legal reason. Right-to-work laws, however, relate to union membership. In right-to-work states, employees in unionized workplaces can choose not to join the union or pay union dues, even if they benefit from the union’s collective bargaining agreement.
What Evidence is Needed to Prove an Employment Claim in Nevada?
Proving liability in a Nevada employment claim requires presenting clear and compelling evidence of unlawful employment practices. Key elements to establish include:
- Clearly Defined Claim: Specify the legal basis of your claim (discrimination, harassment, wrongful termination, etc.).
- Direct Evidence: Provide direct proof of wrongdoing, such as emails, documents, witness statements, or recordings.
- Circumstantial Evidence: While direct evidence is powerful, circumstantial evidence, like patterns of discriminatory behavior, can also be persuasive.
- Causal Link: Demonstrate a direct connection between the employer’s misconduct and the harm you suffered.
- Timely Filing: Ensure your claim is filed within the applicable statute of limitations under federal or Nevada law.
What are the Statutes of Limitations for Employment Lawsuits in Nevada?
Statutes of limitations vary depending on the specific employment law claim. Generally, employment claims have relatively short deadlines.
For instance, Title VII claims typically have a 180-day statute of limitations, although this can extend to 300 days in states like Nevada with their own anti-discrimination laws. It’s crucial to consult with a Las Vegas employment lawyer promptly to determine the specific deadline for your case and avoid missing critical filing deadlines.
How to Contact the Nevada Labor Commissioner to File a Claim?
The Nevada Labor Commissioner has two offices for filing claims:
- Las Vegas Office: 555 E. Washington Ave., Ste. 4100, Las Vegas, NV. Phone: (702) 486-2650.
- Carson City Office: 675 Fairview Dr., Ste. 226, Carson City, NV. Phone: (775) 687-4850.
Contact Our Experienced Las Vegas Employment Lawyer Today
At Ace Law Group, our employment lawyers in Las Vegas are dedicated and compassionate advocates for employees. If you believe you have been a victim of workplace injustice, call us today at (702) 333-4223 or contact us online for a confidential consultation. We are committed to protecting your rights and helping you pursue the compensation you deserve. From our Las Vegas office, we represent clients throughout Clark County and Southern Nevada.
