Is It Legal to Withhold Paychecks in Nevada?
- Nevada law requires employers to pay their employees at least once every two months. If their employers fail to pay them their paychecks, the labor commissioner can require immediate payment. Employers have five days to pay their employees upon the labor commissioner's demand. Section 608.130 of the Nevada Revised Statutes establishes the penalties for nonpayment. Employers who knowingly pay their employees by negotiable instruments or writing checks without sufficient funds in their accounts are liable for paying insufficient fund fees and any other incidental damages or fees. Employees can also recover legal fees and court costs if they sue their employers for unlawful paycheck withholdings.
- The U.S. Department of Labor administers the federal wage and hour regulations. According to federal law, employers are not required to pay their employees by certain paydays, and states have the discretion to enact payday laws. In some states, including California, employers can incur "waiting time" fines or penalties if they fail to pay their employees by certain paydays. Employers who withhold their employees' paychecks can face serious criminal or civil penalties, including waiting time penalties paid to their employees for failing to pay them on time.
- The U.S. Department of Labor does not require employers to give their terminated employees their last paychecks immediately when they terminate them. In the absence of federal last paycheck regulations, states can enact their own last paycheck timing laws. Some states, such as California, require employers to pay their terminated employees immediately upon termination, and they will incur waiting time penalties from the date of termination until final payment. In Nevada, the Nevada Office of the Labor Commissioner enforces the state's last paycheck regulations.
- Nevada law requires employers to give their terminated employees their last paychecks immediately upon termination. According to the Nevada Revised Statutes, compensation for an employee's final work performed becomes immediately due and payable upon termination, but employers have up to three days to pay their employees when they terminate them. However, employers have seven days to pay their employees when they voluntarily terminate employment or resign. Employees can file complaints with the Office of the Labor Commissioner if their employers fail to pay them their wages due upon termination or within seven days of their voluntary resignation dates.