Las Vegas Employee Rights Lawyer
Protect Your Rights Today. Call (702) 258-1183
The employee rights lawyers at Kemp & Kemp help Nevada workers fight back against employers who violate employment law. Whether you’re seeking assistance with a wage claim, filing a breach of contract lawsuit, fighting wrongful termination, or in need of whistleblower protection, our employment law attorneys can support you in your legal battle.
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If you suffered an employee rights violation in the workplace, don’t hesitate.
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How Do I Know if I Need an Employee Rights Lawyer?
Nevada workers need an attorney to hold employers accountable for employee rights violations. Whether you’re facing workplace harassment, discrimination, a breach of contract, or retaliation, our workers’ rights attorneys can help protect your rights and pursue fair compensation.
Employment Discrimination
Discrimination on the basis of age, race, religion, national origin, sex or gender, disability, sexual orientation, gender identity, and other aspects of an employee’s identity is illegal in Nevada. When discrimination occurs during the hiring or promotion process, or any other time during employment, Nevada workers have a right to hold their employers accountable. A discrimination attorney can help workers fight rights violations in the workplace and receive fair compensation.
Wrongful Termination & Retaliation
Employees are protected from retaliation in the workplace. Retaliation can happen when an employer commits an adverse employment action towards an employee after they’ve filed a workers’ compensation claim, reported a crime, or filed a complaint. Adverse employment action can take the form of demotion, termination, unjust negative evaluations, transfers to an undesirable position, reductions in pay or benefits, and other alterations to work conditions that would discourage an employee from engaging in protected activity such as complaining about illegal discrimination, harassment, or retaliation. If you were wrongfully terminated or faced adverse employment action, an employee rights lawyer at Kemp & Kemp can advise you and help you pursue appropriate legal action.
Breach of Contract
Employment contracts are enforceable and if your employer has not lived up to their end of the bargain, then you may have recourse. Employment contracts take on many different forms and terms, and each person’s potential claims are unique to the facts of their case. If you have a written employment contract that you believe has been breached by your employer, then a consultation with an employee rights attorney at Kemp & Kemp will help you determine what rights you may have to enforce the contract. Additionally, sometimes employers sue employees for breach of contract, such as violation of a covenant not to compete. If you are sued, this is AN EMERGENCY and you MUST take action to protect your rights and interests. Contact Kemp & Kemp immediately.
Harassment
When a coworker or supervisor commits acts toward a victim, such as sexual, physical, or emotional abuse, that make it harder to do his or her job, workplace harassment occurs. When an employer refuses to punish a harasser and protect a harassment victim, workplace harassment attorneys help fight for the rights of victimized employees.
Understanding Your Wage Rights in Nevada
Employers are required under Nevada law to meet certain wage requirements. Provisions regarding minimum wage, overtime pay, severance benefits, and final paycheck law help to ensure Nevada workers are receiving fair pay. When an employer fails to comply with these minimum requirements, employee rights attorneys help workers pursue fair compensation.
Employers in Nevada are required to pay a minimum wage of $10.25 per hour if they offer health benefits, and $11.25 per hour if they do not offer health benefits. There are some exceptions to the minimum wage requirement, such as casual babysitters, live-in domestic service employees, salespersons earning commissions, and taxicab and limo drivers.
When an employee works overtime, Nevada employers must compensate them at 1.5 times their usual hourly wage. Overtime hours are those that exceed 40 hours in a workweek, or in some circumstance 8 hours in a workday. There are exceptions, however, such as when an employee is scheduled to work 10-hour days in a four-day workweek.
Nevada law does not require employers to provide severance pay to terminated employees. However, employers may be required to provide this benefit under certain conditions. These conditions include:
- When the employer made a verbal promise to offer severance benefits
- When the company handbook establishes a policy of providing severance pay
- When a signed employment contract establishes severance pay provisions
If an employer offered a severance package under the above conditions and failed to pay, an employee rights attorney can help you pursue severance pay.
Employers who terminate employees are required to provide a final paycheck within 3 days. When an employee voluntarily leaves a job, an employer is required to provide his or her final check within 7 days, or on the next scheduled payday (whichever comes first). Employers who fail to provide final pay within the allotted timeframe accrue a penalty of one day’s wages for each day the paycheck is late, up to 30 days.
If your employer fails to pay your wages as required by Nevada law, you have the right to pursue a claim. Call Kemp & Kemp Attorneys at Law to file today. (702) 258-1183
Nevada Whistleblower Protection Lawyer
Nevada state laws protect employees from retaliation when they report an employer’s crime or unlawful conduct to a law enforcement or regulatory agency having jurisdiction over the unlawful activity. Employers are prohibited from taking retaliatory actions against whistleblowers. Though there are protections under Nevada law, whistleblowers often face adverse employment actions after reporting a crime or illegal employer activity However, employees who face retaliation in the workplace can take legal action against their employer.
For a successful whistleblower claim, a plaintiff must provide proof that:
- He or she reported an employer or superior’s crime or unlawful actions to the government
- He or she suffered an adverse employment action
- The adverse employment action was caused by the report of the crime or unlawful action
When a whistleblower proves the above occurred, his or her employer is held in violation of employment law. This entitles a claimant to recover compensation for monetary losses and other related damages. A claimant can also request to be reinstated in his or her previous position if desired. The above is a summary of Nevada law. There are also dozens of whistleblower protections under Federal law that are too numerous and diverse to cover here. Some Federal whistleblower protections, unlike Nevada law, do protect “internal whistleblowing” where the employee complains only to company officials and not to a government or law enforcement agency. This is complex. If you believe you have been retaliated against for blowing the whistle on your employer, contact Kemp & Kemp for a consultation.
Hiring an attorney during difficult times is made easier with a compassionate attorney and staff. [J.P.] Kemp and Josie really helped me deal with the repercussions from some health issues.
Excellent staff. Great knowledge and passion for helping people! Thanks again to this firm for all the help we received. High recommended
FAQs About Employee Rights in Nevada
What are my rights as an employee in Nevada?
Employment laws provide protections for Nevada workers facing discrimination, harassment, retaliation or other employee rights violations. Under state and federal employment laws, employers cannot withhold overtime pay or discriminate against employees, and are required to provide a safe working environment. This area of the law is vast and complex, and a consultation with Kemp & Kemp is advisable to explore any wrong or illegal actions by an employer that you think you may have been subjected to.
What breaks are required under Nevada employment law?
In Nevada, employees have the right to one 10-minute paid break for every four hours worked. Additionally, any employee working eight consecutive hours is entitled to a 30-minute meal break. Breastfeeding workers also have the right to take breaks for breast pumping.
What constitutes a hostile work environment in Nevada?
A work environment is deemed hostile when a harasser commits severe or pervasive acts toward a victim, such as sexual, emotional, or physical abuse, that make it hard for him or her to carry out job duties.
