Wage and hour are unfortunately a more common aspect of employment law. In a perfect world, workers would get paid what they are owed for all hours worked. However, some employers try to get away with paying workers as little as possible. They may force them to work off the clock or refuse to pay them for overtime. These actions are not only unfair to workers but also illegal.
The good news is that workers have options. Workers who are owed back wages in Las Vegas, Nevada can get the money they rightfully deserve typically have two options. They can file a wage and hour claim with the Office of the Labor Commissioner, or they can bring a civil lawsuit against their employer.
But there is also a third option that is not always talked about — mediation. At Blue Sky Mediation Center, all we do is mediation. Mediation can help resolve issues regarding payments and wages, including;
Some of the most common reasons for bringing a wage and hour case include:
Depending on the claim, the Labor Commissioner can issue a binding decision ordering an employer to pay the employee unpaid wages. If the employee filed a lawsuit, the court can award not only back wages but also attorneys’ fees and possibly punitive damages.
This means that for employers, there is a lot at stake if they are found to be guilty of a wage and hour violation. Mediation can help resolve these types of claims quickly and hopefully make the company correct its actions so that these unlawful activities do not happen again in the future.
Employees do not simply work eight hours straight without breaks. Some qualify for unpaid lunch breaks and paid rest breaks. Others work beyond eight hours in a day and may be eligible for overtime pay.
Nevada employers generally have to grant employees who work more than 40 hours a week overtime pay, which is paid at 1.5 times their regular hourly rate. Employees may also be eligible for “time and a half” pay for working more than eight hours in a day if they earn less than 1.5 times the Nevada minimum wage. This means that a person earning $20 an hour should be paid $30 an hour for overtime pay. The main exceptions to this law are professional, administrative, and executive employees (primarily salaried employees).
Nevada employers generally have to grant employees a 10-minute paid rest break for every four hours they work. Employers also have to grant employees who work at least eight hours an unpaid half-hour lunch break. There are exceptions to the laws, though, so contact Blue Sky Mediation Center to understand the laws as well as your legal rights.
When dealing with wage and hour claims, mediation can be beneficial. Here are some benefits to consider:
Claims involving payment errors can bring about a lot of hostility from employers. They may think the employee does not deserve to be paid so much despite state and federal laws suggesting otherwise.
A Las Vegas wage and hour mediation lawyer from Blue Sky Mediation Center can help the disputing parties reach a compromise. Schedule a consultation today to learn more. To reserve a time on our calendar, call 213-376-4130, or fill out the online form.
