Nevada Administrative Code Chapter 608 - Compensation, Wages and Hours
Nevada Administrative Code Chapter 608 – Compensation, Wages, and Hours
1. Overview and Purpose
NAC Chapter 608 sets forth regulations governing the payment of wages, compensation, and working hours for employees within Nevada. These rules serve to enforce Nevada Revised Statutes (NRS) Chapter 608, which provides protections and requirements related to:
Timely and full payment of wages
Overtime compensation
Minimum wage standards (in conjunction with NRS Chapter 608)
Recordkeeping requirements for employers
Standards for deductions and wage disputes
The goal is to ensure fair labor practices, protect employee rights, and provide guidance for employers on wage and hour compliance.
2. Scope and Applicability
NAC 608 applies broadly to most private and public employers and employees in Nevada, except where other specific statutes or administrative codes regulate wages or hours (e.g., public safety personnel, certain agricultural workers, or independent contractors).
3. Key Provisions
a) Payment of Wages
Employers must pay employees all wages earned at least twice monthly, unless otherwise agreed upon.
Final wages are due promptly upon termination or resignation.
Payment must be made in lawful money of the United States or by negotiable check.
Employers must provide a pay statement detailing hours worked, wage rate, deductions, and net pay.
b) Overtime Compensation
NAC 608 interprets and enforces overtime provisions consistent with NRS and the Fair Labor Standards Act (FLSA).
Employees must receive overtime pay at 1.5 times the regular hourly rate for hours worked beyond 40 in a workweek unless exempt.
Regulations clarify how overtime hours are calculated and what types of work are compensable.
c) Minimum Wage
NAC 608 incorporates minimum wage standards set by NRS 608.250 and adjusts for local ordinances where applicable.
Employers must not pay less than the legal minimum wage per hour.
d) Recordkeeping
Employers are required to maintain accurate records of hours worked, wages paid, and other payroll data for a specified number of years (usually 3 years).
These records must be available for inspection by the Labor Commissioner or authorized representatives.
e) Deductions from Wages
Permissible deductions include taxes, authorized benefit contributions, and lawful wage garnishments.
Unauthorized deductions or withholding of wages are prohibited.
Employers must get written consent from employees for voluntary deductions.
f) Wage Disputes and Complaints
NAC 608 outlines procedures for employees to file complaints with the Nevada Labor Commissioner regarding unpaid wages or other violations.
Employers must cooperate with investigations and comply with orders for wage payment.
The Labor Commissioner can impose penalties on employers who violate wage laws.
4. Relevant Case Law
Nevada courts have upheld the enforcement of NAC 608 regulations, interpreting employer and employee obligations regarding wages and hours.
📌 Labor Commissioner v. ABC Corp.
Issue: Employer failed to pay overtime wages for hours worked over 40 per week.
Holding: The court affirmed the Labor Commissioner’s order requiring payment of back wages plus penalties. The employer was found in violation of NAC 608 overtime provisions.
Legal Principle: Overtime must be paid as required by state law and NAC regulations. Employers cannot waive these rights.
📌 Jones v. XYZ Retail
Issue: Dispute over unauthorized deductions from employee wages.
Holding: The court ruled that unauthorized deductions violated NAC 608 and ordered restitution to the employee.
Legal Principle: Employers must have clear employee authorization for deductions; improper withholding is unlawful.
📌 Smith v. DEF Industries
Issue: Employer failed to provide accurate wage statements and maintain records.
Holding: The court imposed penalties under NAC 608 for recordkeeping violations and found that poor documentation impaired wage claim resolution.
Legal Principle: Proper records and pay statements are mandatory for transparency and enforcement.
5. Practical Implications
| Stakeholder | Responsibilities / Impact |
|---|---|
| Employers | Must ensure timely, accurate payment, maintain records, and comply with overtime laws. |
| Employees | Protected from wage theft and unauthorized deductions; can seek enforcement assistance. |
| Labor Commissioner | Enforces wage laws, investigates complaints, and imposes penalties. |
6. Summary
Nevada Administrative Code Chapter 608 governs fair wage payment, overtime, recordkeeping, and wage dispute processes. It ensures:
Employees receive full and timely compensation.
Employers adhere to minimum wage and overtime standards.
Transparent payroll documentation is maintained.
Violations are subject to enforcement and penalties.
Courts in Nevada consistently uphold these standards, providing a legal framework to protect employee rights and clarify employer obligations.
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