employee files a wage claim against your company, you
will first be sent a Notice of Claim letter with an
enclosed copy of the wage claim (see “Claim for
Wages” document). The letter is to
inform you of the claim against you and will describe
the Statutes and Administrative Codes that the
claimant (employee) is alleging you violated.
The enclosed claim form is filled out by the
claimant and will outline the hours worked and amount
that is owed. It also allows for the
claimant to give a brief description of why they are
filing the claim. The claimant is also
required to fill out an attachment to the claim form
that explains how the amount was calculated.
There is a different attachment depending on
how the claimant is paid, i.e. hourly, piecework,
times, the amount owed is inaccurate as many claimants
are filling the form out by memory and do not have the
time records necessary to determine an accurate number.
If the amount of the claim is inaccurate based on
your records, you may include a check in the amount that
you believe to be owed, plus penalties.
Checks for both wages and penalties are to be
made out in the name of the claimant.
disagree with what the claimant is alleging, you
will be asked to respond with supporting documentation.
Examples of supporting documentation include, but
are not limited to, time and attendance records, check
stubs, and employment contracts.
Once the employer’s, or respondent’s,
response is received, the information is either
mailed to the claimant for a rebuttal, or a meeting
will be scheduled for the investigator to discuss
the claim in further detail with both
parties. Most meetings end in a
settlement cannot be reached between the claimant and
the respondent a determination will be issued.
payment is not received, a final order will be issued.
The respondent will be responsible for the
maximum penalty at this stage.
The order will be filed with the appropriate
court and a letter will be sent to both parties. If the
respondent still fails to pay, the debt is referred to
respondent will also have the right to object to the
determination by the deadline on the letter.
If the respondent objects in a timely manner, a
pre-hearing conference will be scheduled with the Labor
Commissioner. Both parties must appear
for this meeting and the facts of the case will be
discussed. A formal hearing will also
hearing will be held with the Labor Commissioner and
each party may explain their arguments.
The Labor Commissioner will make a final decision
on the case.
NRS 608.040 states that if an employer fails to pay an employee by the time frames described in the statute, the employer must continue to pay the employee at the same rate until they are paid in full.
Generally, penalties are assessed based on the outcome of the investigation.