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Women are
67%
more likely to
live in poverty
than white men in
Nevada
Single-woman led households are at the
highest risk
of poverty in
Nevada
In
Nevada
, women earn
$0.64
for every dollar a white man makes
Women in
Nevada
are
72%
more likely to earn
minimum wage
than white men
Women in
Nevada
are
50%
more likely to earn a
tipped wage
than white men
In
Nevada
, at least
72%
of women are essential to the financial security of their household
Generally, Nevada law requires equal pay on the basis of sex for equal work which requires equal skill, effort and responsibility and which is performed under similar working conditions.[1]
· Affirmative Defenses: To justify a pay disparity, an employer can assert that it was based on: (a) a seniority system, (b) a merit system, (c) a compensation system where wages are determined by the quality or quantity of production or (d) wage differentials based on factors other than sex.[2]
· Retaliation: Nevada law does not specifically protect workers who file an equal pay complaint from retaliation by their employer.
[1] Nev. Rev. Stat. § 608.017(1) (2022).
[2] Nev. Rev. Stat. § 608.017(2) (2022).
No. Nevada law only covers sex and equal pay for equal work and includes the broad affirmative defense of “factors other than sex.”[1]
[1] Nev. Rev. Stat. § 608.017 (2022).
Yes. All Nevada employers are required to provide prospective employees with the wage or salary rate for the position after they have interviewed for that position. Employers must also provide the wage or salary rate for a promotion or transfer if an employee (1) is applying for one, (2) has completed an interview or been offered the job, and (3) requested the rate.[1]
[1] Nev. Rev. Stat. § 613.133(2) (2022).
Yes. Nevada law prohibits employers from inquiring about a prospective employee’s wage or salary history.[1] The law also makes it illegal to rely on a prospective employee’s wage or salary history in determining whether to hire the employee or in calculating the new employee’s rate of pay.[2] Additionally, employers cannot refuse to interview, hire, promote or employ an applicant, or discriminate or retaliate against an applicant if the applicant does not provide wage or salary history.[3]
[1] Nev. Rev. Stat. § 613.133(1)(a) (2022).
[2] Nev. Rev. Stat. § 613.133(1)(b) (2022).
[3] Nev. Rev. Stat. § 613.133(1)(c) (2022).
Yes. It is illegal for Nevada employers to discriminate against any employee because the employee has inquired about, discussed or voluntarily disclosed his or her wages or the wages of another employee.[1]
[1] Nev. Rev. Stat. § 613.330(1)(c) (2022).
No. Employers currently are not mandated by state law to report gender-based pay data.
Yes. Minimum wage in Nevada is above the federal minimum wage.[1] The minimum wage is currently not indexed to inflation.
[1] Nev. Rev. Stat. § 608.250 (2022).
Yes. Nevada does not allow employers to pay tipped employees less than the state minimum wage.[1] However, Nevada does allow employers to pay employees with an “intellectual” or “developmental” disability less than minimum wage when that employee participates in a recognized “jobs and day training services” program.[2]
[1] Nev. Rev. Stat. § 608.160(1) (2022).
[2] Nev. Rev. Stat. § 608.255(1) (2022).
Yes. Generally, private employers must pay employees at least semimonthly.[1]
[1] Nev. Rev. Stat. § 608.060(1) (2022).
No. However, Nevada law does require employers to maintain a record of wages for employees each pay period showing the gross wage or salary in the form of services or food, housing, or clothing, any deductions taken, the net cash wage or salary, and the total hours worked in the pay period.[1] The record of wages must be provided to each employee within ten days of the employee’s request for the record.[2]
[1] Nev. Rev. Stat. § 608.115(1) (2022).
[2] Nev. Rev. Stat. § 608.115(2) (2022).
Yes. Employers must pay most employees 1.5 times the employee’s regular wage rate when employees work more than forty hours in a week or more than eight hours in one workday (unless by agreement to work ten hours for four days a week).[1]
[1] Nev. Rev. Stat. § 608.018(1) (2022).
Yes. If an employer fails to pay wages, compensation, or salary to an employee, the employee may, at any time within 2 years after the employer’s failure, bring a civil action against the employer.[1] If an employee receives a favorable decision in such a suit and had made a demand for the amount due at least five days before the suit was brought, the employee can be awarded a reasonable attorney fee in addition to the amount of wages and penalties due.[2] There is no other specific penalty for the unpaid wages discussed. Additionally, employers who fail to pay discharged or quitting employees within three days of the wages being due or on the day the wages are due to a resigning employee, the wages will continue at the same rate from the day the employee resigned or was discharged until paid or for thirty days (whichever is less).[3] There is no specific protection from retaliation under Nevada’s wage theft law.
[1] Nev. Rev. Stat. § 608.135(1) (2022).
[2] Nev. Rev. Stat. § 608.140 (2022).
[3] Nev. Rev. Stat. § 608.040(1) (2022).
