Legal Question in Credit and Debt Law in Nevada
Recovery of funds for payroll check returned due to NSF
How do I recover money from my employer for bounced payroll checks deposited in my checking account? As well as fees charged resulting from checks I wrote that bounced. The first check was deposited, then was returned for NSF. I told my boss and he issued me a second check. The second check was also returned for NSF. What are my rights as an employee with regard to getting payment for owed payroll and also fees incurred as a result of my employers neglegence.
1 Answer from Attorneys
Re: Recovery of funds for payroll check returned due to NSF
The State of Nevada provides taxpayer-supported free legal representation to wage claimants such as yourself under these laws:
http://www.leg.state.nv.us/NRS/NRS-607.html#NRS607Sec160
Employees of licensed contractors in Nevada have some additional protections:
http://www.leg.state.nv.us/NRS/NRS-607.html#NRS607Sec165
NRS 607.170 governs actions for collection of wages or commissions; subpoena power; compromise and settlement of claims; disposition of money collected for claims.
NRS 608.130(3) states: An employer who knowingly issues to an employee a negotiable instrument in payment of wages for which there is insufficient money, property or credit with the drawee of the instrument to pay it in full upon presentation shall reimburse the employee for any penalty or charge incurred by him arising from his reliance on the validity of the instrument.
NRS 608.140 provides for assessment of attorney�s fees in action for recovery of wages. Whenever a mechanic, artisan, miner, laborer, servant or employee shall have cause to bring suit for wages earned and due according to the terms of his employment, and shall establish by decision of the court or verdict of the jury that the amount for which he has brought suit is justly due, and that a demand has been made, in writing, at least 5 days before suit was brought, for a sum not to exceed the amount so found due, the court before which the case shall be tried shall allow to the plaintiff a reasonable attorney fee, in addition to the amount found due for wages and penalties, to be taxed as costs of suit.