Legal Question in Employment Law in Nevada
Layoff with no last paycheck
An acquaintance was laid off from work in November 1999 without ever receiving last paycheck (business was seized by bank).
Recently, February 11, 2000, this acquaintance passed away; leaving his spouse and 2 children.
Because of never receiving his last paycheck would he still have been considered employed? could the bank that seized the worksite or the company be held responsible for death benefits and/or insurance rights?
1 Answer from Attorneys
Re: Layoff with no last paycheck
Good evening, Sir or Madam:
The Nevada Legislature has developed a great basic research site covering
all of the statutes and administrative regulations, including references to
Nevada Supreme Court decisions related thereto, available at:
http://www.leg.state.nv.us
These laws may assist you in answering your questions:
Payment of Wages Upon Termination: An employee who is discharged must be paid all wages
immediately. N.R.S. �608.020. An employee who resigns must be paid no later than the day
on which he would have regularly been paid or seven days after he resigns, whichever is
earlier. N.R.S. 608.030. Penalties for failure to pay a discharged employee at the time of
termination begin three days after the employee is discharged. Penalties for failure to pay an
employee who resigns begin on the day the wages are due to employee who has resigned.
N.R.S. �608.040.
Frequency and Place of Wage Payments: Employees must be paid semi-monthly or more
frequently. However, an employer in Nevada whose principal place of business is located, and
whose payroll is prepared, outside of Nevada may designate one monthly payday for
employees who are exempt from overtime as executives, administrative employees,
professionals or outside salespersons or supervisors as defined by the Labor Management
Relations Act. N.R.S. �608.060. Every employer must establish and maintain regular pay days
and post and maintain posted notices in at least two conspicuous places setting forth the
regular pay days and place of payment. Paychecks must be available in the justice court
precinct where the services were performed. N.R.S. �608.080.
There may be other laws affecting your ability to resolve an employment law
problem, which is necessarily beyond the scope of this reply.
I charge $200.00 per hour for consultation, document review, case analysis,
advice, suggesting and recommending alternatives, legal drafting, telephone
calls, legal research and prosecuting or defending decedent employment actions
when a client hires me.
The Nevada State Bar provides this general information online
regarding lawyer fees:
http://www.nvbar.org/public/lawyerfees.html
If I do not hear back from you by Friday, February 25, 2000, I will assume
that you have answered your questions to your own satisfaction,
hired another lawyer, or decided against pursuing the matter.
I hope this is of assistance to you.
--
Paul J. Malikowski, Esq. Malikowski Law Offices, Ltd.
North Reno Professional Center voice: (775) 688-3220
Post Office Box 9030 USA fax and voicemail: (800) 331-9501
Reno, Nevada 89507-9030
California & Nevada - 1979 USA paging: (888) 936-8337
NEVADA. LAW. ANY QUESTIONS? -- NVLAW.COM