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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 4466
Experience:  Exclusively practice labor and employment law.
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Are salaried non-exempt employees required to have a day off

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Are salaried non-exempt employees required to have a day off during a 7-day period?
Hi, My name is XXXXX XXXXX I’m happy to assist you with your question today.

Nevada unfortunately does not have any mandatory vacation or "one day off in seven" law that would require time off; unlike some other states that do have such a requirement. A correctly classified salaried employee can be required to work every day without extra compensation.

I question whether your son is correctly classified as salaried . Generally, to meet this qualification the "manager" has to have clear authority over other employees - to hire, fire, direct work, create and manage projects. Or they have to be in such a profession (doctor, lawyer, accountant) that they are using basically a college degree in a learned manner.

If I'm reading into your question correctly your son has been named a "manager" but probably has no such authority...he's just basically there doing all the work, while the employer pays him nothing extra for ours over 40 per week. That's not correct and he should be classified as an hourly employee and paid overtime (time and one half for all hours over 40 per week). If you suspect this is true and want to pursue it, I'd suggest filing charges with the Department of Labor - Wage and Hour Department, which would investigate the matter, make a determination of whether he is properly classified and would attempt to resolve the matter. If they cannot resolve it, they will bring a lawsuit against the employer. You can learn how and where to file such a charge at the Department's website - here.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.

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