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Jane T (LLC)
Jane T (LLC), Lawyer
Category: Employment Law
Satisfied Customers: 8435
Experience:  Worked with employment legal group in major national corp.
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I am a salaried employee in the state of Nevada. We work 9

Resolved Question:

I am a salaried employee in the state of Nevada. We work 9 hours a day, sometimes longer. They also deduct us if we work less on some days. We do not get any lunch breaks whatsoever. Is this legal
Submitted: 8 years ago.
Category: Employment Law
Expert:  Jane T (LLC) replied 8 years ago.

DearCustomer

 

Per the U.S. Dept. of Labor (here) and the Nevada Office of the Labor Commissioner (here, under the Wage and Hour section) Nevada employers must normally provide employees who work 8 hrs a 30 minute break. Employees may contact the Labor Commissioner's office (see below for the contact informaiton) to discuss a failure to obtain required breaks. Also, be aware that some employers may be able to obtain exceptions from the Commissioner (but only if it is a "business necessity").

 

Also, the Fair Labor Standards Act (FLSA) is the federal law that specifies how overtime is to be paid and when it is to be paid and which employees are eligible for overtime. Usually, hourly employees, not salaried workers are paid overtime. However, the FLSA require employers to properly classify employees as hourly under the law and, if the fail to properly classify employees as hourly or salaried, then they can be forced to pay unpaid overtime hours. Usually, to be salaried, employees must supervise others or meet certain specific requirements. You can contact Nevada Office of the Labor Commissioner to discuss how to determine whether you are properly classified or you can use the U.S. Dept. of Labor website here to determine if you are owed overtime.

 

 

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