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?


Asked on 2/21/00, 11:14 am

1 Answer from Attorneys

Paul Malikowski Malikowski Law Offices, Ltd.

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

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Answered on 2/24/00, 3:05 am


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