The state of Nevada has laws in place relating to the meal and rest breaks that workers in the state are rightfully entitled to. These laws are not optional, and they must be followed by the employer.
Rest periods and meal periods are meant to ensure that workers in Nevada are treated fairly and receive the rest they need to perform their work duties safely and efficiently.
If your company is failing to give you the breaks you are entitled to based on the hours that you are working, then you may be eligible to file a lawsuit and recover compensation. When you are ready to seek legal counsel, don’t hesitate to reach out.
The team at De Castroverde Accident & Injury Lawyers is committed to seeing that our clients are treated fairly after their workers’ rights have been infringed upon.
Meal and Break Period Laws in Nevada
The Department of Business and Industry updated the state requirements for meal and rest periods in 2019, these laws are still in effect today. In this update, the state clearly describes what a worker is entitled to depending on how many hours they work.
The requirements for meal and rest periodsare as follows:
- 30-minute uninterrupted meal for a continuous eight hours of work
- 10-minute uninterrupted rest period for every four hours of work
- An employee may elect not to have a meal or rest period, but the employer must prove this agreement exists
In order for an employer to forego these laws, they must receive an exemption from the Office of the Labor Commissioner. If they did not receive this exemption, and you did not agree to skip any breaks, then your employer is in violation of the law.
Minimum Wage Laws in Nevada
Meal and rest break laws do not just pertain to full-time employees but part-time workers as well. Nevada state law requires that all workers are paid a minimum of $10.50 per hour, a rate that will increase by 75 cents every year through 2024. Under current laws, any employee paid less than $15.75 per hour without benefits or $14.25 per hour with benefits must be paid overtime for any time worked over eight hours in a day.
This means that if you work 12 hours in one single day, and you only work 35 hours in that week, you are still entitled to four hours of overtime because you worked that many hours over eight in a single day. This can happen during weeks where there are holidays and you are granted a day off by your employer.
It is important to note that you will not be paid overtime if you and your employer agree to schedule four 10-hour days to achieve a 40-hour work week.
What to Do if You Have Been Unfairly Compensated
If you believe that your employer has broken the law, then you might decide to seek the help of an attorney with experience in meal and rest break laws in Nevada. If you decide to speak with an attorney, they will want to know how your rights were infringed upon.
The easiest way to prove this is to keep a log of all break periods that you were not given during any given time. Be sure to include all work days where you missed breaks and were needed for consecutive hours to show how your rights were violated.
When your lawyer begins working with you, they will want to know the severity of the violations by your employer and how those violations impacted your life. Long work hours can lead to poor health and exhaustion, which can lead to accidents in the workplace. If you have been injured, then you may be eligible to file a personal injury lawsuit.
Once you and your attorney have determined what you should be compensated for, your lawsuit will be filed against your employer. During this time, your attorney will work on your behalf to ensure that you are treated fairly as they attempt to reach a fair settlement for you.
Depending on the company you work for, there is the chance that you could opt into a class action or mass tort lawsuit. There have been instances of nationwide companies
being sued by multiple parties for the same issue, which can result in these types of lawsuits. Your attorney will be able to best assist you with deciding how your particular case should be handled.
Contact De Castroverde Accident & Injury Lawyers Today
If you feel that you have been taken advantage of by your employer and you were not administered proper break periods, then do not delay in contacting an attorney who can help you.
De Castroverde Accident & Injury Lawyers offer free consultations for all personal injury and worker’s compensation claims.
Nevada has laws for workers’ rights in effect for a reason. Employers should not be able to take advantage of you and deny you a safe and healthy work experience.
When you are ready to discuss how your meal and break periods were disregarded by your employer, contact our team at De Castroverde Accident & Injury Lawyers today.