Under existing law: (1) whenever an employer discharges an employee, the wages and compensation earned and unpaid at the time of the discharge become due and payable immediately; and (2) if an employer fails to pay the wages or compensation within 3 days after the wages or compensation becomes due, the wages and compensation continue at the same rate from the day the employee was discharged until paid or for 30 days, whichever is less. (NRS 608.020, 608.040) Section 2 of this bill provides that whenever an employer places an employee on nonworking status, the wages earned and unpaid at the time of such placement also become due and payable immediately. As defined for the purposes of section 2, the term “nonworking status” means the temporary layoff of an employee whereby the employee remains employed and may be called back to work at a future date. The term does not include an employee who an employer: (1) places on suspension pending an investigation; (2) places on suspension pursuant to a disciplinary action; (3) places on-call for available work; or (4) approves to take a leave of absence. Section 3 of this bill provides that if an employer fails to pay the wages of an employee placed on nonworking status within 3 days after the wages become due, the wages also continue at the same rate from the day the employee was placed on nonworking status until paid or for 30 days, whichever is less. Section 1 of this bill makes a conforming change to provide that the term “wages” includes amounts due to an employee placed on nonworking status.

Statutes affected:
As Introduced: 608.012, 608.020, 608.040
Reprint 1: 608.012, 608.020, 608.040
As Enrolled: 608.012, 608.020, 608.040
BDR: 608.012, 608.020, 608.040