Under existing law, whenever an employer: (1) discharges an employee, the wages and compensation earned and unpaid at the time of the discharge become due and payable immediately; and (2) places an employee on nonworking status, the wages earned and unpaid at the time the employee is placed on such status become due and payable immediately. (NRS 608.020) Additionally, existing law provides that whenever an employee resigns or quits his or her employment, the wages and compensation earned and unpaid at the time of the employee's resignation or quitting are required to be paid not later than the day on which the employee would have regularly been paid the wages or compensation or 7 days after the employee resigns or quits, whichever is earlier. (NRS 608.030) Sections 1 and 2 of this bill revise those requirements with respect to compensation to instead provide that any compensation of such an employee that is earned and unpaid at the time the employee is discharged, resigns or quits is required to be paid in the same manner and on the same day on which the employee would have regularly been paid the compensation. Sections 1-3 of this bill define “compensation” to mean any bonus, arrangement to share profits, fringe benefits, matching contribution made to a plan authorized by 26 U.S.C. § 401(k) and any other similar contribution that an employer has agreed to pay to an employee. Existing law provides for the imposition of a penalty upon an employer who fails to comply with the requirements pertaining to the payment of wages and compensation of an employee who resigned, quit or was discharged or placed on nonworking status. Under existing law, the wages or compensation of such an employee continues at the same rate until the employee is paid or for 30 days, whichever is less, if the employer fails to pay the wages or compensation, as applicable: (1) for an employee who is discharged, within 3 days after the wages or compensation of the employee becomes due; (2) for an employee who is placed on nonworking status, within 3 days after the wages of the employee becomes due; and (3) for an employee who resigns or quits, on the day the wages or compensation is due. (NRS 608.040) Section 3 revises the amount of such a penalty. Rather than providing that the wages or compensation of the employee continues at the same rate until paid or for 30 days, whichever is less, section 3 requires an employer who fails to pay the wages of an employee who has resigned, quit or been discharged or placed on nonworking status within the required time to pay the employee an additional amount equal to the amount the employee would receive for 8 hours of work at the rate of 1 1/2 times his or her hourly wage rate for each day or portion of a day that the wages to which the employee is entitled and any additional amount required by section 3, are not paid or for 30 days, whichever is less. Section 3 additionally requires such an employer to pay to an employee who has resigned, quit or been discharged an amount equal to the amount of compensation the employee would have earned for each day or portion of a day that the wages to which the employee is entitled and any additional amount required by section 3 are not paid or for 30 days, whichever is less. Section 3 requires that amount to be paid in the same manner and on the same day on which the employee would have regularly been paid compensation if the employee had earned compensation during that period.

Statutes affected:
As Introduced: 608.020, 608.030, 608.040, 678A.510, 678A.600, 678A.645, 678B.510
Reprint 1: 608.020, 608.030, 608.040
As Enrolled: 608.020, 608.030, 608.040
BDR: 608.020, 608.030, 608.040, 678A.510, 678A.600, 678A.645, 678B.510