Nev. Admin. Code § 608.155 - Claims for wages unpaid when due

Current through March 28, 2022

1. Before an employee may file a claim for wages unpaid when due, the employee shall make a good faith attempt to collect any wages due the employee from an employer at the normal place and in the normal method that payment is made to employees of the employer.
2. An independent contractor may not file a claim for wages unpaid when due.
3. In a claim for wages unpaid when due, the following presumptions will apply, if applicable, unless the Commissioner receives evidence that he deems to be sufficient to rebut the presumption:
(a) An employee who has been placed on an indefinite suspension by an employer will be presumed to have been discharged by the employer;
(b) An employee who has not been paid by an employer will be presumed to have been discharged by the employer; and
(c) An employee who fails to report to work will be presumed to have abandoned his job.
4. As used in this section, "independent contractor" means a self-employed person who agrees with a client to do work for the client, for a certain fee, according to the means or methods of the self-employed person and not subject to the supervision or control of the client except as to the result of the work.

Notes

Nev. Admin. Code § 608.155
Added to NAC by Labor Comm'r by R115-04, eff. 8-25-2004

NRS 607.160

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