Legal Law

Employee Beware: Four Areas to Monitor

The unemployment rate is the lowest in two decades, and there are now more job openings nationwide than there are unemployed people actively looking for work. Nevada’s unemployment rate is about a percentage point higher than the national rate, but we’ve come a long way since the Great Recession devastated Nevada’s economy from Hawthorne to Henderson. Observers don’t know why wages don’t rise quickly during such a strong period of employment, and workers should know that this is the best opportunity they’ve had in years to ask for a pay raise. As you work up the courage to have that conversation with your boss, keep an eye on these four aspects of your work life to make sure you’re being treated fairly.

count your hours

With the availability of smartphones these days, you can have a cloud-based spreadsheet of your work hours right in your pocket. This is a very strong practice for hourly employees and it doesn’t hurt salaried employees either. Administrative errors or, in some workplaces, shady practices can lead to a shave of small hours that can cost you a lot in the long run. Counting your hours on a separate document helps protect you from this potential abuse and makes it easier for you to project your income and family budget. If you think you have been a victim of wage theft, the Las Vegas Workers Center can provide you with advice and referrals.

Employed or not?

If your employer has extolled the benefits of being an “independent contractor,” beware. Employers often emphasize the ability to deduct job expenses and “choose your hours” when you work for them as an independent contractor. But those same employers often place strict requirements on the nature of your job, making you an employee by a different name. This has several benefits for employers: wage and hour regulations may be waived, they may avoid paying the employer’s share of federal taxes, and may reduce the costs of workers’ compensation benefits and insurance. The so-called worker’s compensation is financed in various ways; In Nevada, employers pay insurance premiums to private companies based on the number of workers, the industry, and other factors. If your employer mischaracterizes you as an independent contractor, he or she may not be paying the proper amount for workers’ compensation insurance. If you have concerns about a workers’ compensation issue at your Las Vegas workplace, contact Benson & Bingham or another reputable Southern Nevada workers’ compensation law firm for advice.

Paid license: take it, don’t leave it

When you’re hired, make sure you understand how PTO accrues, if it ever expires, and what you do with those hours when you leave the company. You want to know this information when relations with your employer are positive so that if things go wrong, you know what rights you have to stand up for. After many years of service, some employees feel a sense of loyalty that can prevent them from “taking advantage” of earned paid vacations. Don’t forget: paid vacations have increased as an alternative to higher pay. If your sense of duty doesn’t make you want to give up annual raises, don’t let that fool you into giving up your hard-earned PTO! Also, make sure you understand the Federal Medical Leave Act, which generally applies to employers with 50 or more employees. This law can protect your job if you take unpaid time off for certain family care needs. For more information on Nevada paid leave worker protections, contact the Nevada Labor Commissioner or visit workplacefairness.org.

Discrimination

The final area to watch out for is unique to historically subordinate and marginalized groups, including women and people of color: discrimination. (While federal law is constantly changing on this topic, Nevada law regulates discrimination based on gender identity and sexual orientation.) Discrimination can arise at any time during the employment relationship: hiring decisions, pay disparities, harassment and hostile work environment, enforcement of workplace policies, assignment of promotions and other benefits, and termination. Several Las Vegas law firms specialize in employment discrimination cases and can advise you on fair employment issues from their offices in Henderson, North Las Vegas, and throughout Clark County.

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June 26, 2022