Nevada Employee Misclassification Remedies

Overview

An employer may not coerce, misrepresent, or use fraud to force independent-contractor status, and may not willfully misclassify a person who should be treated as an employee.

Remedies

The Labor Commissioner may issue a warning for a first offense and fine $5,000 per willfully misclassified employee for later offenses, after notice and hearing. A misclassified worker may complain to the Labor Commissioner, who must decide within 120 days. An employer found to have misclassified a person is liable for lost wages, benefits, or other economic damages needed to make the person whole.

Practical Steps

• Gather evidence of schedule control, supervision, tools, exclusivity, and integration into the business.
• Compare your situation with the NRS 608.0155 presumption factors.
• File promptly if pay, overtime, or benefits were denied because of the contractor label.

Key Statutes

NRS 608.400; NRS 608.410; NRS 608.0155.

Related Guides

• Independent-contractor presumption
• Overtime
• Wage-claim remedies

This guide is for general informational purposes and is not legal advice. Nevada employment statutes and regulations change, and the correct procedure and deadlines depend on the facts of each matter. Contact an attorney for advice about your situation.