Sample Letter Disputing Unpaid Overtime in Nevada
Nevada overtime is unusual: many lower-paid employees earn overtime after eight hours in a day, not just after forty in a week. That makes daily overtime a frequently missed category, and this letter is how you raise it.
When to Use This Letter
Use this letter when hours you worked were not paid at the correct overtime rate.
- Shifts longer than eight hours paid entirely at straight time
- More than forty hours in a workweek without a premium
- Work performed before clocking in, after clocking out, or during an unpaid meal period
- Time edited, rounded, or deleted from your punch records
- Mandatory training, meetings, or travel treated as unpaid
What Nevada Law Says
NRS 608.018 sets Nevada's overtime structure. Employees paid less than one and one-half times the minimum wage generally receive overtime after forty hours in a workweek or after eight hours in any twenty-four-hour period, whichever produces the greater amount. Employees paid at or above that threshold are generally subject to the weekly standard, and specific exceptions apply. The federal Fair Labor Standards Act provides an overlapping weekly overtime requirement.
The daily-overtime rule is the one employers most often get wrong for hourly workers in hospitality, healthcare, warehousing, and construction. If you regularly worked shifts longer than eight hours at a rate below one and one-half times minimum wage, check whether daily overtime was paid.
Recovery routes follow the wage statutes: NRS 608.135 authorizes a civil action within two years for violations of NRS 608.020 through 608.050, and NRS 608.140 can support a fee award where a written demand preceded suit by at least five days.
Sample Letter You Can Adapt
Replace the highlighted placeholders with your own facts, and delete anything that does not apply. Keep the tone factual rather than angry — assume this letter will later be read by human resources, an outside investigator, a state agency, or a judge.
[Your name]
[Your job title and department]
[Date]
To: [HR representative, payroll manager, or employer legal name]
Re: Unpaid overtime — request for correction
Dear [Name],
I am writing about overtime that I believe was not paid correctly. My regular
rate of pay is [$X.XX per hour] and my position is [job title].
Pay periods at issue: [date range].
Hours I worked that were not paid at the overtime rate:
Week of [date]: [hours worked] total.
[Describe: I worked (number) shifts longer than 8 hours; daily overtime was
not paid / total hours exceeded 40 and no premium appeared].
Overtime hours owed: [number] at [$X.XX] = [$ subtotal]
Week of [date]: [repeat the same structure]
Overtime hours owed: [number] at [$X.XX] = [$ subtotal]
Total overtime owed: [$ TOTAL]
Basis: [Explain, e.g. "My rate is below one and one-half times the Nevada
minimum wage, so under NRS 608.018 I understand overtime is owed after 8 hours
in a 24-hour period as well as after 40 hours in a workweek."]
Records supporting this: [pay stubs, punch records, schedules, my own daily time
log, messages from a supervisor directing the work]. I can provide copies.
[If applicable: I also worked time that does not appear in the punch records at
all, specifically (describe: pre-shift setup, post-shift closing, work during
unpaid meal periods), on approximately (dates).]
I request that payroll review these pay periods and issue a correcting payment
within [14] days. Please confirm in writing what the review finds, including
the hours and rate used.
Sincerely,
[Your name]
[Phone and personal email address]How to Send It and What to Keep
Send it to payroll or HR, and keep it factual — this is often resolved as a payroll correction rather than a dispute.
- Attach your own hour calculations, week by week, so the figure is checkable
- Preserve pay stubs and any punch or schedule records you can access
- Copy your personal email address
- Ask for written confirmation of what the review concluded and how it was calculated
Start your own daily log now if you do not already keep one. Where employer records are incomplete, a contemporaneous personal record of start times, end times, and breaks carries real weight.
Mistakes That Weaken the Letter
- Only counting weekly overtime. If your rate is below one and one-half times minimum wage, daily overtime after eight hours may also be owed under NRS 608.018.
- Estimating in round numbers. Show the weeks, the hours, and the rate.
- Assuming a salary makes you exempt. Exemption depends on duties and pay structure, not on being paid a salary.
- Ignoring off-the-clock time. Pre-shift, post-shift, and interrupted-meal work is frequently the largest category.
- Waiting past the statutory window. NRS 608.135 sets a two-year window for the underlying civil action.
What Usually Happens After You Send It
Most employers respond in one of four ways: they fix the problem, they open an internal investigation, they answer with a denial, or they say nothing. Each response tells you something useful. A correction resolves the issue. An investigation creates records that may matter later. A denial locks the employer into an explanation that can be compared against the documents. Silence, on a written and dated request, is itself evidence that notice was given and ignored.
Keep a short log of what happens after the letter goes out: dates of meetings, who attended, what was said, and any change to your schedule, duties, pay, or reviews. Employees often remember the letter clearly and forget the three weeks that followed, which is usually the period that matters most.
Writing to Your Employer Is Generally Protected
Nevada and federal law protect employees who report conduct they reasonably believe is unlawful. NRS 613.340 prohibits retaliation against workers who oppose unlawful employment practices or take part in an investigation, charge, or hearing. That protection can apply even when the underlying complaint is never proven, provided the belief was reasonable and held in good faith.
If discipline, a schedule cut, a demotion, reassignment, or termination follows shortly after your letter, the timing itself can support a retaliation claim that is separate from the original problem. Do not resign in response without advice — quitting can complicate both the claim and any unemployment filing.
Watch the Deadlines
A letter to your employer does not extend any legal deadline. Discrimination, harassment, and retaliation claims typically require a charge with the Nevada Equal Rights Commission or the EEOC before a lawsuit, and those windows can be short. Wage claims run on their own timetable: NRS 608.135 authorizes a civil action within two years for violations of NRS 608.020 through 608.050. Send the letter, then confirm your actual deadlines with counsel rather than waiting on a reply.
¿Prefiere español? Lea la versión en español: Cómo redactar una carta para exigir el pago de horas extra.
More templates and guides: letter templates · Nevada employment resources · practice areas · FAQ.
Frequently Asked Questions
Does Nevada require daily overtime?
For many lower-paid employees, yes. Under NRS 608.018, employees paid less than one and one-half times the minimum wage generally receive overtime after eight hours in a twenty-four-hour period as well as after forty hours in a workweek.
I am paid a salary — can I still be owed overtime?
Possibly. Being paid a salary does not by itself make you exempt. Exemption generally depends on your actual job duties and how you are paid, so a salaried title alone does not settle the question.
What if my employer edited my time records?
Document what you actually worked and when, and say in the letter that the punch records appear to have been altered. Employers are required to keep accurate wage records, and your own contemporaneous log is evidence.
How far back can I claim unpaid overtime?
NRS 608.135 authorizes a civil action within two years for violations of NRS 608.020 through 608.050. Federal claims may run on a different schedule, so confirm the dates that apply to your facts.
Related Pages
Talk With a Las Vegas Employment Lawyer
If this situation sounds familiar, request a confidential consultation. Call 702-605-5409 or send a message.
This page is for general informational purposes and is not legal advice. Nevada and federal employment laws change, and deadlines and remedies depend on the facts. Contact an attorney about your situation.