FAQ
Answers to Common Queries
Find answers to “how to calculate overtime” or “what is the minimum wage” in your state. The following FAQs are a result of the most popular inquiries the Firm receives related to labor laws and employee rights. Answers to FAQs in no way serve as legal advice and individuals should consult with an attorney to address individual questions and concerns. If you do not find what you are looking for, please contact us for a free consultation or email us at info@thiermanbuck.com.
Wage & Hour Laws
What is the minimum wage in Nevada?
In 2006 Nevada voters approved a constitutional amendment setting the state minimum wage at $1 above the federal minimum wage if no employer-paid health coverage is offered.
As of July 1, 2019, the minimum wage in Nevada was $7.25 per hour for workers who are offered health care coverage and $8.25 for those without workplace health policies.
As of July 1, 2020, the minimum wage in Nevada wass $8.00 per hour for workers who are offered health care coverage and $9.00 for those without workplace health policies.
As of July 1, 2021, the minimum wage in Nevada was $8.75 per hour for workers who are offered health care coverage and $9.75 for those without workplace health policies.
As of July 1, 2022, the minimum wage in Nevada was $9.50 per hour for workers who are offered health care coverage and $10.50 for those without workplace health policies.
As of July 1, 2023, the minimum wage in Nevada wass $10.25 per hour for workers who are offered health care coverage and $11.25 for those without workplace health policies.
As of July 1, 2024, the minimum wage in Nevada is $11.00 per hour for workers who are offered health care coverage and $12.00 for those without workplace health policies.
What is the minimum wage in California?
The minimum wage in California is determined based on the number of employees. The minimum wage for employers with 25 employees or less is $1.00 per hour less than it is for employers with 26 or more employees. There are some employees who are exempt from the minimum wage law, such as outside salespersons, individuals who are the parent, spouse, or child of the employer, and apprentices regularly indentured under the State Division of Apprenticeship Standards.
As of July 1, 2020, the minimum wage in California was $12.00 or $13.00 per hour depending on the number of employees.
Effective January 1, 2021, the minimum wage in California was $13.00 or $14.00 per hour depending on the number of employees.
Effective January 1, 2022 the minimum wage for employers was $14.00 or $15.00 per hour depending on the number of employees.
Effective January 1, 2023 the minimum wage for ALL employees is $15.00 per hour and can be adjusted annually for inflation based on the national consumer price index. ers with 25 or less employees.
What is "shift jamming"?
Shift jamming is specific to state law. For instance, in Nevada under NRS 608.018, employees who earn less than 1 and ½ times the minimum wage ($10.88 or $12.38), who work more than eight (8) hours in a day must be paid their overtime premium rate for all hours worked over eight (8) in a 24-hour period. Thus, an employee who works a shift with less than 16-hours in between the end of one shift and the beginning of the next shift (“jammed shift”) must be paid overtime premium pay for any hours over eight in that 24-hour period.
What is off-the-clock work?
“Off-the-clock” work is defined as any work you perform that you have not been paid for. This type of work typically involves a scenario where an employee engages in work related activities such as collecting keys, radios, cash, equipment, and attending pre-shift meetings prior to clocking-in and/or after clocking-out of the employer’s time keeping system. Click this link for more information on “off-the-clock” work.
Legal Process
What’s the settlement approval process?
The process begins with filing settlement papers with the court for preliminary approval. Should preliminary approval be granted, notice goes out to the Class about the settlement so they can join, opt-out, or object. Following this process, papers are filed with the court for final approval of the settlement including payments to class representatives, attorneys’ fees and costs.
What’s the litigation process?
A typical litigation process is as follows:
- Conduct investigation
- File lawsuit
- Move for conditional certification if a federal FLSA claim is included
- Allow employees opportunity to opt-in
- Conduct discovery (information gathering process)
- Move for class certification
- Employer opposes motions to get rid of the case
- Proceed to trial
- Appeal
How long do Class Actions typically take to be resolved?
There is no set time as each Class Action varies, however, on average they typically last between 2 to 4 years.
Employee Rights and Responsibilities
What if I move, change my phone number, or change my name?
It is important that you notify our office immediately if you have any change in your contact information.
What if I don’t have any records of my hours worked or wages paid?
Typically employees do not retain such records and it is not fatal to a claim for unpaid wages. Your employer typically is in possession of such information that will be requested in the course of the lawsuit. Your testimony that you worked without being paid the appropriate wages may be sufficient to prevail on a wage claim.
What if my family member (such as a spouse, sister, brother, mother, father, daughter or son) joined in the action but is now deceased?
If you have lost a family member that was a part of a class action, it is important to notify our office immediately, but the estate may pursue the claim on the decedent’s behalf.
What will I have to do if I join in the lawsuit?
Class representatives and named-plaintiffs have greater responsibilities than individuals who simply join in the action. But if you join in the action as an opt-in plaintiff or participate in some other way as a class member, you may be required to respond to written questions (interrogatories) or be questioned by the attorney representing the defendant (deposition). You may also be requested to appear at trial to support a claim for compensation (witness). If you have any further questions, please do not hesitate to contact our office.
Will I be retaliated against for participating in this lawsuit?
Federal law prohibits retaliation for seeking unpaid wages or otherwise defending your rights at work. The National Labor Relations Board (NLRB) also prohibits employers from taking adverse action against you for speaking to your coworkers or joining with your coworkers to improve your working conditions. Most state laws also have anti-retaliation provisions.
Compensation and Fees
How much am I going to get?
Every case is different. We cannot guarantee anything. However, to give you an idea – and this is only an example, please visit our overtime calculation page or contact us if you are concerned. If you participate as a named-Plaintiff and are approved to serve as a class representative, you may receive an additional amount of money for your participation in the action on behalf of other employees.
How much do attorneys collect?
We favor the percentage of recovery method because it aligns our interests with the interests of the class. The more the class recovers, the more we receive in fees. We are rewarded for results, not effort, which is the American way. However, almost all the cases we handle are based on so-called “fee shifting” statutes. In most cases, we seek one third of the total recovery as our fee, which is on the low side of typical attorney contingency fee awards nowadays. In federal Court, the Ninth Circuit “benchmark” is 25%, but there may be exceptions, either upwards for extra work or a small class or downwards, if the recovery exceeds $100 million.
Who pays the attorneys?
Attorneys who represent the people suing, the plaintiffs, in class action cases typically are paid on a contingency basis. The attorneys take a percentage of any recovery secured on behalf of the class. Likewise we advance all costs, and recover them only if there is a recovery. Because the fees depend on the recovery, the attorneys and the class members are completely allied in their desire to maximize recovery in an uncertain situation.
Class Action and Legal Terms
What is a named-plaintiff?
A named-plaintiff is someone who likely initiated the lawsuit and whose name appears on the caption of the lawsuit. Typically, a named-plaintiff will become a class representative.
What is a Class Representative?
A class representative is someone who is authorized to make decisions on behalf of the class that he or she represents and puts the interest of the class ahead of his or her personal interest in the litigation.
What if I file bankruptcy?
You must disclose that you are part of an action on your bankruptcy petition.
What if I missed the deadline to join an Action?
Even if you have missed the deadline, you may submit your consent to join, and should do so immediately, however, we cannot guarantee that the court will allow you to join in the action if the deadline has passed.
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