Nev. Rev. Stat. § 608.040

Penalty for failure to pay employee who is discharged, resigns, quits or is placed on nonworking status

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NRS 608.040 Penalty for failure to pay employee who is discharged, resigns, quits or is placed on nonworking status.

1. If an employer fails to pay:

(a) Within 3 days after the wages or compensation of a discharged employee becomes due;

(b) Within 3 days after the wages of an employee placed on nonworking status pursuant to NRS 608.020 becomes due; or

Ê the wages or compensation of the employee continues at the same rate from the day the employee resigned, quit or was discharged or placed on nonworking status until paid or for 30 days, whichever is less.

2. Any employee who secretes or absents himself or herself to avoid payment of his or her wages or compensation, or refuses to accept them when fully tendered to him or her, is not entitled to receive the payment thereof for the time he or she secretes or absents himself or herself to avoid payment.

[Part 2:71:1919; 1919 RL p. 2776; NCL § 2776]—(NRS A 1985, 383; 2023, 585)

Notes of Decisions

Cited in 33 cases (15 in the last 5 years), 1973–2026 · leading case: Coast Hotels & Casinos, Inc. v. Nevada State Labor Commission

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Coast Hotels & Casinos, Inc. v. Nevada State Labor Commission (2001) nev · cites it 6× “00 and then imposed a statutory penalty on Orleans pursuant to NRS 608.040 in the amount of $2,548.00, but waived $2,000.”

A CAB, LLC v. MURRAY (2021) nev · cites it 4× “For the time period between January 1, 2013, and 4In issuing the summary judgment, the district court dismissed the NRS 608.040 claims without prejudice. SUPREME COURT OF NEVADA 4 (0) 1947A APP.”

Dannenbring v. Wynn Las Vegas, LLC (2013) nvd · cites it 2× “The court, however, finds such analysis improper at this stage. . In the alternative, defendant requests that to the extent that the court finds ambiguity in the state statutory definition of wages in NRS § 608.”

Rivera v. Peri & Sons Farms, Inc. (2011) nvd · cites it 4× “The SAC lists four claims: (1) Minimum Wage Violations Under § 206(a) of the Fair Labor Standards Act (“FLSA”); (2) Breach of Contract (the DOLCOs); (3) State Wage and Hour Law Violations Under Nevada Revised Statutes (“NRS”) Sections 608.040, 608.050, 608.140, 608.250, and 608.”

Lucas v. Bell Trans (2011) nvd · cites it 7× “Nev. Rev. Stat. § 608.040 (l)(a)-(b). This “waiting penalty” statute penalizes an employer’s failure to render prompt payment of past-due wages to an employee who resigns, quits, or is discharged.”

Boucher v. Shaw (2008) nev “018; NRS 608.040(1); NRS 608.050. As an initial matter, respondents contend that the Ninth Circuit’s certified question is ambiguous because the term “individual manager” could relate to management-level employees or to statutory “managers” of a limited liability company, since…”

Martel v. HG Staffing, LLC (2022) nev · cites it 48× “Fourth, claims under NRS 608.040, which penalizes employers for failing to timely pay earned wages to former employees, cannot be utilized to recover wages that are time-barred under other statutes.”

Martel v. HG Staffing, LLC (2022) nev · cites it 18× “Third, claims under NRS 608.040, which penalizes employers for failing to timely pay earned wages to former employees, cannot be utilized to recover wages that are time-barred under other statutes.”

Martel v. HG Staffing, LLC (2022) nev · cites it 16× “Third, claims under NRS 608.040, which penalizes employers for failing to timely pay earned wages to former employees, cannot be utilized to recover wages that are time-barred under other statutes.”

Labor Commissioner v. Mapes Hotel Corporation (1973) nev “190(2) provides a penalty of up to $300, payable to the State, in addition to penalties NRS 608.040 makes collectible by employees who are not paid wages when due.”

MYERS VS. RENO CAB CO., INC. C/W 80449 (2021) nev · cites it 12× “In addition, the drivers alleged that they were not paid all the wages they were owed at the time of separation, entitling them to waiting time penalties under NRS 608.040. The cab companies moved for summary judgment, arguing that the drivers were independent contractors, not…”

Show all 33 citing cases →

— Nev. Rev. Stat. § 608.040(1) — 11 cases

Coast Hotels & Casinos, Inc. v. Nevada State Labor Commission (2001) nev “00 and then imposed a statutory penalty on Orleans pursuant to NRS 608.040 in the amount of $2,548.00, but waived $2,000.”

Martel v. HG Staffing, LLC (2022) nev “Fourth, claims under NRS 608.040, which penalizes employers for failing to timely pay earned wages to former employees, cannot be utilized to recover wages that are time-barred under other statutes.”

NEVILLE, JR. VS. DIST. CT. (TERRIBLE HERBST, INC.) (2017) nev

— Nev. Rev. Stat. § 608.040(1)(b) — 4 cases

Martel v. HG Staffing, LLC (2022) nev “Third, claims under NRS 608.040, which penalizes employers for failing to timely pay earned wages to former employees, cannot be utilized to recover wages that are time-barred under other statutes.”

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