Nev. Rev. Stat. » NRS: CHAPTER 608 - COMPENSATION, WAGES AND HOURS

Nev. Rev. Stat. § 608.140

Assessment of attorney’s fees in action for recovery of wages

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NRS 608.140  Assessment of attorney’s fees in action for recovery of wages.  Whenever a mechanic, artisan, miner, laborer, servant or employee shall have cause to bring suit for wages earned and due according to the terms of his or her employment, and shall establish by decision of the court or verdict of the jury that the amount for which he or she has brought suit is justly due, and that a demand has been made, in writing, at least 5 days before suit was brought, for a sum not to exceed the amount so found due, the court before which the case shall be tried shall allow to the plaintiff a reasonable attorney fee, in addition to the amount found due for wages and penalties, to be taxed as costs of suit.

      [1:140:1925; NCL § 2787]

     

Notes of Decisions
Cited in 36 cases (17 in the last 5 years), 1975–2026 · leading case: Busk v. Integrity Staffing Solutions, Inc. (In Re Amazon.com, Inc.)
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Busk v. Integrity Staffing Solutions, Inc. (In Re Amazon.com, Inc.) (2018) ca6 · cites it 4× “As for Plaintiffs' Nevada state law claims for unpaid wages arising from the security checks and shortened meal periods, the Nevada district court found that Plaintiffs had properly asserted a private cause of action under Nev.”
Dannenbring v. Wynn Las Vegas, LLC (2013) nvd · cites it 15× “; (3) retaliation; (4) intentional infliction of emotional distress; (5) violation of the Fair Labor Standards Act; and (6) violation of NRS § 608.140. (Doc. # 23). Defendant now moves to dismiss plaintiffs third and sixth causes of action for failure to state a claim upon which…”
Baldonado v. Wynn Las Vegas, LLC (2008) nev · cites it 3× “In contrast, two other statutes in NRS Chapter 608, otherwise enforceable by the Labor Commissioner, expressly recognize a civil enforcement action to recoup unpaid wages: NRS 608.140 (civil actions by employees to recoup unpaid wages) and NRS 608.”
State, Department of Human Resources v. Fowler (1993) nev · cites it 4× “010(2) and NRS 608.140 on the grounds that Fowler was a prevailing party.”
Rivera v. Peri & Sons Farms, Inc. (2011) nvd · cites it 4× “Third, section 608.140 provides for reasonable attorney’s fees for a successful wage plaintiff where the plaintiff makes a written demand to the employer for an amount not exceeding the amount awarded by the court at least five days before filing suit.”
Andreatta v. Eldorado Resorts Corp. (2016) nvd “Venetian Casino Resort, LLC, in which the court reasoned that the legislature likely intended a private right of action under NRS 608.140 because the statute references attorney fees.”
Moen v. Las Vegas International Hotel, Inc. (1975) nvd · cites it 2× “We also note that NRS § 608.160 is part of Chapter 608 of the Nevada Revised Statutes encompassing “compensation, wages and hours generally,” and that violations of many provisions of that Chapter have a criminal sanction and are made misdemeanors, and that NRS § 608.”
Air Service Co. v. Sheehan (1979) nev · cites it 2× “We also sustain the trial court’s denial of Sheehan’s motion for attorney’s fees under NRS 608.140. 2 The affidavit submitted in support of the motion asserted only that a demand letter had been submitted seeking recovery of “certain monies then due and owing.”
NEVILLE, JR. VS. DIST. CT. (TERRIBLE HERBST, INC.) (2017) nev · cites it 30× “: NRS 608.140 allows for assessment of attorney fees in a private cause of action for recovery of unpaid wages.”
Nunez v. Sahara Nevada Corp. (1988) nvd · cites it 2× “and that violations of many provisions of that Chapter have a criminal sanction and are made misdemeanors, and that NRS § 608.140 specifically creates a cause of action for wages earned and unpaid and penal *1476 ties and a reasonable attorney’s fee.”
Texas International Airlines, Inc. v. Bryan (1981) nvd · cites it 2× “160 is part of Chapter 608 of the Nevada Revised Statutes encompassing “compensation, wages and hours generally,” and that violations of many provisions of that Chapter have a criminal sanction and are made misdemeanors, and that NRS § 608.140 specifically creates a cause of…”
Yousif v. The Venetian Casino Resort, LLC (2021) nvd · cites it 17× “3) Failure to Compensate for All Hours Worked in Violation of NRS 608.140 and 20 608.016; 21 4) Failure to Pay Overtime in Violation of NRS 608.”
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