Nev. Rev. Stat. § 608.260

Action by employee against employer; limitation of action; remedies and award to prevailing employee

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NRS 608.260  Action by employee against employer; limitation of action; remedies and award to prevailing employee.

      1.  If any employer pays any employee a lesser amount than the minimum wage set forth in NRS 608.250 or, if applicable, the minimum wage established by regulation of the Director of the Department of Human Services pursuant to NRS 608.670, the employee may, at any time within 2 years, bring a civil action against the employer. A contract between the employer and the employee or any acceptance of a lesser wage by the employee is not a bar to the action.

      2.  If the employee prevails in a civil action brought pursuant to subsection 1:

      (a) The employee is entitled to all remedies available under the law or in equity appropriate to remedy the violation by the employer which may include, without limitation, back pay, damages, reinstatement or injunctive relief; and

      (b) The court must award the employee reasonable attorney’s fees and costs.

      (Added to NRS by 1965, 696; A 1975, 1585; 1977, 1374; 2001, 565; 2019, 3749; 2021, 3660)

     

Notes of Decisions
Cited in 22 cases (10 in the last 5 years), 2007–2025 · leading case: A CAB, LLC v. MURRAY
A CAB, LLC v. MURRAY (2021) nev · cites it 4× “3d 257, 258 (2016) (concluding that applying the two-year statute of limitations in NRS 608.260 is proper for MWA claims). "We review questions of 10At oral argument before this court, counsel for A Cab expressed concern that, should we overrule Castillo, plaintiffs would have…”
In Re Wal-Mart Wage & Hour Employment Practices Litigation (2007) nvd · cites it 2× “Nevada has not addressed a situation similar to the allegations in Plaintiffs Complaint, and thus has not expressed whether its statutory provisions would constitute an adequate legal remedy given Plaintiffs allegations of intentional wrongdoing.”
Rivera v. Peri & Sons Farms, Inc. (2011) nvd · cites it 6× “§ 255 (a); Nev.Rev.Stat. § 608.260. The two-year federal statute of limitations bars only those claims that accrued before February 16, 2009.”
Roces v. Reno Hous. Auth. (2018) nvd “NRS 608.260 ; Perry v. Terrible Herbst, Inc.”
PERRY VS. TERRIBLE HERBST, INC. (2016) nev · cites it 54× “Because the MWA does not specify a statute of limitations for the right of action it establishes, we are asked to determine whether the two-year statute of limitations in NRS 608.260 or the catch- all four-year statute of limitations in NRS 11.”
Sheffer v. US Airways, Inc. (2015) nvd · cites it 4× “See Nev.Rev.Stat. § 608.260. Plaintiff has brought no claim under NRS 608.”
PERRY VS. TERRIBLE HERBST, INC. (2016) nev · cites it 27× “Because the MWA does not specify a statute of limitations for the right of action it establishes, we are asked to determine whether the two-year statute of limitations in NRS 608.260 or the catch- all four-year statute of limitations in NRS 11.”
Martel v. HG Staffing, LLC (2022) nev · cites it 21× “They argue that NRS 608.260, which governs claims for statutory minimum wages, expressly provides that an action must be brought within two years, whereas the other wage statutes are silent in this regard.”
Martel v. HG Staffing, LLC (2022) nev · cites it 7× “They argue that NRS 608.260, which governs claims for statutory minimum wages, expressly provides that an action must be brought within two years, whereas the other wage statutes are silent in this regard.”
Martel v. HG Staffing, LLC (2022) nev · cites it 7× “They argue that NRS 608.260, which governs claims for statutory minimum wages, expressly provides that an action must be brought within two years, whereas the other wage statutes are silent in this regard.”
Martel v. HG Staffing, LLC (2022) nev · cites it 7× “They argue that NRS 608.260, which governs claims for statutory minimum wages, expressly provides that an action must be brought within two years, whereas the other wage statutes are silent in this regard.”
SARGEANT VS. HENDERSON TAXI (2017) nev · cites it 2× “3d 257, 258 (2016) (holding that MWA claims are subject to the two-year statute of limitations in NRS 608.260). Thus, the union's settlement with Henderson Taxi of the drivers' accrued MWA claims did not violate the MWA or public policy.”
— Nev. Rev. Stat. § 608.260(1) — 4 cases
Martel v. HG Staffing, LLC (2022) nev “They argue that NRS 608.260, which governs claims for statutory minimum wages, expressly provides that an action must be brought within two years, whereas the other wage statutes are silent in this regard.”
Martel v. HG Staffing, LLC (2022) nev “They argue that NRS 608.260, which governs claims for statutory minimum wages, expressly provides that an action must be brought within two years, whereas the other wage statutes are silent in this regard.”
Martel v. HG Staffing, LLC (2022) nev “They argue that NRS 608.260, which governs claims for statutory minimum wages, expressly provides that an action must be brought within two years, whereas the other wage statutes are silent in this regard.”
Martel v. HG Staffing, LLC (2022) nev “They argue that NRS 608.260, which governs claims for statutory minimum wages, expressly provides that an action must be brought within two years, whereas the other wage statutes are silent in this regard.”
— Nev. Rev. Stat. § 608.260(2)(b) — 1 case
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