WAGE AND HOUR DEMAND LETTER
Nevada Revised Statutes Chapter 608 and FLSA Claims
[ATTORNEY/FIRM LETTERHEAD]
[Firm Name]
[Address Line 1]
[City, Nevada ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Nevada State Bar Number]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [recipient_email]
[Date]
[Employer Contact Name]
[Title]
[Company Legal Name]
[Company Address]
[City, State ZIP]
Copy to:
[Company General Counsel, if known]
[Registered Agent, if different]
Re: Wage and Hour Violations - [Client Full Name]
Demand for Unpaid Wages Under FLSA and Nevada Law
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO FRE 408
Dear [Mr./Ms./Mx. Last Name]:
This firm has been retained by [Client Full Name] ("our client") to pursue claims for unpaid wages against [Company Legal Name] ("[Company Short Name]" or "the Company") arising from violations of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. Section 201 et seq., and Nevada Revised Statutes Chapter 608 and the Nevada Constitution Article 15, Section 16.
Please direct all further communications regarding this matter to our office.
I. NEVADA-SPECIFIC LEGAL FRAMEWORK
A. Nevada Minimum Wage
Nevada's minimum wage is established by the Nevada Constitution, Article 15, Section 16, and is adjusted annually based on the Consumer Price Index:
- $12.00 per hour (effective July 1, 2024) - Single rate regardless of health benefits
Nevada eliminated the two-tier minimum wage system effective July 1, 2024, under Assembly Bill 456 (2019). All employers must now pay the same minimum wage.
Nevada does not allow a tip credit against the minimum wage for private lawsuits, though the Labor Commissioner may recognize a limited tip credit in administrative proceedings.
B. Overtime Requirements
Nevada has both daily and weekly overtime requirements:
- Daily Overtime: 1.5 times the regular rate for hours worked over 8 hours in a workday for employees earning less than 1.5 times the minimum wage. Nev. Rev. Stat. Section 608.018.
- Weekly Overtime: 1.5 times the regular rate for all hours worked over 40 in a workweek. Nev. Rev. Stat. Section 608.018.
Employees earning at least 1.5 times the minimum wage ($18.00/hour or more) are exempt from daily overtime but still entitled to weekly overtime.
C. Meal and Rest Break Requirements
Nevada has mandatory rest breaks:
- Rest Breaks: Employers must provide a paid 10-minute rest break for every 4 hours worked or major fraction thereof. Nev. Rev. Stat. Section 608.019.
- Meal Periods: Nevada does not mandate meal periods for adult employees, but if provided, meal periods of 30 minutes or more may be unpaid only if the employee is completely relieved of duties.
D. Wage Payment Requirements
Under Nevada law:
- Regular Pay Periods: Employees must be paid at least semi-monthly on regular paydays. Nev. Rev. Stat. Section 608.060.
- Termination - Discharge: All wages due must be paid immediately upon discharge. Nev. Rev. Stat. Section 608.020.
- Termination - Resignation: Wages are due on the next regular payday or within 7 days, whichever is earlier. Nev. Rev. Stat. Section 608.030.
E. Statute of Limitations
| Claim Type | Limitations Period | Citation |
|---|---|---|
| FLSA (standard) | 2 years | 29 U.S.C. Section 255(a) |
| FLSA (willful) | 3 years | 29 U.S.C. Section 255(a) |
| Nevada wage claims | 2 years | Nev. Rev. Stat. Section 608.260 |
F. Liquidated Damages and Penalties
FLSA Liquidated Damages: Equal to the amount of unpaid wages (doubling recovery). 29 U.S.C. Section 216(b).
Nevada Penalties:
- Willful failure to pay: An employer who willfully fails to pay wages when due is liable for waiting time penalties. Nev. Rev. Stat. Section 608.040.
- Administrative penalties: The Labor Commissioner may assess civil penalties up to $5,000 per violation. Nev. Rev. Stat. Section 608.195.
G. Attorney's Fees
The FLSA provides for recovery of reasonable attorney's fees and costs to the prevailing employee. 29 U.S.C. Section 216(b). Nevada courts may award attorney's fees in wage claims.
II. FACTUAL BACKGROUND
A. Employment Relationship
| Category | Details |
|---|---|
| Employee Name | [Client Full Name] |
| Job Title(s) | [Title(s)] |
| Dates of Employment | [Start Date] to [End Date / Present] |
| Work Location(s) | [Address(es)] |
| Primary Duties | [Describe job duties] |
| Rate of Pay | $[Amount] per [hour/week/year] |
| Classification | [Exempt / Non-Exempt / Independent Contractor] |
| Pay Frequency | [Weekly / Bi-weekly / Semi-monthly / Monthly] |
| Supervisor(s) | [Name(s) and Title(s)] |
B. Hours Worked
Our client regularly worked the following schedule:
Typical Weekly Schedule:
| Day | Scheduled Hours | Actual Hours Worked | Unpaid Time |
|---|---|---|---|
| Monday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Tuesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Wednesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Thursday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Friday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Saturday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Sunday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Weekly Total | [X hours] | [X hours] | [X hours] |
C. Specific Violations
[Company Short Name] violated federal and Nevada wage and hour laws by:
- [ ] Failing to pay the minimum wage of $12.00 per hour required under Nevada Constitution Article 15, Section 16
- [ ] Failing to pay daily overtime for hours worked over 8 in a workday
- [ ] Failing to pay weekly overtime for hours worked over 40 in a workweek
- [ ] Misclassifying our client as exempt from overtime
- [ ] Misclassifying our client as an independent contractor
- [ ] Failing to pay for all hours worked (off-the-clock work)
- [ ] Failing to provide required paid rest breaks under Nev. Rev. Stat. Section 608.019
- [ ] Making unlawful deductions from wages
- [ ] Failing to pay all wages due immediately upon discharge
III. LEGAL ANALYSIS
A. FLSA Violations
[Describe specific FLSA violations - minimum wage, overtime, misclassification, etc.]
B. Nevada Daily Overtime Violations
Nevada law requires overtime pay at 1.5 times the regular rate for all hours worked over 8 in a workday for employees earning less than 1.5 times the minimum wage. Nev. Rev. Stat. Section 608.018. [Company Short Name] violated this requirement by [describe violation].
C. Nevada Rest Break Violations
Nevada law mandates a paid 10-minute rest break for every 4 hours worked. Nev. Rev. Stat. Section 608.019. [Company Short Name] violated this requirement by [describe violation].
D. Nevada Wage Payment Violations
[Company Short Name] violated Nevada wage payment laws by:
- [ ] Failing to pay wages immediately upon discharge. Nev. Rev. Stat. Section 608.020.
- [ ] Failing to pay wages semi-monthly. Nev. Rev. Stat. Section 608.060.
IV. DAMAGES CALCULATION
A. Unpaid Wages
| Category | Calculation | Amount |
|---|---|---|
| Unpaid Daily Overtime | [X hours] x $[regular rate] x 0.5 | $[Amount] |
| Unpaid Weekly Overtime | [X hours] x $[regular rate] x 0.5 | $[Amount] |
| Unpaid Minimum Wage | [X hours] x $[shortfall] | $[Amount] |
| Off-the-Clock Work | [X hours] x $[rate] | $[Amount] |
| Missed Rest Breaks | [X breaks] x [10 min] x $[rate] | $[Amount] |
| Total Unpaid Wages | $[Amount] |
B. FLSA Liquidated Damages
Liquidated damages equal to unpaid wages: $[Amount]
C. Nevada Waiting Time Penalties
Penalties for failure to pay wages upon termination: $[Amount]
D. Summary of Damages
| Category | Amount |
|---|---|
| Unpaid Wages | $[Amount] |
| FLSA Liquidated Damages | $[Amount] |
| Nevada Waiting Time Penalties | $[Amount] |
| Attorney's Fees (estimated) | $[Amount] |
| Costs (estimated) | $[Amount] |
| TOTAL | $[Amount] |
V. SETTLEMENT DEMAND
Based on the foregoing, we demand that [Company Short Name] pay $[Settlement Demand Amount] to settle all claims of [Client Full Name] arising from the wage and hour violations described herein.
This demand will remain open for twenty-one (21) calendar days from the date of this letter, until [Response Deadline Date].
If we do not receive a satisfactory response by that date, we will file suit without further notice in the appropriate Nevada District Court or United States District Court for the District of Nevada.
VI. DOCUMENT PRESERVATION
This letter constitutes formal notice of our client's claims and intent to file suit. [Company Short Name] must immediately implement a litigation hold to preserve all documents and electronically stored information relevant to these claims.
VII. CONFIDENTIALITY
This letter is a confidential settlement communication made in anticipation of litigation and is protected under Federal Rule of Evidence 408 and Nevada Revised Statutes Section 48.105.
We look forward to your prompt response.
Sincerely,
[Attorney Name]
[Title]
[Firm Name]
[Nevada State Bar No.]
Enclosures:
- [ ] Authorization to Represent
- [ ] Pay stubs / wage statements
- [ ] Time records (if available)
cc: [Client Name] (via email)