In Nevada, employers must adhere to specific regulations regarding payroll deductions. Here’s what you need to know:
Authorized Deductions
Employers are permitted to deduct certain amounts from an employee’s paycheck without explicit authorization. These include deductions required by law (such as taxes and child support) and contributions to benefit programs (like health insurance and pension plans).
Restrictions on Other Deductions
Deductions for reasons beyond those mandated by law must meet specific criteria. Nevada law requires:
- A reasonable belief that the employee is responsible for the deduction.
- Clear specifications regarding the purpose, pay period, and amount of the deduction.
- Written authorization from the employee.
Prohibited Practices
Blanket authorizations for future deductions are not allowed under Nevada law. Employers should not rely on generic language in employee handbooks to justify deductions without explicit written consent. If deductions are made without proper authorization, employers may face penalties.
In cases where written authorization is lacking, employers must resort to legal action to recover amounts owed.
Federal Law Considerations
The Fair Labor Standards Act (FLSA) sets additional restrictions on deductions. Deductions that would reduce an employee’s pay below minimum wage or fail to meet specific criteria outlined by the FLSA are not permissible.
For exempt employees, federal law only allows full-day deductions to be made in seven very limited circumstances:
- When an employee is absent from work for one or more full days for personal reasons other than sickness or disability
- For absences of one or more full days due to sickness or disability if the deduction is made in accordance with a bona fide plan, policy or practice of providing compensation for salary lost due to illness
- To offset amounts employees receive as jury or witness fees, or for temporary military duty pay
- For penalties imposed in good faith for infractions of safety rules of major significance
- For unpaid disciplinary suspensions of one or more full days imposed in good faith for workplace conduct rule infractions
- In the employee’s initial or terminal week of employment if the employee does not work the full week
- For unpaid leave taken by the employee under the Family and Medical Leave Act (FMLA)
Employers grappling with payroll deduction complexities can turn to resources like the Nevada Association of Employers (NAE) for guidance. NAE offers a sample payroll deduction authorization form on our Member Portal. NAE members who receive a claim as a result of an unlawful deduction can utilize legal services, at member-friendly rates, to assist with navigating the administrative process.
