Labor laws with your morning coffee

State law doesn't require employers to provide vacation pay, sick leave or holiday pay.

But if you want good employees in a competitive market, you offer them.

Nevada Revised Statute also doesn't require employers to pay time-and-a-half for overtime.

"Employers will make it available, and that's a competitive issue," said Michael Tanchek, a state labor commissioner, at a Carson City Area Chamber of Commerce morning seminar on wage and hour laws.

Many employers didn't get answers for their questions about specific labor situations they've encountered. Tanchek calls these "what if" questions. It's often case by case, he said. His office doesn't have jurisdiction over workers' compensation, workplace safety, discrimination issues or wrongful- discharge claims.

"I think a lot of people came with specific questions in mind, and he was more general," said Cathie Jackson, branch manager for Mortgage Options Inc.

"But it's a good thing that the chamber is covering issues like that."

It was a diverse seminar at the Brewery Arts Center performance hall.

"People came from Elko, some people were from human resources departments, from small business - it was all over the board," said Ronni Hannaman, Carson City Area Chamber of Commerce executive director

Tanchek writes opinions for judges in labor cases, and one word said by either party can change the outcome, he said.

Some interesting points in the law:

• Unless the employee is exempt, an employer must pay overtime for hours worked in a week more than 40. That means, for example, it's unlawful to make an agreement between the employer and employee to work 50 hours one week and 30 the next and not pay overtime for that first week.

• Salespeople must be paid their hourly wage, even if they are not making sales, unless they are exempt, such as outside-sales people.

• Violations of Nevada's compensation, wage and hour laws are misdemeanor offenses.

• Wages are not bonuses, profit-sharing or fringe benefits. You can't get away with not paying overtime by giving a bonus.

• Reducing an employee's rate of pay requires a written notice seven days' prior to when the reduction takes effect.

• Business enterprises with a gross sales volume of less than $250,000 are exempt from paying overtime. This exemption was a political decision made for the benefit of small, family-operated businesses, Tanchek said.

• Not all salaried employees are exempt from overtime. Exemptions are based on what the employee does, not on how they are paid, he said. Those exempt from overtime: those practicing law, those licensed or certified by the state, and those who meet the federal guidelines as executive or administrative employees.

• Employers must supply uniforms at no cost or deposit and pay for special cleaning of them.

• A half-hour lunch break is required per eight-hour shift. Employees are owed a 10-minute break for each three and a half to four hours worked.

• The most common labor violation concerns failure to keep records

For information, go to www.laborcommissioner.com.

• Contact reporter Becky Bosshart at bbosshart@nevadaappeal.com or 881-1212.