The unemployment rate is the lowest in two decades, and there are currently more job openings nationwide than the number of unemployed actively seeking work. Nevada’s unemployment rate is about one percent higher than the national rate, but we’ve come a long way since the Great Recession ravaged the Nevada economy from Hawthorne to Henderson. Observers are confused as to why wages have not risen rapidly during such a strong period of work, and workers should know this is the best opportunity they have had in years to ask for a raise. As you venture into that conversation with your boss, pay attention to these four aspects of your work life to ensure you are treated fairly.
Count Your Hours
With the availability of smartphones these days, you can keep cloud-based spreadsheets of your working hours right in your pocket. This is a very good practice for hourly employees and it doesn’t hurt for salaried people either. Clerical errors or – in some workplaces – fraudulent practices can lead to small reductions in hours that can cost you in the long run. Counting your hours worked in a separate document helps guard against this potential abuse and makes it easier for you to project your income and household budget. If you believe you have been the victim of wage theft, the Las Vegas Worker Center can provide advice and referrals.
Employee or Not?
If your employer touts the advantages of being an “independent contractor,” beware. Employers often emphasize the ability to reduce labor costs and “choose your hours” when you work for them as an independent contractor. But the same employer often imposes strict requirements on the nature of your work, leaving you an employee under a different name. This has several benefits for employers: wage and hour regulations may not apply, they can get out of paying the employer’s share of federal taxes, and they can deduct the cost of benefits and workers’ compensation insurance. The so-called company of workers is funded in a variety of ways; in Nevada, employers pay insurance premiums to private companies based on number of workers, industry, and other factors. If your employer mischaracterizes you as an independent contractor, they may not pay the appropriate amount for workers’ compensation insurance. If you have a concern about workers compensation issues at your workplace in Las Vegas, contact Benson & Bingham or another leading southern Nevada workers compensation law firm for advice.
Paid Leave: Take, Don’t Leave
When you are hired, make sure that you understand how paid rest time (PTO) accumulates, whether it ends at any point, and what to do with those hours when you leave the company. You want to know this information when the relationship is positive with your employer so that, if things end badly, you will know what rights you need to defend. After years of service, some employees feel a loyalty that can prevent them from “cashing out” the paid leave they have earned. Don’t forget: paid leave is obtained as an alternative to higher wages. If your sense of duty doesn’t make you want to lose your yearly raise, don’t let it fool you into giving up the PTO you deserved! Also, make sure you understand the Federal Medical Leave Act, which generally applies to employers with 50 or more employees. These laws can protect your job if you take unpaid leave for certain family care needs. To learn more about the protection of Nevada paid leave workers, contact the Nevada Commissioner of Labor or visit workfairness.org.
Discrimination
The final area to be considered is unique to historically subordinated and marginalized groups including women and people of color: discrimination. (While federal law is changing on this topic, Nevada law provides for discrimination based on gender identity and sexual orientation). Discrimination can arise at any time during an employment relationship: hiring decisions, pay differentials, harassment and a hostile work environment, enforcement of workplace policies, allocation of promotions and other benefits, and dismissal. Several Las Vegas law firms specialize in employment discrimination cases and can advise you on fair employment matters at their offices in Henderson, North Las Vegas, and throughout Clark County.