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  • jrfisher
    started a topic Demotion Nevada

    Demotion Nevada

    I have an employee that was demoted in August from Table Games Supervisor to Dealer tell me today that he talked to the NLRB this week and was told when we (the company) demote an employee that we have to give that employee a 7 day notice that they are being demoted and because we did not give him that 7 day notice we owe him for his Supervisor salary for that one week. I can not find anywhere that this is true. Would you please help me with the information. Thanks

  • cbg
    replied
    It would appear that the issue here is not with the NLRB but with the Nevada DOL. There are a few states which require a certain amount of notice before a pay reduction; evidently Nevada is one of them. I can think of a couple of others.

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  • TheRed
    replied
    The law in question cares not about the changing job duties, only that pay decreased. If you didn't give 7 days notice of the pay cut, then you would be out of compliance. If the notice of demotion didn't esxplicitly discuss pay it wouldn't count as notice for NRS 608.100

    No you can not deduct tokes (tips) from his pay. That would also be a violation of NRS 608.100

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  • jrfisher
    replied
    Update to this thread

    I spoke with the Nevada Labor Commissioner and was told that this falls under the statute NRS 608.100... and was told that for no matter what reason we had to give the employee 7 day written notice and if we didn't there would be a penality (back to the day they were demoted)... The employee was give written notice just not 7 days... He sign a his discussion which noted he was told he was being demoted to dealer.
    So are they saying we cannot decrease their wages for the job they were hired for without giving them a 7 days notice. But in the case of a demotion, they are doing a different job and they do not have to accept the demotion.

    Also regarding penalities... If we are penalized and he was making tokes during that 7 days he wants the Supervisor pay... can that be deducted from the wage he would have made as a Supervisor???

    NRS 608.100 Unlawful decrease in compensation by employer; unlawful requirement to rebate compensation; prerequisites to lawfully decreasing compensation.
    1. It is unlawful for any employer to:
    (a) Pay a lower wage, salary or compensation to an employee than the amount agreed upon through a collective bargaining agreement, if any;
    (b) Pay a lower wage, salary or compensation to an employee than the amount that the employer is required to pay to the employee by virtue of any statute or regulation or by contract between the employer and the employee; or
    (c) Pay a lower wage, salary or compensation to an employee than the amount earned by the employee when the work was performed.
    2. It is unlawful for any employer to require an employee to rebate, refund or return any part of the wage, salary or compensation earned by and paid to the employee.
    3. It is unlawful for any employer who has the legal authority to decrease the wage, salary or compensation of an employee to implement such a decrease unless:
    (a) Not less than 7 days before the employee performs any work at the decreased wage, salary or compensation, the employer provides the employee with written notice of the decrease; or
    (b) The employer complies with the requirements relating to the decrease that are imposed on the employer pursuant to the provisions of any collective bargaining agreement or any contract between the employer and the employee.
    [1:89:1943] + [2:89:1943] + [3:89:1943](NRS A 1967, 622; 2003, 795)

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  • Beth3
    replied
    That's correct, Morgana. And the NLRB wouldn't even have anything to do with demotions in a unionized workplace unless that's a condition that was negotiated and specified in a CBA and the employer violated the terms.

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  • Morgana
    replied
    Ok, DAW is correct. However, I dont believe the NLRB has anything to do with the process of demotions in a non-unionized firm.

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  • DAW
    replied
    Originally posted by Morgana View Post
    The NLRB oversees organized labor so unless you have a union, they have no authority over you.
    That is not entirely true. For example, if an employer were to fire several employees for discussing their salaries, the National Labor Relations Act considers that to be protected speech, even if there is no labor union, and claims could indeed be filed with the NLRB. And companies with no unions could in theory have employees taking organizing actions that could fall under the NLRA.
    http://www.nlrb.gov/Workplace_Rights...ctivities.aspx

    However, if we are only talking about the OP's original question, then I agree that the employee is "blowing smoke". The action described would fall under the juristication of federal and state DOL (if anybody).

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  • Morgana
    replied
    The NLRB oversees organized labor so unless you have a union, they have no authority over you.

    And, if you do have a union, whether or not someone could be demoted without notice would be governed by the CBA so I think your employee is blowing smoke.

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  • Beth3
    replied
    That's complete nonsense. Tell the employee you'll be happy to reconsider the decision/pay situation as soon as he gives you the appropriate legal citation showing that the National Labor Relations Act (the law the NLRB oversees) requires this.

    Some State's wage and hour laws require advance notice of a pay cut before the employee starts working any hours at the reduced wage but that's it.

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