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Repayment of Reseve Account? Nevada

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  • Repayment of Reseve Account? Nevada

    My last employer took 10% of our wages from our checks and held it in a reserve account to cover products that might be returned that we sold. I was told that 180 days after termination we could request an accounting of this reserve and be paid the balance. Of course now that I've been gone for well over 180 days I've requested this reserve accounting NUMEROUS times and have been ignored or given the runaround and I'm fed up. Is this correct, and is there any laws in Nevada that address this issue? Any help would be appreciated.

    Thanks in advance.

  • #2
    Short answer is to file a wage claim with whatever NV calls it department of labor. It works or it does not. The longer answer would be to take a hard look at all agreements and find out exactly which laws have been violated. This may be less obvious then it sounds. For example, if I pay Bob minimum wage, then I mostly have meet the federal requirements. State requirements vary from state to state, and the exact nature of the compensation agreement can and does effect the requirements. If for example I wrote a compensation plan affecting you, I would pay you minimum wage (assuming that you were not somehow exempt from MW requirements), and then I would take a very hard look at exactly what NV rules (which I do not actually know) on commission payments. As long as any MW/OT requirements are meet, there is at least some possibility that making the additional commission payments conditional are legal.

    Since we are looking at a "maybe" depending on the exactly wording of the commission agreements (which I have not read) plus the exact working of NV commission law (which I do not know), this is not automatic. Filing a wage claim puts the legal burden of proof on the employer to defend their actions without costing you anything up front.

    Alternatively, you can pay a local attorney to review your documents in comparison to NV commission law who can then give you a more focused answer.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)