SALARIED EMPLOYEE WHO MUST "MAKE UP" LUNCHES Nevada

[LVParalegal]

I am a paralegal at a criminal defense firm in Las Vegas. I am fairly new to Nevada and this industry.

I am expected to work from 8am to 6pm and am expected to be paid under billable hours (as if I were an attorney).

I took an hour lunch a couple of weeks ago away from the office and was informed later that I needed to stay one hour late to make up the time. So, I guess we are expected to take all breaks and lunches at the office and work through them.

I read the NV labor commissioner website and it wasn't clear to me whether breaks/lunches apply to salaried folks or not.

Can someone on here tell me the deal and point to a statute.

[turbowray]

Originally Posted by LVParalegal

I am a paralegal at a criminal defense firm in Las Vegas. I am fairly new to Nevada and this industry.

I am expected to work from 8am to 6pm and am expected to be paid under billable hours (as if I were an attorney).

I took an hour lunch a couple of weeks ago away from the office and was informed later that I needed to stay one hour late to make up the time. So, I guess we are expected to take all breaks and lunches at the office and work through them.

I read the NV labor commissioner website and it wasn't clear to me whether breaks/lunches apply to salaried folks or not.

Can someone on here tell me the deal and point to a statute.

DUPLICATE POST

[Pattymd]

I didn't see this post anywhere else.

So, just in case, I'll go ahead and respond.

First of all, paralegals have been determined by the federal DOL to be nonexempt employees.
http://www.paralegals.org/displaycom...articlenbr=800
That means, even though you might be paid based on billable hours, you still must be paid overtime when required by law and your "regular rate of pay" must average, on a weekly basis, at least minimum wage (I'm sure that second part is true in your case).

So, salaried or hourly (which are merely pay methods) is irrelevant; you are nonexempt, therefore the laws requiring lunch breaks and rest periods apply to you. Having said that, though, there is nothing in the law that prohibits the employer from requiring you to "make up" the time you missed, even though that's probably not the best way to phrase it. What you're really doing is just working extra hours. But you do have to be paid for those hours.

Does this help at all?