Upon Termination, When Is Payment Due to an Employee in Nevada?


The final payment due date for a departing employee in Nevada depends on whether the employee quit or was terminated. Employers have an obligation to pay any unpaid wages for terminated employees right away, but have more time for employees that quit. Employers that fail to pay on time can be forced to pay penalties to the departing employee.

Terminated Employees: Nevada's Office of the Labor Commissioner notes that unpaid wages for a terminated employee are due immediately. Employers in Nevada have three days to issue final payment to terminated employees.

Employees Who Quit: Employers have a little more time to produce final wages for an employee that voluntarily quits his job. Final pay for these employees is due within seven days of quitting or the day the employee would normally receive the pay, whichever is earlier. For example, say an employee quits on the 11th and he would normally receive his pay for that time on the 20th. Because that's more than seven days from the day he quit, pay is due by the 18th. However, if he would normally receive his pay for that time on the 15th, the paycheck must be issued by the 15th.

Withholding Pay: Employers are allowed to withhold state, federal and payroll taxes from an employee's paycheck. They can also deduct other withholding, such as association dues, if the employee permits it. In addition, employers might be required to withhold wages for court-ordered garnishments and deduct an extra $3 from each paycheck for doing so. However, employees are entitled to an itemized explanation of all deductions from their pay.

If an employee doesn't receive his paycheck on time, he can file a wage claim with the Office of the Labor Commissioner. Per section 608 of the Nevada Revised Statutes, wages to a departed employee continue to accrue for up to 30 days or until the employer issues the final payment.

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