Question: A former employee in Nevada is now alleging we owe him overtime pay. We have no time records indicating overtime is owed and he was paid above minimum wage, but he is producing what appears to us as altered time cards. How should we respond?
Answer: Generally, in Nevada, an employer must pay time and one half of an employee’s regular wage rate whenever an employee works more than 40 hours in any scheduled workweek. In addition, employees who are paid a base rate of one and one half times the minimum wage or less per hour may be entitled to overtime if they work more than eight hours in any workday. There are a number of exemptions to this rule, and federal wage and hour rules may apply.
Since the employee was paid the minimum requirement with insurance, it appears he was properly paid for hours worked, as Nevada requires a minimum wage of $7.25 per hour with insurance, and $8.25 per hour without insurance.
Because you share that time cards were adjusted, you will want to investigate why and determine if hours are due based on any potential erroneous changes. Additionally, while we recommend you review this matter with legal counsel before responding, obtaining the specifics from the prior employee as to the reasons for his allegations may benefit you in preparing an appropriate response. For example, did he work through his lunches even though punched out, because he was expected to by his manager? Matters such as this will be difficult for you to determine through records. Our recommendation is to work with counsel to determine a response to his allegations with specific questions that will aid you in a final determination to take appropriate action, which may include paying additional monies due, or providing a certified letter explaining why you disagree with the allegations put forth.
The critical action is to take the allegation seriously and act with urgency toward resolution.