law

Question 1:

Nevada has a unique rule that affords SOME employees overtime on a daily basis, which is an additional benefit to the federal and state rule that hourly, non-exempt, employees are entitled to overtime for each hour over 40 in a workweek. First, tell me which employees are entitled to daily overtime. Be specific! Then, tell me in your own words how the daily overtime rule works. This is something I asked you to research.

Question 2:

Exempt employees are not entitled to a minimum wage or overtime under federal and state law. First, in your own words, identify the three requirements that must be met for an employer to classify an employee as exempt. Then, do some research into misclassification. Sometimes, employers misclassify intentionally and sometimes they do so mistakenly. Explain the common motive employers have when they misclassify intentionally and the common mistake employers make when they misclassify mistakenly. Finally, what penalties might an employer face for misclassification?

Question 3:

Many hospitality employees in Nevada are asked by their employers to be on-call for work, meaning there is no guarantee of work, only the possibility of work if the employer calls. There is legitimate debate about whether employees should be compensated for being on on-call whether they get called into work or not. Do some research into the debate. Then, tell me what factors a court may consider when faced with the argument that an employer should pay employees who are on-call. What factors weigh against paying for on-call time? What is your opinion on the subject?

Question 1:

First, explain the difference between a week and a work-week and a day and workday. Then tell me, under Nevada law, when a workweek begins and ends and when a workday begins and ends. Finally, why is it important to know when a workweek and workday begins?

Question 2:

Many hospitality employees in Nevada receive tips as part of their compensation. First, in your own words, describe the difference between: 1) tip crediting and 2) tip pooling. Then, tell me if such actions are lawful in Nevada. Locate a tipping lawsuit involving a Nevada hotel/ casino and tell me what happened. Finally, do you agree with the law regarding tips in Nevada?

Question 3:

The book describes several situations where there might be a dispute regarding the necessity of paying an employee for performing tasks. An employee might argue that she should be paid for commuting time, for example, and the employer might argue otherwise. Or an employee might argue that he should be paid during his lunch break and the employer disagrees. First, identify the various situations where such disputes arise. Second, for each situation give me an example of when an employee could successfully argue that she/he should be paid. For example, when should an employee be paid for commuting? When should an employee be paid during lunch? Etc…

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