About Rory Kay
Rory Kay is a labor and employment attorney at McDonald Carano LLP in Las Vegas, handling wrongful termination, non-compete agreements, breach of executive officer agreements, and NLRB alter ego claims. He is recognized by Super Lawyers for his work in employment and commercial litigation.
Practice Overview: Employment Law in Nevada
Nevada employment law protects workers from wrongful termination, discrimination, wage theft, harassment, and retaliation. Nevada is an at-will employment state (NRS 613.040), but exceptions include federal and state anti-discrimination laws (Title VII, ADA, NRS 613.310–330), wrongful termination in violation of public policy, and breach of employment contracts. Wage disputes fall under NRS 608; Nevada's minimum wage is currently among the highest in the Mountain West. Filing deadlines are strict — EEOC charges must generally be filed within 300 days.
Frequently Asked Questions
What is wrongful termination in Nevada?
Despite Nevada's at-will employment doctrine (NRS 613.040), wrongful termination includes: firing based on a protected characteristic (race, gender, religion, disability, age, national origin, sexual orientation under NRS 613.310); retaliation for whistleblowing (NRS 613.345); violation of an employment contract; and termination that violates a specific public policy. An employment attorney can evaluate whether your termination was unlawful.
What are Nevada's wage and hour laws?
NRS 608 governs wage claims in Nevada. Employers must pay all wages when due, provide pay stubs, and maintain payroll records. Wage theft includes unpaid overtime (federal FLSA requires 1.5× for hours over 40/week), unpaid tips, and unauthorized deductions. Employees can file with the Nevada Labor Commission or sue directly in court. Nevada also prohibits retaliation against employees who report wage violations under NRS 608.017.
How do I file an employment discrimination claim in Nevada?
You must first file a Charge of Discrimination with the EEOC (Equal Employment Opportunity Commission) or Nevada Equal Rights Commission (NERC) within 300 days of the discriminatory act. After investigation, you may receive a Right to Sue letter and file a lawsuit in federal or state court. The charge-filing deadline is strict — missing it bars your claim. An employment attorney should review your situation immediately.
Can my employer retaliate against me for reporting harassment in Nevada?
No. Nevada law (NRS 613.345) and federal law prohibit retaliation against employees who report workplace harassment, discrimination, or safety violations. Retaliation can include termination, demotion, reduction in hours, unfavorable schedule changes, or hostile work environment. If you experience retaliation after reporting harassment, document everything and contact an employment attorney as soon as possible.
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