Wage Dispute And Injury

Summary

Nevada law mandates employers to pay minimum wage, overtime, and tips owed. Workers compensation is required for workplace injuries. Filing with the uninsured workers fund can cover medical expenses and lost wages if the employer lacks coverage. If suing the employer, the fund may seek reimbursement from any awarded damages. Consult Nevada agencies or legal services for guidance.

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The owner lied about having workman's comp. Told me to go to a place that didn't do workman's comp. so I went to the ER. Then he strung me along for a week telling me he was filing the claim, while I was in excruciating pain. What he really did was he opened a new policy and then lied about my injury date. I corrected this with the adjuster and sent her the C-*. they denied the claim. I spoke to a man Jesse Stephenson at the state and email him the C-* he said he would proceed with that and to get whatever medical care I needed. I checked in with him a few times but I never received any other correspondence from the state, so I reached out again and spoke to Charles E. Quintana, from the State of Nevada’s Office for Consumer Health Assistance. I explained everything I had done, and he sent me an email and said I should submit the forms, D-*, D-*, and D-* because he couldn’t see a case.

It seems you are handling both a wage claim and a workers' compensation claim in Nevada. Here’s some general guidance:

Workers' Compensation:
- Nevada law requires employers to carry workers' compensation insurance. Misrepresenting coverage may violate state law.
- Submit forms D-*, D-*, and D-* as advised by Charles E. Quintana. These forms typically address appeal or dispute resolution processes.
- Contact the Nevada Workers' Compensation Section for further assistance.

Wage Violations:
- Nevada law mandates employers to pay minimum wage, overtime, and properly distribute tips.
- File a wage claim with the **Nevada Office of the Labor Commissioner** to address unpaid wages, tips, and overtime issues.
Have you already submitted these forms or attempted to appeal the workers' compensation denial?

This was at the same time as when I had been contacted by the state wage claim investigator and she sent a message from my employer where he claimed “Attached is one of the * checks she cashed and the amounts of the * checks we agreed upon. She is asking for more money because she thinks minimum wage changed in * which is not true minimum wage changed in *. Im willing to pay what is fairly owed and will pay off the remaining balance once we’ve cleared this issue.” I responded: I strongly disagree with the statements Kris made. I did not agree to their reimbursement plan. I told Brittney wages needed to be taxed. I did not cash any checks that were not my earned regular pay. Minimum wage did change both July *, *, to $*.*, and July *, *, to $*.*, however the state will only go back two years for wage claims, as that is the Nevada’s statute of limitations. The federal government will sometimes go back 3 years if the violation is willful, as part of FLSA.

Thank you for sharing the details of your situation. Here's some general information that might help:

Wage Claims:
- Nevada's statute of limitations for wage claims is 2 years, but federal law (FLSA) may extend to 3 years for willful violations.
- Minimum wage increased to $*.* on July *, *, and will increase to $*.* on July *, *.
- Keep all documentation of hours worked, tips owed, and employer statements.

Workers' Compensation:
- If your claim was denied, submitting D-*, D-*, and D-* is crucial for appeal/dispute resolution.
- Misrepresentation of workers' compensation coverage by employers can be a serious legal violation.
Have you submitted the required forms for your workers' compensation issue or followed up with the Nevada Office of the Labor Commissioner for your wage claim?

I am asking for what I am owed. I am asking for correction to minimum wage for the hours I was paid for, payment the hours I was not paid for working, and the overtime that was never paid for. I am asking for the Tip Pool Policy be clarified, in writing, and the collection and distribution of Tip records checked by an unbiased professional, and that I am paid the Tips withheld from my checks. I ask to be reimbursed for the bank fee from my bounced paycheck. pay period *-*-* to *-*-*. Lastly, I would like interest for my wages withheld, as applicable. I do not think what I have asked for is unreasonable. The screenshot of Check #*, dated */*/*, in the amount of $*.* is my paycheck from pay period */*/* to */*/*.

Thank you for providing the details. Here’s some general guidance for your situation in Nevada:

Wage Claims:
- File a formal claim with the **Nevada Office of the Labor Commissioner** for unpaid wages, withheld tips, and overtime. Provide supporting evidence (e.g., pay stubs, tip records, employer communications).
- Keep documentation of all correspondence.

Workers' Compensation:
- Submit forms **D-*, D-*, and D-*** to appeal the denial. Follow up with the Nevada Workers' Compensation Section for updates.
- Misrepresenting workers' compensation insurance is a serious violation.
Have you formally submitted both the wage claim and workers' compensation appeal?

I did cash it as it was my regular pay for time worked. I have attached my copy of my paystub for that period and the last page of my bank statement ending */*/*, showing the deposit. I have blacked out my account number for security. I did not cash any other checks indicated in Kris’ second attachment, dated as */*/*, showing a paystub of $*.*, and then two other blank entries also dated as */*/*. I assume it is his form of recordkeeping for the tax-free reimbursement plan Brittney was trying to get me to accept. As indicated above, I picked up a check from Java Junkies after I received a message from the new manager Dustin, as I thought it was for wages lost while I am recovering. I discovered it was the first of the reimbursement checks. The check #*, dated */*/*, in the amount of $*.*. I did not cash it. I scanned it into the computer and sent it to the state informing them of what was going on.

Thank you for sharing the detailed situation. Here’s some further general guidance:

Wage Claims:
- File a detailed **wage claim** with the **Nevada Office of the Labor Commissioner**, including all evidence (pay stubs, tip discrepancies, employer communications).
- Request clarification of the tip pool policy and unpaid hours in writing.
- Interest on withheld wages may be applicable under Nevada law.

Workers' Compensation:
- Submit **D-*, D-*, and D-*** forms promptly to appeal the denial of your workers' compensation claim.
- Follow up with the **Nevada Workers' Compensation Section** and ensure all medical documentation is included.
Have you been able to confirm receipt of your documents with the relevant state agencies?

I filed with the uninsured workers fund for wages and medical bills this week as soon as I submitted the final wage report.

Thank you for sharing. Based on your update:

Wage Claims:
- Ensure your claim with the **Nevada Office of the Labor Commissioner** includes all evidence, like the final wage report, pay stubs, and tip discrepancies.
- Confirm if the wage claim covers all unpaid wages, withheld tips, overtime, and applicable interest.

Workers' Compensation:
- Filing with the uninsured workers fund is a step forward. Follow up to confirm receipt of your documents.
- Ensure all necessary forms (D-*, D-*, D-*) and medical records are submitted.
Have you confirmed that your submissions to both agencies were received and are being processed?

I have had no correspondence from the state confirming receipt, however I did email Charles E. Quintana and let him know I submitted them and he said to keep him posted and to reach out if I need help.

It seems like you've taken significant steps to address your wage and workers' compensation issues. Here’s some general guidance:
- **Wage Claim**: Follow up with the Nevada Office of the Labor Commissioner to confirm receipt of your claim. Keep detailed records of all correspondence.

- **Workers' Compensation**: Contact the Nevada Workers' Compensation Section or the uninsured workers fund to confirm receipt of your submissions and the next steps.
Have you tried reaching out to the Nevada agencies directly by phone to confirm receipt of your documents?

No but I beleive they have 30 days to respond

Thank you for sharing the details. Here's some general guidance based on your situation in Nevada:
- **Wage Claims**: Nevada employers typically have 30 days to respond to wage claims. Follow up with the **Nevada Office of the Labor Commissioner** via phone or email to confirm receipt of your claim and response timeline.
- **Workers' Compensation**: Contact the **Nevada Workers' Compensation Section** or uninsured workers fund to confirm receipt of your submissions and obtain a timeline for further action.
Have you attempted to call these agencies to confirm receipt and discuss the next steps?

No. But there were other issues I submitted that will probably require cross departmentalization. The owner and his ex-wife/manager did not manage the funds of the business well and I was asked on multiple occasions to inform them of depositing my check, or to wait so they could deposit funds. I once had my paycheck bounce and my bank put a 10 day hold on any check from them for 6 months. */*/* They claimed bank issues after their store card declined, and I questioned if my check would bounce. the manager told me to "try" depositing my check. I could not risk another hold, and the owner ended up paying me cash for the check */*/*. on */*/* the owner was in California buying a $20K new food truck he never got running.

Thank you for providing the details. Here's some general guidance based on your situation in Nevada:
- **Wage Claims**: If your employer's poor financial management caused bounced checks, include this evidence in your claim. Nevada law prohibits employers from issuing paychecks without sufficient funds. Follow up with the **Nevada Office of the Labor Commissioner** to confirm receipt of your claim.
- **Workers' Compensation**: Ensure all required forms (D-*, D-*, D-*) and supporting evidence are submitted. Confirm processing with the **Nevada Workers' Compensation Section** or uninsured workers fund.
Have you followed up with these agencies via phone or email to confirm receipt and the current status of your claims?

The owner was pocketing cash sales, and tips, and I submitted photos of the deleted orders. He was paying staff under the table, including a "friend" who was a Vietnamese refugee who had gotten out of jail. The owner had him live on his property and used him like a slave. Paying him below minimum wage. refusing to put him on payroll because of his visa and then telling him if he went to get the Visa corrected, he would get taken by ICE. The poor guy was just trying to get his life together.

Thank you for sharing these details. It seems you’ve taken substantial steps to address multiple legal and workplace issues. Here’s some general guidance tailored to your situation in Nevada:
- **Wage Claims**:
- Ensure your evidence (e.g., bounced checks, tip discrepancies, photos, and employer communications) is included in your submission to the **Nevada Office of the Labor Commissioner**.
- Nevada law prohibits employers from withholding wages or issuing paychecks without sufficient funds; this strengthens your claim.
- **Workers' Compensation**:
- Follow up with the **Nevada Workers' Compensation Section** or uninsured workers fund. Confirm receipt of forms D-*, D-*, and D-* and medical documentation.
- Employers misrepresenting coverage or coercing employees can face serious penalties under Nevada law.
- **Labor Violations (Under-the-Table Payments/Exploitation)**:
- Exploiting workers, especially through underpayment or threats, may violate labor and immigration laws. Consider reporting this to the **U.S. Department of Labor** or **Nevada Labor Commissioner**.
Have you followed up with both agencies to confirm receipt and processing of your claims?

If I sue my employer for interest on my missing wages and pain and suffering for his deception with the injury what happens?

In Nevada, here's what may happen if you sue your employer:
- **Interest on Missing Wages**: You may recover interest on unpaid wages if awarded in court, as Nevada law allows for this.
- **Pain and Suffering**: Workers' compensation generally does not cover pain and suffering. Filing a lawsuit for deception or bad faith handling of your injury may require proving intent or harm beyond workers' compensation rights.
Have you consulted an attorney to evaluate the potential for damages beyond workers' compensation?

I tried once and they didn't call for my scheduled appointment. then telemarketers called several times a day from their business Trying to get me to sign a contract. I did not even talk to a lawyer to see what I was looking at. It was obnoxious

I'm sorry to hear about your negative experience. Here's some general guidance for your situation in Nevada:
- **Interest on Missing Wages**: Nevada law allows for interest on unpaid wages if awarded by the court.
- **Pain and Suffering**: Typically not covered under workers' compensation; pursuing this may require a separate lawsuit for bad faith or intentional harm.
Consider contacting a reputable attorney or legal aid organization in Nevada. Have you tried seeking assistance from **Nevada Legal Services** or a similar organization for free or low-cost legal advice?

How will this affect the claim with the uninsured workers fund?

Filing with the uninsured workers fund should not negatively affect your claim, provided all documentation is accurate. The fund typically covers medical expenses and lost wages due to workplace injuries when employers lack proper coverage. Ensure all evidence (C-*, forms D-*, D-*, and D-*) is complete and follow up for updates.
Have you confirmed the fund received all necessary documents?

They had some contingency about me suing the owner and they take the money to replenish the uninsured workers fund.

In Nevada, if you sue your employer and recover damages for your injury, the uninsured workers fund may have a right to reimbursement from your award to cover what they paid on your behalf. This is known as subrogation. Ensure you understand how this could impact any recovery.
Have you consulted with the fund or a legal professional to clarify this contingency?

no who do I contact?

Here’s who you can contact for your situation in Nevada:

~Nevada Office of the Labor Commissioner
**Phone**: (*) *-* (Las Vegas Office)
**Website**: https://www.labor.nv.gov

~Nevada Workers' Compensation Section
**Phone**: (*) *-*
**Website**: https://dir.nv.gov/WCS

~Nevada Legal Services (for free/low-cost legal assistance)
**Phone**: (*) *-*
**Website**: https://www.nlslaw.net
Have you tried contacting these agencies for assistance or clarification?

Wage Dispute And Injury

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