Payroll Nevada, Unique Aspects of Nevada Payroll Law and Practice

Author: Charles J. Read

Nevada has no State Income Tax. There for there is no State Agency to oversee withholding deposits and reports. There are no State W2's to file, no supplement wage withholding rates and no State W2's to file.


Not all states allow salary reductions made under Section 125 cafeteria plans or 401(k) to be treated in the same manner as the IRS code allows. In Nevada cafeteria plans are taxable for unemployment insurance purposes. 401(k) plan deferrals are taxable unemployment purposes.


Nevada doesn't have income tax.


The Nevada State Unemployment Insurance Agency is:

Employment Security Division
500 E. Third St.
Carson City, NV 89713
(775) 687-4510
www.detr.state.nv.us/es/es_index.htm

The State of Nevada taxable wage base for unemployment purposes is wages up to $22,000.00.


Nevada has optional reporting of quarterly wages on magnetic media.

Unemployment records must be retained in Nevada for a minimum period of four years. This information generally includes: name; social security number; dates of hire, rehire and termination; wages by period; payroll pay periods and pay dates; date and circumstances of termination.


The Nevada State Agency charged with enforcing the state wage and hour laws is:

Department of Business and Industry
Office of Labor Commissioner
555 East Washington Avenue
Las Vegas, NV 89101
(702) 486-2750
http://www.laborcommissioner.com/

The minimum wage in Nevada is $5.15 per hour.


The general provision in Nevada concerning paying overtime in a non-FLSA covered employer is one and one half times regular rate after 8-hour or 40-hour week (10-hour day, 4-day week if agreed to).


Nevada State new hire reporting requirements are that every employer must report every new hire and rehire. The employer must report the federally required elements of:


Employee's name

Employee's address

Employee's social security number

Employer's name

Employers address

Employer's Federal Employer Identification Number (EIN)


This information must be reported within 20 days of the hiring or rehiring.
The information can be sent as a W4 or equivalent by mail, fax or electronically.
There is a $25.00 penalty for a late report in Nevada.

The Nevada new hire-reporting agency can be reached at 888-639-7241 or 775-684-8685 or on the web at http://detr.state.nv.us/uicont/uicont_newhire.htm


Nevada does not allow compulsory direct deposit

Nevada requires the following information on an employee's pay stub:


itemized deductions



Nevada requires that employee be paid no less often than semimonthly; FLSA-exempt employees paid by out-of-state employers can be paid monthly.

Nevada requires that the lag time between the end of the pay period and the payment of wages earned from 1st-15th, pay by end of month; 16th-end of month, pay by 15th of next month to the employee.


Nevada payroll law requires that involuntarily terminated employees must be paid their final pay immediately and that voluntarily terminated employees must be paid their final pay earlier of next regular payday or 7 days.


Deceased employee's wages must be paid when normally due to the surviving spouse or distributee after affidavit of right is shown; 40 days after death; and if the estate is not over $20,000.


Escheat laws in Nevada require that unclaimed wages be paid over to the state after one year.


There is no provision in Nevada law concerning record retention of abandoned wage records.

Nevada payroll law mandates no tip credit may be used against State minimum wage.


There is no provision in Nevada law concerning tip credits against State minimum wage.

In Nevada the payroll laws covering mandatory rest or meal breaks are only that all employees must have 30 minutes rest after eight hours of work; 10 minutes rest after 4 hours.


Nevada statute requires that wage and hour records be kept for a period of not less than two years. These records will normally consist of at least the information required under FLSA.

The Nevada agency charged with enforcing Child Support Orders and laws is:

Child Support Enforcement Program
Human Resources Division
100 N. Carson St.
Capitol Complex
Carson City, NV 89701-4717
(702) 687-4744
http://www.hr.state.nv.us/

Nevada has the following provisions for child support deductions:


When to start Withholding? 14 days after receipt of order.

When to send Payment? Within 7 days of Payday.

When to send Termination Notice? "Promptly"

Maximum Administrative Fee? $3 per payment; $2 per payment to state treasurer.

Withholding Limits? Federal Rules under CCPA.





Please note that this article is not updated for changes that can and will happen from time to time.


Charles J. Read, CPA has been in the payroll, accounting and tax business for 30 years,
the last fifteen in private practice. Mr. Read is the author of "Tax and Accounting Issues
in Forming a New Business."

To find professional payroll services at a budget price go to www.payrollonabudget.com
a paperless payroll company.

For a full service payroll bureau with CPA's on staff visit www.CustomPayroll.com .

See an excerpt of Mr. Read's interviews from William Shatner's "Heartbeat of America"
television show on the web sites linked above.


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