NAC607.075. Claim for wages: Review by Commissioner; notice of claim; action by employer; issuance of determination.

     1. Upon the filing with the Commissioner of a claim for wages, the Commissioner will review the claim to determine whether to take jurisdiction of the claim.

     2. If the Commissioner, after reviewing the claim and conducting such further inquiry as he deems necessary, determines that the complainant has the ability to employ private counsel or that the information submitted with the claim is insufficient to substantiate the claim, the Commissioner may decline to take jurisdiction of the claim or may return the claim to the complainant for further information necessary to substantiate the claim.

     3. If the Commissioner takes jurisdiction of the claim, the Commissioner will issue a notice of claim for wages to the employer who is the subject of the claim and cause a copy of the notice of claim for wages to be served upon the employer.

     4. A notice of claim for wages will set forth the claim of the employee and include:

     (a) The name of the employer;

     (b) The name of the employee;

     (c) A copy of the claim for wages;

     (d) A citation to the statute or regulation alleged to have been violated;

     (e) The hourly wage or commission rate claimed by the employee;

     (f) The wages alleged to be owed to the employee;

     (g) The basis on which the wages alleged to be owed to the employee were calculated;

     (h) Any penalties proposed by the Commissioner; and

     (i) Notice to the employer that he may object to the notice of claim for wages.

     5. Upon receiving a notice of claim for wages pursuant to this section, the employer may:

     (a) If he does not object to the claim, settle the claim by forwarding to the Commissioner for disbursement to the employee the amount due the employee, including any penalties, as set forth in the notice of claim for wages; or

     (b) If he objects to the claim, provide written notice of his objection to the Commissioner within 15 days after the date of service of the notice of claim for wages. The written notice must provide the specific reasons upon which the employer is objecting to the claim and the facts that substantiate those reasons.

     6. If the employer fails to respond to the notice of claim for wages by either settling or objecting to the claim as provided in subsection 5, the Commissioner may issue a determination to the employer based on the facts as set forth in the claim. If the Commissioner issues such a determination, the Commissioner will cause service of the determination to be effected in accordance with the provisions of subsection 2 of NAC 607.065.

     (Added to NAC by Labor Comm’r by R134-03, eff. 12-4-2003)