Legal Representation in Nevada, California, New York, New Jersey, Pennsylvania, and Nationwide


  • Non-payment of overtime is a huge problem in the United States. It is estimated that 70% of employers in the United States fail to pay legally required overtime pay or fail to pay workers the full and proper overtime wages they are owed.

  • Workers cannot legally agree to give up their right to overtime pay. Employers are not allowed to simply decide whether a worker is entitled to overtime pay or whether a worker will be an "independent contractor."

  • Even if you signed a written agreement allowing your employer to not pay you overtime, or to only pay you a portion of your overtime, that agreement is not enforceable if federal law says you are entitled to overtime pay.

  • Under federal law, when  non-exempt workers work in excess of 40 hours in a workweek, they are entitled to be paid time and one half their "regular hourly rate" for each hour over 40.  Typically, a worker's regular hourly rate is the hourly rate at which an employer agrees to regularly pay the worker. 

  • In some instances, workers are paid on a commission basis which fluctuates, or "by the piece," in which a worker earns varying compensation for performing various "pieces" of work.   Often these employees are entitled to overtime wages for hours worked in excess of 40 in a week and it is the employer's obligation to ensure that the employee's "regular hourly rate" is determined (this is done by dividing the total compensation earned by the employee for that week by the hours of work performed that week) so that proper overtime wages may be paid. 

Our office handles cases for workers who have not been properly paid for their work. The most common cases we handle involve a failure to pay overtime, meaning extra time and one-half pay, for work over 40 hours per week. Our office also handles claims for unpaid minimum wages, unpaid commissions, and unpaid prevailing wages (typically union wages owed to workers on government construction projects or who work providing security, maintenance, or janitorial services at government buildings). We also handle claims for other forms of unpaid, but earned, compensation. One common situation we handle is when an employer fails to pay for all time worked. Often employers will require employees to work additional unpaid time "off the clock" during their meal breaks, or to attend meetings or conduct other activities before or after their regular work shifts. Even though such amounts of time may be small, perhaps as little as 5 or 10 minutes a day, over the course of weeks, months, and years, the employee may be owed a substantial amount of money.


  • Prevailing wages are wages set by various government agencies for government construction projects or when other services are provided at government buildings. Prevailing wages are typically at the same level as the wages set by the construction trade or service employees' union. 

  • For example, in some areas of the country, the prevailing wage for construction laborers or janitors may be $20 or $25 an hour or higher, even though many non-union construction laborers and janitors are paid substantially less than that amount. Contractors on prevailing wage jobs will sometimes pay workers far below the required prevailing wage amount.

  • When this happens the worker is often entitled to sue in court to collect the difference between the wage he was paid and the required prevailing wage rate.

  • Often, workers are unaware that they are even entitled to be paid prevailing wages because they work for a subcontractor on the project, and not the general contractor.  At times, we have even seen instances where subcontractors "certify" to the general contractor that they are paying their workers the prevailing wage when they are not.

  • If you have performed construction work or other work on government projects (such as military bases, schools, highways, public buildings) and are unsure whether you were paid the proper prevailing wages, contact our office to learn about your rights to recover unpaid prevailing wages. 

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Leon Greenberg Attorney at Law
2965 South Jones Boulevard # E-3
Las Vegas, Nevada 89146
(702) 383-6085

 The views expressed on this website are those of the above attorney and constitute opinions on the law based upon such attorney's education and experience.  None of the information set forth on this page should be considered legal advice and no attorney-client relationship is formed by reading this page. Before taking action on any legal rights you may have you should always consult with an attorney about your particular situation and not rely solely on information from this website or from any other source. If they lose their case, contingency fee clients may be liable for the opposing parties' costs, and if they brought a claim without any reasonable basis contingency fee clients may be liable for the defendant's attorney fees. Past results do not guarantee, warrant, or predict future cases. This is an advertisement.

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          MINIMUM WAGE

  • Almost all workers, under both federal and Nevada law, are entitled to a minimum wage.  Under federal law, the current minimum wage is $7.25 per hour.  Many states, such as Nevada, impose a higher minimum wage than the federal law, and workers in those states must be paid the higher minimum wage.   

  • The current minimum wage in Nevada is $9.75 per hour unless the employer offers free or low cost medical insurance to the worker and the worker's family.  If that insurance is offered, the Nevada minimum wage is $8.75 per hour.

  • Many Nevada workers may not know if their employer is violating the minimum wage law by failing to pay $9.75 an hour. A Nevada employer who wants to pay a full time worker, working 40 hours a week, only $8.75 an hour cannot charge that worker more than $151.55 per month (or about $69 per bi-weekly paycheck) for health insurance coverage.  That health insurance must also cover both the worker and their dependents (meaning spouse and children).  Employees on a "waiting period" (often during their first 60 days of employment) to become eligible for health insurance benefits must be paid at least $9.75 per hour during that waiting period.

  • In Nevada, the minimum wage must be paid from the employer without considering any tips earned by the employee. A Nevada employee earning hundreds of dollars per week in tips must still be paid at least $9.75 or $8.75 per hour by their employer. 
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