I’m not sure if you can help me but…. I have an employee who owes us money for a payroll advance but I need to fire and give his final pay which is less then what he owes. Can I take all of his pay? He will still have an outstanding balance of which I intend to write off. Can you tell me if it is legal? We are in Nevada.

This is not the answer you are hoping for, I’m sure. But, you cannot deduct the money from his final pay. In order to deduct any amount at all, you would need his signature on an authorization. Even then you cannot reduce him below Nevada minimum wage of $8.25 / hr. Hopefully, he will be honest and pay. Your only other option is small claims court.

Here is a great article with links to Nevada law https://piccololawoffices.com/can-a-nevada-employer-deduct-wages-from-an-employees-paycheck/

I hope this helps. Please let me know if you have other questions.

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October 2018

deductions