Employment Attorney for Employees in Nevada and California

Both states follow at-will employment, so most employees can be let go without a stated reason. In California, at-will employment is set by statute (Lab. Code 2922); in Nevada, it comes from court decisions. A firing is unlawful when it is based on a protected trait such as race, color, sex (including pregnancy), sexual orientation, gender identity, age, religion, disability or national origin, when it punishes protected activity such as reporting discrimination, wage violations or safety concerns, or when it breaks an employment contract.

It depends on the state and the claim. In Nevada, discrimination, harassment and retaliation charges generally must be filed with NERC within 300 days (NRS 233.160) or with the EEOC within 300 days (42 U.S.C. 2000e-5(e)(1)). In California, FEHA complaints to the Civil Rights Department generally must be filed within three years (Gov. Code 12960), and an EEOC charge generally within 300 days. FMLA lawsuits generally must be filed within two years, or three if the violation was willful (29 U.S.C. 2617). Wage claims and other retaliation claims have their own deadlines, so speak with an attorney as soon as possible.

Nevada's minimum wage is $12.00 an hour as of July 1, 2026. Overtime is due after 40 hours a week, and employees paid under $18.00 an hour also earn daily overtime after 8 hours in a 24-hour period. California's statewide minimum wage is $16.90 an hour in 2026; some cities and industries require more. California requires overtime after 8 hours in a day or 40 hours in a week, and double time after 12 hours in a day.

A lawyer is not required, but employers usually have one. The facts and claims in your agency filing can limit what you raise later in court, so getting advice before you file protects your case.

Depending on the claim and the state, recovery may include back pay, front pay, emotional distress damages, punitive damages in cases of malice, statutory penalties, and attorney's fees and costs. Federal Title VII compensatory and punitive damages are capped by employer size (42 U.S.C. 1981a(b)(3)). California law provides additional wage penalties, such as premium pay for missed breaks and waiting time penalties for late final pay.

Write down each incident with dates, keep emails, texts and schedules, report through your employer's process if it is safe, and keep a copy of your report. Talk to an attorney early. Retaliation is a separate claim even if your original complaint is not proven.

Yes. In Nevada, employers with 15 or more employees must reasonably accommodate pregnancy, childbirth and related conditions unless it causes undue hardship, and cannot retaliate for a request (NRS 613.4353 to 613.4383). In California, employers with 5 or more employees must provide reasonable accommodation and up to four months of pregnancy disability leave (Gov. Code 12945). Federal law also prohibits pregnancy discrimination (Title VII as amended by the Pregnancy Discrimination Act) and requires employers with 15 or more employees to accommodate known limitations (Pregnant Workers Fairness Act).

Yes, in both states. Nevada defines race to include traits associated with race, including hair texture and protective hairstyles (NRS 613.310). California's CROWN Act does the same under FEHA (Gov. Code 12926(w), (x)). Federal race claims can also be brought under Title VII and 42 U.S.C. 1981.

No. The federal FMLA gives up to 12 weeks of job-protected leave to employees with 12 months of service and 1,250 hours in the prior year, at worksites where the employer has 50 or more employees within 75 miles (29 U.S.C. 2611, 2612). California's CFRA gives up to 12 weeks to eligible employees of employers with 5 or more employees (Gov. Code 12945.2). Interfering with leave, or disciplining, demoting or firing someone for taking it, is illegal under both laws.

Yes. We provide consultations and case updates in English and Spanish for employees in Nevada and California.

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