Detailed Answer
When an employer refuses to provide payroll records, you still have several ways under Nevada law to document lost wages. First, gather whatever payment evidence you can—bank statements showing direct deposits, cancelled checks, W-2 forms, pay stubs or your personal calendar tracking hours worked. These materials form the basis of your wage calculation.
If your records are incomplete, file a wage claim with the Nevada Labor Commissioner within one year of the missed payment. The Commissioner’s office can investigate and compel your employer to produce payroll data under NRS 608.040, which requires employers to keep accurate records for at least four years. See NRS 608.040 for recordkeeping requirements (leg.state.nv.us/NRS/NRS-608.html#NRS608Sec040).
If the Labor Commissioner cannot resolve your claim or you prefer civil court, you can file a lawsuit and use discovery tools. Under Nevada Rules of Civil Procedure, Rule 34 you may serve a Request for Production on your former employer to obtain payroll journals, timesheets and related documents. If they still refuse, you can move to compel production and seek court sanctions.
Alternatively, request IRS income transcripts online at IRS.gov. These show reported wages and withheld taxes and can corroborate your claims.
Finally, consider drafting an affidavit detailing hours worked and pay rates. Having multiple forms of evidence strengthens your position, whether before the Labor Commissioner or in court.
Helpful Hints
- Collect bank statements or cleared checks reflecting wage deposits.
- Download IRS wage transcripts at no charge via IRS.gov.
- Save any email, text or handwritten notes confirming hours worked.
- File a wage claim with the Nevada Labor Commissioner within one year (NRS 608.050: leg.state.nv.us/NRS/NRS-608.html#NRS608Sec050).
- Use Rule 34 of the Nevada Rules of Civil Procedure to request employer documents in court.
- Prepare a sworn affidavit detailing your lost wages and calculations.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.