Prohibition against discharge, discipline or refusal to hire employee because of withholding; refusal to withhold or misrepresentation of employee’s income; liability of employer.
1. It is unlawful for an employer to use the withholding of income to collect an obligation of support as a basis for refusing to hire a potential employee, discharging the employee or taking disciplinary action against him. Any employer who violates this section shall hire or reinstate the employee with no loss of pay or benefits, is liable for any payments of support not withheld, and shall be fined $1,000. If an employee prevails in an action based on this section, the employer is liable, in an amount not less than $2,500, for payment of the employee’s costs and attorney’s fees incurred in that action.
2. If an employer wrongfully refuses to withhold from the income of an obligor as required pursuant to NRS 31A.025 to 31A.190, inclusive, or knowingly misrepresents the income of the employee, he shall pay the amount he refused to withhold to the enforcing authority and may be ordered to pay punitive damages to the person to whom support is owed in an amount not to exceed $1,000 for each pay period he failed to withhold income as required or knowingly misrepresented the income of the employee.
Last modified: February 27, 2006