Nevada Revised Statutes 31A.120 – Prohibition against discharge, discipline or refusal to hire obligor because of withholding; liability of income payer for refusal to withhold and other improper acts
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 obligor, discharging the obligor or taking disciplinary action against the obligor. Any employer who violates this section shall hire or reinstate the obligor with no loss of pay or benefits, is liable for any payments of support not withheld and shall be fined $1,000. If an obligor prevails in an action based on this section, the employer is liable, in an amount not less than $2,500, for payment of the costs and attorney’s fees incurred by the obligor in that action.
Terms Used In Nevada Revised Statutes 31A.120
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
2. If an income payer:
(a) Wrongfully refuses to withhold from the income of an obligor as required pursuant to NRS 31A.025 to 31A.190, inclusive;
(b) Refuses or intentionally fails to deliver to the enforcing authority any money required pursuant to NRS 31A.072 or 31A.080; or
(c) Knowingly misrepresents the income of the obligor, the income payer shall pay the amount the income payer refused to withhold or refused or intentionally failed to deliver 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 payment the income payer failed to withhold income as required, refused or intentionally failed to deliver money to the enforcing authority as required or knowingly misrepresented the income of the obligor.