1. For the purposes of this chapter:
(a) Except as otherwise provided in paragraphs (b) and (c), the gross weekly salary or wage of an employee must be determined by dividing the employee’s gross earnings for the current calendar year as of the date the most recent writ of garnishment was issued by the total number of weeks the employee has worked in the current calendar year.
(b) If the most recent writ of garnishment was issued at the beginning of the current calendar year before an employee received any earnings in the current calendar year, but the employee received earnings in the previous calendar year, the gross weekly salary or wage of the employee must be determined by dividing the employee’s gross earnings for the previous calendar year by the total number of weeks the employee worked in the previous calendar year.
(c) If an employee has not been employed long enough to have been paid as of the date the most recent writ of garnishment was issued, or if the provisions of paragraph (a) or (b) do not otherwise apply, the gross weekly salary or wage of the employee is the anticipated gross weekly earnings of the employee as determined by his or her employer.
2. For the purpose of determining the total number of weeks an employee has worked in the current calendar year pursuant to paragraph (a) of subsection 1 or the total number of weeks an employee worked in the previous calendar year pursuant to paragraph (b) of subsection 1, if the total number of weeks is not exact, the number must be:
(a) Rounded down if the number of days the employee was on the payroll of the employer in excess of a whole week is 3 days or less; and
(b) Rounded up if the number of days the employee was on the payroll of the employer in excess of a whole week is 4 days or more.
(Added to NRS by 2017, 1964)
Structure Nevada Revised Statutes
Chapter 21 - Enforcement of Judgments
NRS 21.005 - Determination of gross weekly salary or wage of employee for purposes of chapter.
NRS 21.010 - Writ of execution: Limitations of time.
NRS 21.020 - Writ of execution: Issuance; contents.
NRS 21.025 - Writ of execution: Form on judgment for money.
NRS 21.030 - Satisfaction of judgment on joint contract.
NRS 21.040 - Return of execution.
NRS 21.060 - Execution may issue after death of party.
NRS 21.070 - Execution to issue to sheriff.
NRS 21.075 - Notice of writ of execution: Service required; form; contents.
NRS 21.076 - Notice of writ of execution: Manner and time of service.
NRS 21.090 - Property exempt from execution.
NRS 21.095 - Property exempt from execution upon judgment for medical bill.
NRS 21.110 - Execution of writ by sheriff.
NRS 21.111 - Constable authorized to act as sheriff with respect to writ.
NRS 21.118 - Levy on property of going business.
NRS 21.120 - Garnishment in aid of execution; notice of writ of garnishment; third-party claims.
NRS 21.140 - Penalties for selling without notice; defacing notice.
NRS 21.160 - Proceedings after purchaser refuses to pay amount bid.
NRS 21.180 - Delivery of personal property not capable of manual delivery; certificate of sale.
NRS 21.200 - Real property sold subject to redemption; who may redeem; redemptioner defined.
NRS 21.210 - Time and manner of redemption.
NRS 21.250 - Disposition of rents and profits.
NRS 21.270 - Examination of judgment debtor.
NRS 21.290 - Third party may pay judgment.
NRS 21.300 - Debtor of judgment debtor may be examined.
NRS 21.310 - Witnesses required to testify.
NRS 21.320 - Judge may order property applied toward satisfaction of judgment.