Automatic Enrollment Implementation
Is automatic enrollment permissible under law?
Yes
Are automatic enrollment and automatic escalation implemented?
Wage deductions are permitted under the Nevada Administrative Code without expressly requiring employee authorization when for the purpose of making employee contributions to a benefit program, such as a retirement plan. No plans in the state currently offer automatic enrollment.
Relevant State Laws – NAC 608.160, NRS 608.110
“1. Without the written authorization of an employee, an employer may withhold from the wages due the employee: (a) Any amount required by law; and (b) Any employee contribution to a benefit program, such as health insurance or a pension plan, as permitted pursuant to NRS 608.110.
2. Except as otherwise provided in subsection 1, an employer may not deduct any amount from the wages due an employee unless:
(a) The employer has a reasonable basis to believe that the employee is responsible for the amount being
deducted by the employer; (b) The deduction is for a specific purpose, pay period and amount; and (c) The employee voluntarily authorizes the employer, in writing, to deduct the amount from the wages.
3. An employer may not use a blanket authorization that was made in advance by the employee to withhold any amount from the wages due the employee.”
“1. This chapter does not preclude the withholding from the wages or compensation of any employee of any dues, rates or assessments becoming due to any hospital association or to any relief, savings or other department or association maintained by the employer or employees for the benefit of the employees, or other deductions authorized by written order of an employee. 2. At the time of payment of wages or compensation, the employer shall furnish the employee with an itemized list showing the respective deductions made from the total amount of wages or compensation. 3. Except as otherwise provided by an agreement between the employer and employee, any employer who withholds money from the wages or compensation of an employee for deposit in a financial institution shall deposit the money in the designated financial institution within 5 working days after the day on which the wages or compensation from which it was withheld is paid to the employee.”