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Nevada State Labor Laws
Nevada Association of Employers is your all-in-one comprehensive resource for any and all questions you may have regarding Nevada state labor laws. While our staff of HR and legal consulting experts are on hand to assist our members over the phone and via email, we’ve also compiled a list of commonly searched Google inquiries. Browse the questions below to see if your query is included. If not, or if you’d like more information, email info@nevadaemployers.org
NAE keeps up-to-date on all the latest information on changing laws and regulations that effect Nevada employers straight from sources like the Department of Labor and the Nevada Labor Commissioner. We keep our members informed through newsletters, informative articles and this website. We pride ourselves on making sure that we are sending out relevant information in a way that is accessible and understandable. Subscribe to our newsletter to stay informed.
Nevada State Labor Laws Regarding Compensation
Employers and employers frequently inquire about minimum wage rates. It is important for businesses to stay up to date. The current national minimum wage, which hasn’t changed since 2009, is currently $7.25 per hour. However, As of July 1, 2024, the Nevada minimum wage has increased to $12.00 per hour.
Federal law requires overtime pay only when an employee works more than 40 hours in a workweek. Nevada law requires overtime pay after 40 hours in a workweek and after 8 hours in a workday.
When an employee earns less than 1.5 times the minimum wage rate, the employee must receive 1.5 times his or her rate of pay whenever he or she works more than 40 hours in any scheduled week of work, or more than 8 hours in any workday (“daily overtime”) unless by mutual agreement the employee works a scheduled 10 hours per day for 4 calendar days within any scheduled week of work (a “4-10s” schedule). When an employee earns at least 1.5 times the minimum wage rate, the employee must receive 1.5 times his or her rate of pay whenever he or she works more than 40 hours in any scheduled week.
Beginning July 1, 2024, employees making less than $18.00 per hour will be entitled to overtime after 8 hours in any workday or 40 hours in a workweek. Employees making at or above that threshold are only entitled to overtime when they work more than 40 hours in a workweek.
Without specific authorization from the employee, employers may make deductions from an employee’s paycheck for (1) any amount required by law (i.e. taxes, child support, etc.) and (2) contributions to a benefit program (i.e. health insurance, pension plan, etc.).
In order to make other deductions from an employee’s paycheck, the following conditions must be met:
- The employer has a reasonable basis to believe the employee is responsible for the amount to be deducted.
- The deduction is for a specific purpose, pay period/date, and amount.
- The employee voluntarily authorizes, in writing, the employer to deduct the amount from their wage.
Nevada law specifically prohibits the use of a blanket authorizations made in advance to withhold any amount from wages due to the employee.
Wages must be paid at least semi-monthly (twice per month). Nothing prohibits employers from paying more frequently.
No. Nevada law does not allow tips to be applied as credit toward the requirement to pay minimum wage.
Yes, however, employers must provide written notice of the decrease no less than 7 days before the employee performs any work at the decreased wage, salary, or compensation.
No. Nevada law requires that all uniforms or accessories distinctive in style, color, or material shall be furnished, without cost, to employees by their employer.
Employers with 50 or more full-time employees are required to offer health insurance options to their employees, and may face penalties if they don’t. The insurance must meet minimum requirements for coverage and affordability, including extending coverage to dependents. Smaller companies with fewer than 50 full-time employees may offer benefits voluntarily.
Nevada State Labor Laws Regarding Breaks
Yes. Nevada law requires employers to permit their employees to take at least one (1) paid 10-minute rest period for every 4 hours worked, or major fraction thereof. No rest period is required for employees who work less than 3.5 hours. Please refer to the chart below in determining how many rest periods an employee is entitled to based on the number of continuous hours of work.
| Number of Continuous Hours Worked** | Number of Required Rest Periods |
|---|---|
| Less than 3.5 hours | No rest period required |
| At least 3.5 hours, but less than 7 hours | One 10-minute rest period |
| At least 7 hours, but less than 11 hours | Two 10-minute rest periods |
| At least 11 hours, but less than 15 hours | Three 10-minute rest periods |
| At least 15 hours, but less than 19 hours | Four 10-minute rest periods |
**An unpaid meal period is not considered when determining the number of hours worked by an employee for the purposes of rest periods.
Yes. In the state of Nevada, an employer shall not employ an employee for a continuous period of 8 hours without permitting the employee to have an uninterrupted meal period of at least 30 minutes. Meal periods may be paid or unpaid.
Yes. An employer is not obligated to provide meal or rest periods as outlined above in two situations:
- Where only one person is employed at a particular place of employment
- For employees within the provisions of a collective bargaining agreement (CBA)
NOTE: An employee may voluntarily agree to forego any rest period or meal period. The employer has the burden to prove the existence of such an agreement.
Let’s keep it simple – unless an employee meets the requirements for exemption under the Fair Labor Standards Act (FLSA), they are considered non-exempt. Non-exempt employees must be paid at least minimum wage for all hours worked and overtime when overtime is worked.
Exempt employees are, as the name suggests, exempt from both the minimum wage and overtime requirements under the FLSA. To qualify for exemption, employees must meet certain tests regarding their job duties and salary.
- Salary Test: Employees must be paid on a salary basis at not less than $844 per week ($43,888 annually).
- Job Duties Test: There are seven classes of potentially exempt employees outlined in the FLSA: executive, administrative, learned professionals, creative professionals, computer, outside sales, and highly compensated. Each class has its own requirements that must be met in order to be deemed exempt. Job titles do not determine exempt status.
Labor Laws Regarding Termination or Resignation
Whenever an employer discharges an employee, the wages and compensation earned and unpaid at the time of such discharge shall become due and payable immediately. However, payment is not considered late and employers are not penalized until 3 days after the wages or compensation becomes due.
Whenever an employee resigns, the wages and compensation earned and unpaid at the time of his/her resignation must be paid no later than the day on which he/her would have regularly been paid or within 7 days, which ever is earlier.
No. Nevada law does not require employers to pay any unused vacation, sick leave, PTO, or other accrued leave upon termination of employment. However, employers can choose to do so by policy.
Employment-at-will is a doctrine or philosophy which maintains that either the employer or employee may terminate the employment relationship at any time, for any reason or no reason at all, with or without notice.
Nevada is considered an employment-at-will state. However, employers should use caution when applying this doctrine with current or prospective employees, as it may conflict with progressive disciplinary policies or past practices, or conflict with anti-discrimination employment law or contractual laws.
Right to work laws prohibit any person from being denied the opportunity to obtain or retain employment because of non-membership in a labor organization. Nevada is a right to work state.
Labor Laws Regarding Paid Leave
Yes. Nevada employers must follow Nevada paid leave laws. As of January 1, 2020, employers with 50 or more Nevada employees must provide 0.01923 hours of paid leave for each hour of work. This leave must be provided to all scheduled employees (full-time and part-time), but does not include temporary, seasonal, or on-call employees. This paid leave can be used for any reason, such as personal leave, holiday leave, medical leave, or bereavement leave, and must be available for use beginning on the 90th day of employment.
There are additional unique caveats for medical leave, which is outlined in the Medical Leave Act.
Yes. mandatory paid leave laws require employers to provide employees with sufficient time off to vote if it is impractical for them to do so before or after work. This leave must be paid and the employee cannot be disciplined, discharged, or otherwise penalized for taking leave to vote.
Sufficient leave time for voting is defined based on distance between the employee’s place of employment and the employee’s designated polling place between the employee’s place of employment and the employee’s designated polling place.
| Distance Between Work and Polling Place | Amount of Time Off to Vote |
|---|---|
| 2 miles or less | 1 hour |
| More than 2 miles, but less than 10 miles | 2 hours |
| More than 10 miles | 3 hours |
Yes. It is illegal for an employer to discharge, or threaten to discharge an employee as a consequence of his/her service as a juror or prospective juror. Although an employee’s position and benefits must be maintained, an employer is not required to pay wages during his/her service as a juror or prospective juror.
An employer may not require the employee to use sick leave or vacation time for the period of jury service. Further employers cannot require the employee to work: (1) within 8 hours of when the employees is to appear for jury duty; or (2) return to work between 5pm on the day of jury service and 3am the following day if their service has lasted for 4 hours or more (including commuting time).
Yes. It is unlawful for an employer to terminate or threaten to terminate the employment of a person who, as the parent, guardian, or custodian of a child, either appears at a conference requested by an administrator of the school or is notified of an emergency regarding the child.
Additionally, employers with 50 or more employees must grant 4 hours of leave per school year, per child, to parents, guardians, and custodians of children to participate in certain school activities. Those activities include, parent-teacher conferences, school-related activities during school hours, school-sponsored events, and volunteering or involvement in school activities during regular school hours.
Yes. It is unlawful for an employer to terminate or threaten to terminate the employment of a person who is a witness or who has received a summons to appear as a witness in a judicial or administrative proceeding.
Labor Laws Regarding Workplace Safety
Nevada employers are required to maintain a workplace that is free from unsafe conditions. A Nevada employer with 11 or more employees must establish a written workplace safety program. As dictated by OSHA, safety committee is required if you have more than 25 employees or if an employer’s employees are engaged in the manufacturing of explosives.
Before assigning an employee to a job, you must provide proper training in a language and format that is understandable to each employee:
- Safe use of equipment and machinery
- Personal protective gear
- Hazard recognition
- Emergency procedures
- Hazardous chemicals and substances found at the jobsite or in the workplace
You must also inform all employees of the safety rules, regulations and standards which apply to their respective duties.
