Nevada Overtime Laws

Nevada’s overtime laws, effective as of 2024, increased the minimum wage and changed the overtime pay requirements so that both the number of hours worked per day and the hours worked per week can be part of the overtime calculation. Employers must follow both Nevada law and the federal Fair Labor Standards Act (FLSA) when calculating overtime hours for all employees. Salaried workers may be entitled to overtime pay depending on their job description.

The Nevada Labor Commissioner handles Nevada’s minimum wage system and overtime laws. You can direct complaints and concerns to this office. Workers may also want to consult an employment law attorney.

Nevada Overtime Law

Nevada’s minimum wage is $12.00 per hour. The new law creates a split category for overtime requirements. Non-exempt employees include all full-time and part-time workers, seasonal workers, and some salaried employees who meet statutory guidelines.

Employees who make less than $18.00 per hour (1.5 times the minimum wage rate) must receive overtime pay of one and one-half times the employee’s regular rate of pay for all hours worked over eight hours in any 24-hour period and all hours worked over 40 hours in any workweek. Those making more than $18.00 per hour must receive overtime pay for all hours worked over 40 hours in any workweek.

The FLSA only requires overtime pay for hours worked over 40 hours per workweek. Neither federal law nor state law requires double time for any overtime work.

Overtime Rules, Workdays and Workweeks

Because Nevada has so many different types of shifts, the Nevada Revised Statutes (NRS § 608.0126) defines a “workday” as the 24-hour period that begins when an employee starts their shift and ends 24 hours later. The workweek can begin on any day or time, but an employee’s workweek is seven consecutive 24-hour periods (168 total consecutive hours) from their first clock-in to their last. It doesn’t matter whether they work five eight-hour shifts or four 10-hour shifts.

Overtime eligibility is based on the employee’s regular wage, total hours worked, and non-discretionary bonuses and commissions if they apply during the pay period. If an employee works more than the time allotted by their classification, the overtime rule is triggered. The daily overtime provision only applies to employees making under $18 for each hour of work.

Bonuses and Salaries

Non-discretionary bonuses and commissions are included in overtime under the federal Fair Labor Standards Act. Discretionary bonuses are not part of an employee’s expected wage and are not included.

Some salaried employees are exempt from overtime pay. NRS 608.018 explains that salary is only one factor in determining if an employee should receive overtime. Other factors include the employee’s actual job duties and FLSA regulations.

Exempt Employees

Exempt employees are not paid an overtime rate because of their job duties and base pay rates. In general, exempt employees are salaried administrative or executive workers. Overtime provisions like daily overtime pay do not apply to:

• Executives and administrators
• “Commission-heavy” employees in retail or service businesses who make more than 1.5 times the hourly wage
• Interstate rail workers, air carrier employees, and others covered by federal wage and hour laws
• Agricultural employees
• Domestic workers such as maids, nannies, or housekeepers (if they are live-in)
• Employees covered by collective bargaining agreements or employment agreements with alternative overtime wages

The state of Nevada allows workers to make other arrangements with Nevada employers for overtime pay, but employees cannot completely waive the right to overtime.

Independent Contractors and Misclassification

Independent contractors aren’t considered employees and therefore aren’t eligible for overtime pay unless their contract specifically includes an hourly rate and overtime pay. In most cases, independent contractors will not have wage-and-hour disputes involving overtime pay.

Some employers misclassify employees as independent contractors to avoid paying health benefits, payroll taxes, and overtime. Nevada labor laws prohibit misclassifying an employee as an independent contractor for any reason. Employees can file a complaint with the Nevada Office of the Labor Commissioner and request a hearing for any unpaid wages and overtime.

Get Legal Advice From a Nevada Employment Law Attorney

Nevada wage-and-hour laws cover all elements of your work, pay, schedules, and benefits. If you have issues regarding unpaid overtime compensation, missing rest breaks, or irregular work schedules, consider speaking with a Nevada employment law attorney. They can review your situation, explain your options, and help you file a complaint and take other necessary legal action.