Nevada Wage and Hour Laws

The state of Nevada recently abandoned both the dual minimum wage rate that provided lower wages for employees who received health insurance benefits and the practice of employers claiming tip credits. Nevada employers now pay a flat minimum wage, and employees keep 100% of their tips.

Wage and hour laws also govern hourly pay rates, overtime, vacation and meal breaks, and paid leave. Nevada labor laws are overseen by the Office of the Labor Commissioner.

Nevada Wage and Hour Laws

In 2024, Nevada eliminated its two-tier hourly wage system. The new policy does the following:

• Increased the minimum wage to $12.00 per hour with no lower tiers for trainees or disabled workers
• Eliminated tip credits and required employers to pay 100% of all tips to tipped employees
• Amended the overtime pay requirement to cover both non-exempt employees working more than 40 hours in a workweek or more than eight hours in a workday for employees making less than $18.00 per hour

The changes are considered a boon for workers.

Workdays and Workweeks

Most Nevada employment is 24-hour. Under the Nevada Revised Statutes (NRS), a Nevada workday is the 24-hour consecutive period beginning when an employee starts their shift, not a calendar day or a 24-hour period from twelve midnight to 11:59 p.m. If an employee’s shift begins at 6:00 a.m., the 24-hour period ends at 5:59 a.m. the following morning.

The “workweek” is any seven consecutive 24-hour periods that can begin on any day and any time according to the employer’s schedule. An employee’s workweek is 40 continuous hours worked, even if they work from Tuesday through Tuesday. These details matter for purposes of calculating overtime, paid leave, and vacation time, if any.

Breaks and Overtime

Nevada law requires employers to give employees a paid ten-minute rest break for every four hours worked. Shifts longer than seven hours must receive a rest period.

Employees working longer than five-and-a-half hours during a shift must receive an unpaid meal break. A meal break is only unpaid if the worker is relieved of all duties. A working lunch at a desk is considered paid time. The right to a meal break applies to salaried workers and hourly employees.

Overtime laws require:

• Non-exempt employees must earn 1.5 times their hourly rate if they work more than 40 hours per scheduled workweek, regardless of when their week begins or ends
• Non-exempt employees earning less than $18.00 per hour must be paid overtime rates if they work more than eight hours in a single workday, regardless of when their workday starts or ends

Daily overtime and break time can be waived if the employee agrees. If the employee agrees to a four-day 10-hour work schedule, the employer doesn’t have to pay overtime for the two hours per day. Collective bargaining agreements can waive or alter overtime and break schedules. Nevada law does not require double overtime.

Paid and Unpaid Leave

Employers with more than 50 employees must provide paid leave for their workers. Employees must receive .01923 hours of leave for every hour of work. The leave begins accruing from the first day of employment and must be available by the 90th day of employment.

Workers also qualify for unpaid sick leave under the Family and Medical Leave Act (FMLA). This federal law requires employers to give eligible employees up to 12 weeks of unpaid leave to care for family members with serious medical conditions, their own health problems, or to bond with a newborn infant or adopted child.

Violations and Penalties

Nevada employees are protected by both Nevada state laws and the federal Fair Labor Standards Act (FLSA). Violations of wage and hour laws, including failure to pay state minimum wages, provide breaks and meal periods, and meet overtime requirements, can result in both civil and criminal penalties.

Private employers must pay workers at least semi-monthly, although employers and employees can contract for alternate payment. When employers terminate employees, they must pay the final paycheck immediately upon discharge. If an employee resigns or quits, the final check is due on the next regular payday or seven days after resignation, whichever is sooner.

Failure to pay final wages within the legal time period violates state law. Penalties include:

• Accrual of wages at the employee’s regular rate of pay for up to 30 days
• Administrative fines of up to $5,000 per violation
• Accrued interest from the original due date at the statutory amount, usually 10%

Employees have the right to file private civil actions, including placing a lien on their employer for lost wages. Minimum wage violations can be charged as misdemeanors with possible jail sentences and additional fines and court costs.

Filing a Wage Violation Complaint

If you have a wage violation complaint or believe your employer has violated your workplace rights, you can file a complaint with the Nevada Labor Commissioner. The Labor Commissioner investigates:

• Non-payment of wages
• Violation of state minimum wage laws
• Overtime and break violations
• Wage disputes

The act or omission must have occurred within the last two years (24 months) before you filed your complaint. The Commission will not investigate any claim if:

• You haven’t asked your employer for unpaid wages. There must be a violation or dispute about your pay or hours.
• Your claim is about holiday pay, bonuses, or expenses only. The dispute must be about your regular hours worked.
• You’re a member of a union or collective bargaining unit. Unions have alternative ways to file wage disputes with employers.
• You were an independent contractor. An exception applies if your employer intentionally misclassified you as an independent contractor or forced you to file a 1099 to avoid overtime or employment taxes.

The Labor Commissioner won’t take action if you’ve already started private legal action against your employer. You may want to consult an attorney to review your case and discuss your options before filing.

Get Legal Advice From a Nevada Employment Law Attorney

Nevada minimum wage and hour laws protect workers’ pay, work hours, and overtime. They also prevent your employer from giving you an irregular schedule or claiming that your number of hours worked fell below overtime requirements. If you believe your employer is playing dice with your timecard, contact a Nevada wage and hour lawyer to get the matter corrected.