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

Where does NAE find official, up-to-date information on Nevada State labor laws?

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

What is the current minimum wage?

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.

When must an employer pay overtime?

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.

For purposes of Nevada law, a workday is defined as a period of 24 consecutive hours which begins when the employee begins work.

What is the rate of pay for overtime?

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.

 

 

 

Are employers required to give their employees rest 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.

Are employers required to give their employees lunch breaks?

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.

Are there are exceptions to the rules regarding meal and/or rest periods?

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.

What is meant by “exempt” and “non-exempt”?

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.

    Nevada State Labor Laws Regarding Termination or Resignation

    How soon must an employer pay an employee who is discharged or laid off?

    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.

    How soon must an employer pay an employee who quits or resigns?

    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.

    Does an employer have to pay an employee unused vacation or other accrued leave upon termination of employment?

    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.

    What is meant by “employment-at-will”?

    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.

    What is meant by “right to work”?

    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.

    Nevada State Labor Laws Regarding Paid Leave

    Are employers required to provide 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.

    Is an employer required to allow employees to leave work to vote?

    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

    Is an employer required to give employees time off for jury duty?

    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).

    Is an employer required to give employees time off to attend school conferences?

    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.

    Is an employer required to give employees time off when they have been summoned to attend a court proceeding?

    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.

    Nevada State Labor Laws Regarding Workplace Safety

    What is required of employers to ensure occupational safety of their employees?

    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.