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Nevada has many labor laws that shape the dynamics of its workforce, ensuring fair treatment of employers and employees. As an employer, understanding these laws can help you navigate the complexities of compliance.
Similarly, employees are better able to ensure they get proper wages, hours, working conditions, and relevant benefits that come with their position if they understand the laws governing their employment in Nevada.
As part of a broader 50-state series focusing on labor laws across the U.S., this guide will focus explicitly on Nevada labor laws for employers and employees. We’ll cover all crucial aspects, including wages, benefits, hiring practices, and other helpful information.
Meals and Breaks in Nevada
Full-time employees in Nevada are entitled to a 30-minute unpaid lunch break. However, employers are required to provide these breaks only if:
- They have at least two employees in a particular location
- The employees work shifts of at least eight hours
Although employers aren’t required to compensate employees for the 30-minute break, the unpaid break must be free of work duties. Otherwise, if an employee has to work during their break, they are not considered bona fide meal breaks and should be adequately compensated for hours worked.
Nevada employers must also provide full-time employees with a paid 10-minute break for every three and a half hours worked and another 10-minute break after seven hours of continuous work.
However, these rest breaks apply only to full-time employees working at locations with more than two employees.
Exceptions to Lunch and Meal Breaks in Nevada
Despite the strict guidelines on lunch and meal breaks, there are several exceptions whereby employers are not required to provide the breaks. The exceptions fall under these situations:
- The employer has only one worker in a particular location.
- The employee agrees to forego breaks as part of a collective bargaining agreement.
- The employee voluntarily waives their right to a meal break.
- The employer is granted an exception from the labor commission after showing that business necessity far outweighs the necessity for a meal break.
Leave and Paid Time Off (PTO) in Nevada
As of January 1st, 2020, per SB 312, Nevada and Maine became the first two states in the country to require employers to provide paid leave to employees for any reason, including non-medical personal reasons.
This regulation is limited to employers with over 50 employees, with a few exceptions. The exceptions for paid leave in Nevada include:
- Temporary and on-call workers
- New employers who have been in business for less than two years
- Employers who provide more than 40 hours of paid time off annually
Accrual Rate and Cap
All private employers must provide employees with at least 0.01923 hours of paid leave for every hour of work performed. The paid leave is applicable during a benefit year, defined by law as any 365 days used by an employer when calculating the accrual of paid leave.
For instance, an employee working 40 hours a week for an entire year will accrue approximately 40 hours of leave that year. Employers can grant PTO entitlements in one of two ways:
- A lump sum at the beginning of the year
- On an accrual basis throughout the year
Nevada law doesn’t necessarily allow employers to cap an employee’s paid leave. Still, employers can cap the employee’s use of paid leave at 40 hours a year. However, employers can provide more generous PTO benefits if they choose to.
Break or Leave Type in Massachusetts
Sick Leave
Employers with more than 50 employees must offer 40 hours of paid sick leave.
Vacation Leave
Employers must provide a leave of at least an hour of paid vacation every 52 hours worked.
Family and Medical Leave
All employers in Nevada must provide employees with family and medical leave.
Jury Duty Leave
Employers should give their employees some time off to perform jury duty.
Voting Leave
Employees are entitled to paid voting time leave.
Parental Leave
Employers with up to 50 employees must provide up to four hours of parental leave.
Witness Leave
Employers must provide either paid or unpaid leave for employees summoned as witnesses.
Military Leave
Employees have the right to be granted a leave to serve in the military.
Overtime Regulations in Nevada
Nevada employers are required to pay employees for every hour of work performed. Employees who work more than 40 hours a week are entitled to 1.5 times their regular pay rate for every extra hour worked in excess of the 40 hours.
However, employees who agree to work 10 hours a day are not entitled to overtime pay, even though they worked for more than 10 hours in 24 hours. Additionally, employees who work 40 hours or less weekly are not entitled to overtime pay, even if they work on weekends and holidays.
Other workers exempt from overtime pay in Nevada include:
- Administrative, professional, or executive employees
- Railroad and airline employees
- Farmworkers
- Taxi, limo, or delivery drivers
- Domestic workers who live where they work or any domestic worker who agrees in writing to forego overtime pay
- Automobile salespeople and mechanics
How Overtime Pay Is Calculated in Nevada
Overtime pay in Nevada for non-exempt employees can be calculated in three ways:
- Hourly: 1.5 times the employee's regular pay for any hours worked more than 40 hours a week
- Salary: The total salary is divided by the number of days worked to determine the amount intended to compensate for 40 hours of work performed. Hours of work over 40 hours a week of compensation are paid at the rate of 1.5 times the employee's regular pay
- Hourly Plus Bonus and/or Commission: The total work hours are multiplied by the hourly rate, then added to the work week equivalent of the bonus or commission and divided by the total hours in a work week. The overtime pay is half the regular rate for every extra hour of work performed.
Wages and Benefits in Nevada
The minimum wage in Nevada comes down to the availability of health insurance coverage or lack thereof. For instance, if an employer provides medical coverage, they must only pay a minimum wage of $8.75 per hour. Conversely, if the employer doesn’t provide medical coverage, they must pay a minimum wage of $9.75 an hour.
These terms are meant to be revised over the subsequent years. For instance, the minimum wage for employers who provide health insurance coverage between July 1st, 2022, and July 1st, 2024 are:
- $9.50 per hour in 2022
- $10.25 per hour in 2023
- $11 per hour in 2024
Similarly, the minimum wage requirements for employers who do not provide health insurance coverage between July 1st, 2022 and July 1st, 2024 are:
- $10.50 per hour in 2022
- $11.25 per hour in 2023
- $12 per hour in 2024
Nevada Payment Frequency Laws
Under Nevada law, employers must provide compensation for their employees on a semi-monthly basis (every two weeks). However, professional, executive, and administrative employees are exempt from this law and can get their paychecks monthly.
That said, employers can have a different payroll period, provided that employees agree to the terms in writing.
Exceptions to the Minimum Wage in Nevada
Certain employment and personal statuses are exempt from minimum wage laws in Nevada. For instance, minors under 18 and employed by nonprofit organizations are exempt from minimum wage requirements during their first 90 days of employment.
Other exemptions to minimum wage requirements in Nevada include:
- White-collar employees, including bona fide administrative, executive, and professional workers
- Casual babysitters
- Agricultural workers
- Independent contractors
- Taxicab and limousine drivers
- Domestic workers who reside in households
- Outside salespeople, provided their earnings are based on commissions
Subminimum Wage in Nevada
The term subminimum wage implies that employers can pay certain employees a lower hourly wage than stipulated by law. However, the subminimum wage is also regulated by law. Subminimum wage in Nevada typically applies to certain categories of workers, including minors and people with disabilities.
Regarding the latter, employers are only allowed to pay them a subminimum wage if they obtain a certificate from the Division of Public and Behavioral Health and Human Services.
Similarly, employers can pay minors under 20 a subminimum wage of at least $4.25 per hour.
Subminimum wages in Nevada also apply to high school and college students, who must be paid an hourly rate of at least 85% of the standard minimum wage. This typically comes down to around $8.29 per hour.
According to Nevada law, anybody outside these three categories is entitled to at least a standard minimum wage. This also includes learners, trainees, apprentices, and student learners.
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Prevailing Wages in Nevada
Prevailing wages in Nevada are the wages set by law for any public work projects. These laws typically imply that the hourly and daily wage rates paid to employees must at least match the pay rate for similar jobs in the region where the work is located.
These laws apply to all public works projects wholly or partially funded by public funds and have a contract price exceeding $100,000. However, there are certain exemptions to Nevada prevailing wage laws. For instance, these laws don’t apply to:
- Contracts related to the normal operation or maintenance of the public body
- Contracts related to disaster or emergency response
- Any contracts involving railroads
- Any construction work commissioned by the Nevada System of Higher Education with an estimated cost of less than $100,000, even though the contract qualifies as a public works project
Prevailing Wage Rates in Nevada
According to Nevada prevailing wage laws, the wage rate for public works projects must not be less than the prevailing wages in the region where the work is located. These wages are typically determined through surveys conducted by the Nevada Office of the Labor Commissioner.
You can find current prevailing wages in Nevada on the Commissioner’s website. The wage rates are set in October every odd year (2023, 2025, etc.).
Hiring Practices in Nevada
Nevada is an at-will employment state. This means that employees can be terminated at any point and for any reason, provided it is not discriminatory.
This means that employers cannot fire employees based on race, physical disability, religion, nation of origin, sexual orientation, gender identity, genetic information, sex, color, and age.
Nevada also has strict right-to-work laws prohibiting employers from denying or discontinuing employment because of membership or nonmembership to a specific labor organization.
Here are other laws that govern the hiring process in Nevada:
Job Posting
All job postings in Nevada must comply with state and federal anti-discrimination laws. In job postings, it is illegal to include statements or language that discriminate against individuals based on race, color, religion, sex, national origin, age, disability, or other protected characteristics.
Additionally, while it is not mandatory, many employers include an equal opportunity employment statement in their job postings to demonstrate their commitment to fair employment practices.
Interviews
Nevada’s anti-discrimination laws also extend to the interview process. Employers are required to adhere to anti-discrimination laws. They can’t ask questions that may inquire into an applicant’s protected characteristics, including age, marital status, or religion. The questions asked should be based only on qualifications and job-related skills.
Employers must provide reasonable accommodation to persons with disabilities during the interview process. This includes everything from ensuring accessibility for interviewees to providing necessary aid.
Hiring Decisions
Employers must adhere to fair employment practices. As such, employers should make hiring decisions based on merit, qualifications, and job-related criteria. Employment decisions shouldn’t be made based on factors influenced by an applicant’s protected characteristics.
Background Checks
While not required by law, employers may consider an applicant’s criminal history during pre-employment screening. While at it, employers are allowed to inquire or obtain records about an applicant’s convictions or any other incidents the applicant is involved in within the criminal justice system, including parole and probation.
Drug Testing
Nevada doesn’t have any laws regarding drug testing of employees. However, employers are allowed to perform drug testing consistently as long as it is fair and meant to ensure that employees don’t report to work while intoxicated, consume drugs and alcohol while on duty, or unlawfully possess or use drugs while on duty.
Health and Safety Standards in Nevada
The Nevada Occupational Safety and Health Act, NRS Chapter 618, provides allocations for health protection and job safety for workers by promoting safe and healthy working conditions throughout the state.
The law’s requirements for employers and employees include:
Employers
Employers must provide safe and healthy working environments free from any known hazards likely to cause death or serious physical harm.
Employees
Each employee is required to comply with occupational and health standards. This includes all rules, standards, and regulations stipulated in the act that refer to the employee’s actions and conduct on the job.
Inspection
All Nevada workplaces must submit to compulsory health and safety inspections. The Nevada OSHA Act requires that an authorized representative of each party (employer and employees) be allowed to accompany the inspector during the inspection.
In the absence of an authorized employee during the inspection, the inspector is authorized to consult with a reasonable number of employees concerning the health and safety conditions of the workplace.
Complaints
Nevada employees, public and private, or their authorized representatives, can always file their complaints at the nearest Nevada OSHA office to request an inspection if they believe their workplace has unsafe or unhealthy conditions.
The act protects employees from discharge or discrimination for filing health and safety complaints. Employees can file a complaint at the nearest OSHA office within 30 days of an alleged discrimination. They can also file a complaint with the U.S. Department of Labor commissioner.
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💡Did You Know?
Employee Termination and Resignation in Nevada
As an at-will employment state, Nevada law stipulates that any employment relationship is presumed to be terminated at either party’s will. Employers and employees may choose to terminate their working relationship for any reason, provided that the reason for termination does not violate public policy.
Paying a Fired or Laid-Off Employee
If an employer chooses to fire an employee, they must give the employee their final paycheck immediately. The paycheck should include all the necessary wages, including any other compensation the employee has earned since their last paycheck.
However, employers may withhold a portion of the wages for tax reasons or other reasons the employee agreed to, such as healthcare payments.
Paying a Resigned Employee
If an employee decides to quit, their employer must give them their final paycheck on the next regular payday or within seven days of the employee quitting.
Like laid-off employees, the final paycheck should include all accumulated wages since their last paycheck and any other compensation the employee has earned since their last paycheck.
Nevada law does not provide any provisions for severance pay, but some employers may choose to offer it.
Unemployment Benefits in Nevada
Unemployment insurance benefits in Nevada are meant to provide temporary financial assistance to workers left unemployed through no fault of their own. However, these benefits are only available to workers who meet the state’s eligibility requirements.
To be eligible for Nevada’s unemployment benefits program, you must be a resident of the state and meet the following requirements:
- Be unemployed
- Be actively seeking work each week you are unemployed
- Earned a minimum amount of wages determined by the state's guidelines
- Worked in the state during the past 12 months
Employers looking to understand their role in the unemployment benefits process in the state can get more information from several resources, including:
Penalties for Noncompliance in Nevada
Noncompliance with Nevada labor laws can result in various penalties and fines. These penalties typically depend on the specific violation. For instance, employers who fail to comply with the state’s minimum wage laws can face several penalties, including fines for underpayment and interest on the owed wages.
Similarly, the Occupational Safety and Health Administration (OSHA) may impose fines and penalties for any employer or employee violating set laws. Employers guilty of discrimination or harassment may also face penalties, including fines and potential damages awarded to the affected employees.
That said, some compliance issues may result in more strict penalties, including jail time and heavy fines. For instance, failure to pay employee wages may result in fines and lawsuits, while violation of child labor laws may lead to fines, penalties, and even jail time.
Reporting Violations
Violations can be reported to the relevant law enforcement agency responsible for the particular law area. For instance, wage and hour violations are reported to the Nevada Labor Commissioner’s Office, workplace safety violations to the Nevada Division of Industrial Relations or OSHA, and unemployment insurance violations to the Nevada DETR.
Other Essential Information About Labor Laws in Nevada
Besides the laws mentioned above, Nevada labor laws also include several other provisions that may be applicable in certain situations. For instance, the state has strict whistleblower laws to ensure workers can exercise their legal rights without fear of negative repercussions.
Nevada employees also have a right to engage in collective bargaining as stipulated in the Nevada Local Government Employee-Management Relations Act (NRS Chapter 288).
The Bottom Line on Nevada Labor Laws
Nevada labor laws are designed to protect both employers’ and employees’ rights. Everything from wage laws to child labor laws and workplace safety laws is designed to ensure a safe working environment with proper compensation while protecting vulnerable workers like minors and people with disabilities.
Noncompliance with these labor laws can lead to severe penalties, including fines and jail terms. Therefore, it is important to stay informed to remain compliant.
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