(650) 332-8623Nevada Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2026)
Nevada labor laws 2026: minimum wage, overtime, break rules, child labor, and more. Essential compliance guide for Nevada employers.
Nevada meals and breaks
30 minutesFor lunch breaks
Nevada employees are entitled to a 30-minute unpaid meal break for any shift of at least eight hours. This exemption, for both meal breaks and rest breaks, applies only where a single person is employed at that location.
The break must be free from work duties. If an employee is required to keep working during the break, it is no longer a bona fide meal break. The employer must pay for that time.
10 minutesFor rest breaks
Nevada employers must provide a paid 10-minute rest break for every 4 hours worked, or a major fraction thereof (NRS 608.019). Rest breaks must be authorized but are not required for shifts of less than 3.5 hours total.
These rest breaks apply at any location with more than one employee. For construction contractors, even a two-person crew at a site triggers the requirement.
Nevada leave and paid time off (PTO)
All qualifying Nevada employers must provide family and medical leave under the federal FMLA. Eligible employees may take up to 12 work weeks of job-protected leave per year for:
- Employee incapacity due to a serious health condition
- Birth or bonding with a newborn child
- Caring for a child, spouse, or parent with a serious health condition
Employees caring for an injured service member may qualify for up to 26 work weeks. FMLA applies to employers with 50+ employees within a 75-mile radius. Employees must have worked at least 12 months and 1,250 hours.
The Nevada paid leave law (Nevada SB 312, effective January 1, 2020) created a single paid leave entitlement. It is not a separate sick leave and vacation policy. It is one law.
Employers with 50 or more employees must provide paid leave. It accrues at 0.01923 hours per hour worked, roughly 1 hour per 52 hours. Employees may accrue up to 40 hours per year.
Employees may use this leave for any reason. No medical reason is required. Leave becomes available after 90 days of employment.
Nevada employers must provide time off for jury duty or response to a jury summons. Employees cannot be penalized for serving.
Employees are not required to work between 5 p.m. and 3 a.m. the following day if jury duty is four hours or more.
Employers must provide up to three hours of voting leave. This applies when an employee cannot reasonably vote before or after work, based on distance to the polling location.
Employers with 50 or more employees must provide up to four hours of unpaid parental leave per child per school year for school-related activities (NRS 392.4577).
Nevada law does not mandate bereavement leave. Most employers provide it under their own policies.
Employers must provide job-protected leave for employees performing military service. On return, the employer must determine the appropriate reinstatement position.
Employees who have worked at least 90 days may take up to 160 hours of protected leave. This applies to victims of domestic violence or sexual assault. The same applies if a family or household member is a victim.
Here are state-specific labor laws for you to explore:
Nevada wages and overtime
$12.00 /hourMinimum wage
The Nevada minimum wage 2026 is $12.00 per hour, unchanged since July 1, 2024. Assembly Bill 456 increased the wage in 75-cent annual increments. The final increment took effect July 1, 2024. No increase occurred in 2025, and none is scheduled for 2026.
Nevada eliminated its two-tier minimum wage system on July 1, 2024. The $12 rate applies to all employees regardless of whether the employer offers health benefits.
1.5x hourlyOvertime rate
Nevada overtime laws use a dual trigger under NRS 608.018. Nevada labor laws overtime rules apply differently based on an employee’s hourly rate:
- Employees earning less than $18 per hour are eligible for overtime at 1.5x their regular rate. The Nevada labor laws 24-hour rule triggers after 8 hours in a single workday, or 40 hours in a week.
- Employees earning $18 per hour or more qualify for overtime only after 40 hours in a week.
The Nevada Labor Commissioner issued Advisory Opinion AO-2025-01 in January 2025. It clarifies how the daily overtime trigger applies when a crew shifts from a 4/10 schedule to a fifth day. Contractors using alternative schedules should review their payroll setup against this guidance.
The Nevada labor laws 24-hour rule was clarified in Advisory Opinion AO-2025-07 (January 2025). It clarifies how 24-hour workday periods are counted for employees whose shifts cross midnight. Crews on overnight or emergency-response schedules are directly affected.
Portal-to-Portal Act – SB 8(effective Nov 20, 2025)
The Nevada Supreme Court ruled in Amazon v. Malloy (Oct 30, 2025) that Nevada wage law did not incorporate the federal Portal-to-Portal Act’s exemptions. This created liability for pre- and post-shift activities.
The Legislature called a special session and passed SB 8 on November 20, 2025. It incorporated the Portal-to-Portal Act into NRS 608. Pre- and post-shift activities are no longer compensable time under Nevada law. The exception: Activities integral and indispensable to the employee’s principal duties still must be paid.
State-specific carve-outs remain: Employers must still pay for required trial periods and donning employer-mandated uniforms that cannot be taken home.
Construction impact: Review pre-shift safety briefings, PPE donning, and equipment checks. Confirm whether each qualifies as excludable under the PPA framework. This matters most when those activities are performed off the clock.
$684 per week ($35,568 per year)FLSA salary exemption threshold
The federal salary threshold for executive, administrative, and professional exemptions is $684 per week ($35,568 per year). This threshold has been unchanged since 2020.
The U.S. DOL’s 2024 rule would have raised this to $1,128 per week, effective January 1, 2025. The U.S. District Court for the Eastern District of Texas vacated that rule on November 15, 2024, before it ever took effect. The $684/week threshold remains the current law.
NoneMinimum tipped wage
Nevada does not allow a tip credit. Tipped employees must receive at least the full minimum wage of $12.00 per hour. Tips received are in addition to the minimum wage.
2x monthlyPay frequency
Nevada employers must pay employees on a semi-monthly basis. Professional, executive, and administrative employees may be paid monthly. Employers may use a different pay period if employees agree to it in writing.
Nevada does not permit local municipalities to set minimum wages above the state rate. The $12.00 state rate applies statewide.
The following workers may be exempt from Nevada minimum wage requirements:
- Casual babysitters
- Agricultural workers
- Independent contractors
- Taxicab and limousine drivers
- Domestic workers who reside in the household
- Outside salespeople compensated on commission
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Nevada prevailing wages
$45.24Well driller
Lowest prevailing wage base rate in Clark County. Operates drilling rigs for water wells and dewatering on public works projects.
$142.56Diver – diving (wet pay)
Highest prevailing wage base rate in Clark County. Performs underwater work on pile driving, bridge, dock, and harbor construction.
Prevailing wages apply to Nevada public works contracts exceeding $100,000 in total contract price. The contract must be funded wholly or partly by public funds (NRS 338).
2025 – 2026 rate update
New prevailing wage rates took effect on October 1, 2025, for all four Nevada regions. They remain in effect through September 30, 2026. Rates were set through the 2025-2027 Construction Wage Survey. The survey collected wage data from July 1, 2023 through June 30, 2025.
The four regions are: Clark County, Southern Nevada Rural, Washoe County, and Northern Nevada Rural. Rates vary by trade classification within each region.
Federal project alignment – April 2026
In April 2026, the Nevada Labor Commissioner and the U.S. Department of Labor agreed to adopt Nevada state prevailing wage rates for all federally funded projects. The agreement is retroactive to October 1, 2025.
Before this agreement, contractors on federally funded projects tracked two separate wage schedules. These were Nevada state rates and federal Davis-Bacon rates. The alignment eliminates that dual-rate obligation going forward.
As of March 31, 2026, Nevada had 1,948 active public works projects. Their combined estimated value exceeded $17.18 billion. Contractors bidding on federally funded Nevada projects should verify their wage schedules reflect the October 2025 state rates.
Prevailing wage exemptions
Nevada prevailing wage laws do not apply to:
- Contracts related to the normal operation or maintenance of a public body
- Contracts related to disaster or emergency response
- Contracts involving railroad work
Nevada prevailing wage resources
Rates vary by trade classification within each of Nevada’s four regions. Always pull the current-cycle PDF for your specific region before finalizing a bid.
- Clark County Region
- Southern Nevada Rural Region (Esmeralda, Lincoln, Nye)
- Washoe County Region
- Northern Nevada Rural Region
For all current and prior rate cycles: Nevada prevailing wage information
Nevada child labor laws
Under 16 years
Laws in Nevada for children under 16 years
Under NRS 609, children under 16 may generally only work in performing arts, creative, athletic, or intellectual industries. Written permission from a district court judge is required.
Weekly hour limits:
- During the school year: maximum 3 hours per school day, maximum 18 hours per week
- Outside school hours: maximum 8 hours per day, maximum 40 hours per week (reduced from 48 by AB 215)
Work hours must fall between 7 a.m. and 7 p.m. Guardians must set aside 15% to 50% of a minor’s earnings.
Federal alignment (AB 215): FLSA child labor violations involving minors under 16 now also constitute a Nevada state violation. Additional state civil penalties apply.
16-17 years
Laws in Nevada for children 16-17 years
Minors aged 16 and 17 enrolled in high school are now prohibited from working between 11 p.m. and 6 a.m. on any night immediately preceding a school day. This restriction was added by AB 215 (effective October 1, 2025).
Exceptions to the night work restriction:
- Emancipated minors
- Lifeguards
- Arcade employees
- Theatrical or stage performers
- Farm workers
School districts and juvenile courts may grant additional exemptions.
New posting requirement (AB 215)
Employers must post the Nevada Labor Commissioner’s abstract of child labor laws in a conspicuous location in the workplace. The abstract must also be accessible online via a QR code provided by the Labor Commissioner.
Here are other state-specific labor laws to look into:
Other essential Nevada labor laws
Health and safety standards in Nevada
In Nevada, employers must:
- Provide safe and healthy working environments free from known hazards likely to cause death or serious physical harm
- Comply with all NV OSHA standards, rules, and regulations
In Nevada, employees should:
- Comply with occupational health and safety standards that apply to their conduct on the job
- File complaints at the nearest Nevada OSHA office if they believe workplace conditions are unsafe. The Act protects employees from discharge or discrimination for filing complaints.
SB 260 (Chapter 499, signed June 10, 2025) requires the Division of Industrial Relations to adopt NV OSHA regulations. The regulations must protect outdoor workers from wildfire smoke exposure. This applies to employees who frequently or constantly perform critical tasks outdoors.
AQI trigger: Employers must take protective action when the EPA AQI for PM2.5 reaches 150–200. Stricter controls apply at 200 or above. The DIR must also set a threshold above which outdoor critical-task work is prohibited.
Once finalized, employers will need a written wildfire smoke mitigation program. Requirements also include air quality monitoring each shift, employee training, and a system for reporting symptoms and air quality conditions.
Exemptions: Mine operators, commercial truck drivers, emergency service providers, and employers with 10 or fewer employees. Final regulations are expected to take effect in 2026.
Once regulations are finalized, construction crews on Nevada job sites must be covered by a written wildfire smoke program. This is especially relevant for crews working in northern and rural regions.
Report health and safety violations (unsafe working conditions) in Nevada to:
Hiring and/or firing employees in Nevada
Yes. Nevada is an at-will employment state. Either party can end the work relationship at any time, for any reason. The reason cannot be discriminatory or violate public policy.
Yes. Nevada has right-to-work laws under NRS 613.250–613.300. Employers cannot deny or discontinue employment based on union membership or nonmembership.
Background checks
Nevada does not require private employers to conduct background checks. Criminal history may be reviewed during hiring. Consumer reporting agencies cannot report arrests or non-convictions older than seven years (NRS 598C.150). Convictions may be reported regardless of age.
Ban-the-box (NRS 284.281) applies to state and local government employers only. Private employers may ask about criminal history at any stage of hiring.
Credit history cannot be used in hiring decisions without specific justification (NRS 613.570).
Drug testing
Nevada does not restrict drug testing of existing employees. Employers may test. Apply it consistently and fairly.
Pre-employment marijuana screening has one key limit: employers cannot reject a candidate solely for a positive marijuana test (NRS 613.132). The exception: safety-sensitive roles, DOT-regulated positions, and federally funded jobs are excluded. Most construction field roles qualify for that exception.
Nevada prohibits employment discrimination based on race, color, sex, national origin, age, religion, sexual orientation, pregnancy, disability, and genetic information. This applies to all hiring, promotion, and termination decisions.
Anti-discrimination laws in Nevada
Employers in Nevada may not discriminate against job applicants based on:
- Race
- Color
- Religion
- Sex
- Sexual orientation
- National origin
- Age
- Gender identity or gender expression
- Disability
- Genetic information
- Criminal background
All job postings must comply with state and federal anti-discrimination laws. During interviews, employers cannot ask about age, marital status, religion, or other protected characteristics. Hiring decisions must be based on qualifications and job-related criteria.
Nevada’s Equal Rights Commission (NERC) enforces state anti-discrimination law. Effective October 1, 2025, NERC adopted the IHRA working definition of antisemitism (per SB 179) when evaluating religious discrimination complaints.
Employee resignation or termination in Nevada
Nevada at-will employment gives both parties the right to end the relationship without notice. No severance is mandated by Nevada law. Employers may set their own notice and severance policies, but those become binding once offered.
Terminations that violate anti-discrimination law are not protected by at-will status. The same applies to terminations that retaliate against protected activity or breach an employment contract.
Nevada unemployment benefits
Nevada unemployment benefits are available to workers who meet these conditions:
- Become unemployed through no fault of their own
- Are able and available to work
- Are actively seeking employment
- Earned at least the minimum qualifying wages before unemployment
Applications: Nevada Department of Employment, Training and Rehabilitation (DETR)
COBRA benefits in Nevada
Separated employees in Nevada may extend employer-provided health care coverage through COBRA. Employees and enrolled dependents have up to 18 months of continued coverage. This applies when hours are reduced or employment ends for any reason except gross misconduct.
For construction contractors, this matters when a crew member is laid off at project end. If your company offers group health coverage, you must notify separated employees of their COBRA rights. Federal deadlines apply regardless of whether the separation was voluntary.
Final paychecks in Nevada (Nevada Final Paycheck Law)
Nevada final paycheck law rules depend on how the employment ends:
- Employees who are discharged must receive their final paycheck within 3 days of termination (NRS 608.020, NRS 608.040).
- Employees who resign must be paid by the next regular payday or within seven days — whichever is earlier.
The final paycheck must include all accumulated wages and earned compensation since the last paycheck. Nevada law does not require severance pay, though employers may choose to offer it.
SB 198 would have eliminated the 3-day grace period before penalties attach for unpaid final wages. It did not pass in the 2025 Legislative Session. Current law still provides a three-day grace period before civil penalties apply.
Nevada Employee Savings Trust (NEST) Program
SB 305 (2023 session; contributions launched July 1, 2025) requires most Nevada employers to enroll workers in the NEST program. Employers without a qualified retirement plan must comply. NEST is a state-administered Roth IRA with automatic payroll deduction.
Covered employers: Private employers with 6 or more employees, in business at least 36 months, with no qualified retirement plan. Qualifying plans include a 401(k), 403(b), SEP, or SIMPLE IRA.
Employee eligibility: Employees 18 or older, employed for at least 120 days, receiving wages in Nevada. Excludes federal employees, Taft-Hartley multiemployer pension fund members, and Railway Labor Act employees.
Default contribution: 5% of wages into a Roth IRA. Employees may adjust their rate, change investment options, or opt out at any time.
Employer obligations: Register with NEST via the Nevada Treasurer’s portal; set up payroll deductions; distribute required employee informational materials. No investment management responsibility.
Registration deadline was September 1, 2025. Employers with an existing qualified plan must certify their exemption.
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Nevada recordkeeping requirements
Employers in Nevada must retain employment and payroll records under the Fair Labor Standards Act (FLSA). Required retention periods:
1 year
Employers must retain these documents for at least one year:
All employment records from the employee’s termination date
2 years
Employers must retain these documents for at least two years:
- Timecards
- Wage rates and wage rate tables
- Wage additions and deductions
- Shipping and billing records
- Job evaluations
- Collective bargaining agreements
- Seniority and merit systems
3 years
Employers must retain these documents for at least three years:
- Payroll records
- Employment contracts
- Agreements, notices, and certificates
- Sales and purchase records
- Completed copies of employees’ I-9 forms
Penalties for labor law noncompliance in Nevada
Penalties for violating Nevada labor laws vary by violation type and severity. Labor laws Nevada agencies enforce include wage, safety, child labor, and discrimination provisions.
- Minimum wage violations: Employers face fines for underpayment and interest on owed wages.
- OSHA violations: The Division of Industrial Relations may impose fines and penalties per NRS 618.
- Discrimination and harassment: Fines and potential damages awarded to affected employees.
- Nevada child labor laws violations (AB 215): Civil penalties apply for hour-limit and night-work violations. Federal FLSA child labor violations involving minors under 16 now also trigger Nevada-level penalties. Misdemeanor charges apply for posting-requirement violations.
- Wage theft and nonpayment: Fines, lawsuits, and potential jail time for willful violations.
In Nevada, labor law violations are investigated and addressed by:
The bottom line on Nevada labor laws
Nevada labor laws govern wages, overtime, breaks, child labor, workplace safety, and recordkeeping. Four changes for 2025-2026 matter most to contractors. AB 215 tightened child labor hours and night restrictions. SB 8 redrew the line on compensable pre- and post-shift time. SB 260 introduced wildfire smoke obligations for outdoor crews. The Nevada-federal prevailing wage alignment eliminated dual-rate tracking on public projects.
Noncompliance exposes Nevada contractors to fines, back-pay claims, and potential criminal penalties. The Labor Commissioner, NV OSHA, and NERC all have enforcement authority. Running crews across multiple regions adds complexity. Prevailing wage schedules, overtime triggers, and break thresholds all vary by location and crew size.
Workyard’s analysis of 280 contractor discovery calls found a clear pattern. Nearly 1 in 3 construction businesses flag labor compliance as a primary operational risk. For Nevada contractors, the daily overtime trigger is the most common payroll error. Applying only the 40-hour weekly rule to employees who also qualify for daily overtime starts the calculation wrong. Any week with long shifts compounds the exposure.
Workyard helps contractors stay ahead of it. Built for construction, it tracks time to the minute with GPS verification and applies Nevada’s daily and weekly overtime triggers automatically. Break rules are customizable at the crew level. Scheduling shows total weekly hours per worker before you assign the next shift. You control overtime before it happens, not after payroll runs.
Success in workforce management in construction stems from labor law compliance. Improve your trade business (ex. property management) efficiency using contractor scheduling software for construction HR payroll officer workflows, with featured integrations to QuickBooks and Paycor.
The Nevada minimum wage 2026 rate is $12.00 per hour. The rate has not changed since July 1, 2024, when the final increment under Assembly Bill 456 took effect. Nevada eliminated its two-tier wage system at the same time. All employees now receive the same $12.00 floor, regardless of whether their employer offers health benefits.
Nevada overtime laws use a dual trigger. For employees earning less than $18/hour, overtime kicks in after 8 hours in a single 24-hour period. This is the daily rule unique to Nevada. The 40-hour weekly trigger also applies, whichever threshold is hit first.
Employees earning $18/hour or more are only entitled to overtime after 40 hours in a week. This daily trigger is unique to Nevada and creates real payroll risk for contractors using non-standard schedules. January 2025 advisory opinions from the Labor Commissioner clarified how this rule applies to 4/10 schedules and overnight shifts.
Nevada labor laws’ breaks rules apply at any location with more than one employee. A full-time employee must receive a paid 10-minute rest break. One break is required for every 4 hours worked, or a major fraction thereof (NRS 608.019). No rest break is required for shifts of less than 3.5 hours total.
For shifts of eight hours or more, a 30-minute unpaid meal break is also required. Employees at a location with only one worker are exempt from the rest break requirement.
Yes. Nevada at-will employment means employers can terminate employees at any time and for almost any reason. Exceptions include terminations based on protected characteristics (race, sex, age, disability). Retaliation for protected activity, contract breach, and public policy violations are also exceptions.
Under the Nevada paid leave law (SB 312), employers with 50 or more employees must provide paid leave. It accrues at 0.01923 hours per hour worked, approximately 1 hour for every 52 hours on the job.
Employees can accrue up to 40 hours per year. Leave may be used for any reason after 90 days of employment. This is one entitlement, not two separate sick leave and vacation provisions.
AB 215 (effective October 1, 2025) made significant changes. Minors under 16 are now limited to 40 hours per week when school is not in session (down from 48). During the school year, the cap is 18 hours per week.
Minors aged 16-17 enrolled in high school are prohibited from working between 11 p.m. and 6 a.m. on nights before school days. Employers must post the Labor Commissioner’s abstract of child labor laws and make it accessible online via QR code.
Prevailing wage requirements apply to public works contracts exceeding $100,000 that are funded wholly or partly by public funds. New rates took effect October 1, 2025 across all four Nevada regions. These are Clark County, Southern Nevada Rural, Washoe County, and Northern Nevada Rural.
In April 2026, Nevada and the U.S. DOL aligned state rates with federal Davis-Bacon requirements, retroactive to October 1, 2025. Contractors on federally funded projects should update wage schedules to the current state rates. They no longer need to track two separate schedules.
Nevada employers must retain employment records for at least one year after termination. Timecards, wage tables, and collective bargaining agreements must be kept for at least two years. Payroll records, employment contracts, and I-9 forms must be kept for at least three years. These requirements align with federal FLSA recordkeeping rules.
Penalties vary by violation. Minimum wage violations trigger underpayment fines plus interest on owed wages. OSHA violations carry fines from the Division of Industrial Relations. Child labor violations under AB 215 carry civil penalties.
Failure to post required notices can result in misdemeanor charges. Willful wage theft can result in fines, lawsuits, and jail time. The Office of the Labor Commissioner handles most wage-and-hour complaints.
Yes. Nevada allows use-it-or-lose-it vacation policies. Employers may require employees to forfeit unused vacation time after a specified date. The policy must be clearly communicated to employees. Under SB 312, the paid leave entitlement (up to 40 hours) accrues based on hours worked.
Employers should ensure their leave policies are clearly written and consistent with SB 312’s requirements.
