(650) 332-8623Nevada Overtime Laws: Your Guide to Rates, Statutes, Calculations, and More (2025)
This guide has everything you need to know about Nevada’s overtime laws for 2025, including rates, thresholds, statutes, and much more.
Nevada Overtime Rates and Statutes
1.5x
Nevada's Primary Overtime Pay Rate
The overtime rate in Nevada is 1.5 times the employee’s regular pay rate. This rate applies to both scenarios of exceeding 40 hours a week and exceeding 8 hours in a 24-hour period.
8 Hours / day
Threshold to Receive Overtime in Nevada
In Nevada, overtime eligibility depends on an employee’s hourly wage and total hours worked.
Daily Overtime: Employees are entitled to 1.5x their regular pay rate for hours worked beyond the regular eight hours in a 24-hour period.
Weekly Overtime: Employees are eligible to receive overtime pay at 1.5x their regular hourly rate for hours worked beyond 40 in a single workweek, regardless of their wage.
This ensures fair compensation for extended work hours under Nevada law.
(NRS) 608.018
The Main Overtime Statute(s) in Nevada
Nevada Revised Statutes (NRS) 608.018 defines the primary overtime statutes in Nevada. This statute outlines Nevada overtime compensation requirements, including applicable conditions and exceptions.
OLC
The Office of the Labor Commissioner is Responsible for Enforcing Overtime Laws in Nevada
The Office of the Labor Commissioner, part of the Nevada Department of Business & Industry, oversees the enforcement of overtime laws in the state.
Its primary responsibility is ensuring employers comply with labor regulations, including the overtime provisions outlined in NRS 608.018. The office also resolves wage disputes, investigates employee complaints, and enforces penalties against employers who fail to comply with labor laws.
How to Calculate Overtime Pay in Nevada
Overtime pay in Nevada is calculated based on the employee’s regular pay rate, which includes hourly wages, commissions, and bonuses.
Let’s say an employee with an hourly rate of $20 renders two hours of overtime, clocking in 10 hours of work in a day. The computation of overtime will be:
- Hourly rate: $20/hour
- Hours worked in a day: 10 hours
- 8 hours regular = 8 × $20 = $160
- 2 hours overtime = 2 × ($20 × 1.5) = $60
- Total pay for the day = $160 + $60 = $220
If the same employee worked 45 hours in a week, the computation will be:
- 40 hours regular = 40 × $20 = $800
- 5 hours overtime = 5 × ($20 × 1.5) = $150
- Total weekly pay = $800 + $150 = $950
Overtime Pay for Tipped Employees
Like non-tipped employees, tipped workers in Nevada qualify for overtime pay at 1.5 times their regular rate.
Add the worker’s hourly wage to the tips received per hour (if tips are declared or recorded). For example: If the hourly wage is $10 and the worker averages $5/hour in tips:
- $10 + $5 = $15 regular rate of pay
Then, multiply the regular rate of pay by 1.5 to get the overtime rate.
- $15 × 1.5 = $22.50 per hour (overtime rate)
To get overtime pay, multiply the overtime hours by the overtime rate. For example, if the worker worked five overtime hours:
- 5 × $22.50 = $112.50 overtime pay
Who's Eligible For Overtime Pay in Nevada?
In Nevada, most hourly employees are eligible for overtime pay. However, while many hourly workers qualify for overtime, certain exemptions apply.
Starting January 1, 2025, the salary threshold for overtime exemption in Nevada will be $58,656 annually or $1,128 per week. Salaried employees earning less than $58,656 will generally be eligible for overtime pay, provided their job duties do not qualify them for exemptions under the Fair Labor Standards Act (FLSA).
Starting January 1, 2025, salaried employees in Nevada earning more than $58,656 annually (or $1,128 per week) are exempt from overtime pay under state law.
Exempt employees typically include those in executive, administrative, or professional roles whose responsibilities satisfy specific tests under the law.
Executive, administrative, and professional employees are exempt from overtime pay under Nevada Revised Statutes (NRS) and the Fair Labor Standards Act (FLSA) if they meet specific salary and job duties requirements.
These roles have higher levels of autonomy and involve independent decision-making, reducing the need for strict overtime regulation. Moreover, executive, administrative, and professional employees are compensated for their workload and responsibilities and do not rely on hourly pay.
State and local government employees in Nevada are generally not automatically exempt from overtime. However, they may be exempt depending on their salary, role, and responsibilities.
Outside buyers, also known as outside sales employees, are exempt from overtime pay in Nevada under (FLSA) and adopted state labor laws. This is based on the nature of their work, typically characterized by a high degree of autonomy and performance-based compensation.
In Nevada, drivers regulated by the Department of Transportation are generally exempt from state overtime requirements, aligning with federal and state laws, specifically under the (FLSA) and Nevada Revised Statutes (NRS) 608.018.
The exemption primarily applies to those involved in interstate commerce. Drivers operating solely within Nevada may not qualify for this exemption.
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Nevada vs. Federal Overtime Laws Compared
8 Hours / dayNevada Overtime Threshold
In Nevada, overtime eligibility is based on an employee’s hourly wage and the total hours worked. Employees should receive 1.5x their regular hourly rate for hours exceeding eight in a 24-hour period or 40 in a workweek.
40 Hours /weekFederal Overtime Threshold
Under the federal Fair Labor Standards Act (FLSA), all non-exempt employees are entitled to overtime pay for all hours worked in excess of 40 per workweek.
For the FLSA’s purposes, a “workweek” is defined as a fixed and regularly-occurring period of 168 hours, or seven consecutive 24-hour days. These workweeks may be set for any seven-day stretch and do not need to correspond to or coincide with ordinary calendar weeks.
1.5xNevada Overtime Rate
In Nevada, the overtime rate is set at 1.5 times an employee’s regular pay rate. This applies to hours worked beyond 40 in a week or more than 8 in a single 24-hour period.
1.5xFederal Overtime Rate
The FLSA stipulates overtime rates of 1.5 times an employee’s regular rate of pay. There are no additional or higher rates for working more hours or for specified professions.
$58,656 / yearNevada Overtime Threshold for Salaried Employees
The salary threshold for overtime exemption in Nevada will increase to $58,656 per year or $1,128 per week starting January 1, 2025. Salaried employees earning below this threshold will typically qualify for overtime pay unless their job duties meet the exemption criteria outlined in the Fair Labor Standards Act (FLSA).
$58,656 / yearFederal Overtime Threshold for Salaried Employees
Starting January 1, 2025, the federal wage threshold exempting roles from overtime pay is set at $1,128 per week, equivalent to $58,656 per year.
The FLSA also stipulates special thresholds for salaried employees in certain territories as well, with much lower thresholds (between $380 and $455 per week) for Puerto Rico, Guam, the U.S. Virgin Islands, the Northern Mariana Islands, and American Samoa.
NevadaRoles Exempt from Overtime
The following employees may be considered exempt from some or all of Nevada’s overtime regulations:
- Executive, administrative, and professional employees
- Outside buyers
- DOT-regulated drivers
- Computer employees
- Retail and service employees earning more than 50% of their total compensation from commissions
- Agricultural workers
- Independent contractors
FederalRoles Exempt from Overtime
Federal overtime law exempts certain roles from overtime pay:
- Executive, administrative, and professional employees earning more than the threshold
- Computer-related employees
- Outside sales employees
- Highly compensated workers earning more than $151,164 per year, of which at least $1,128 must be paid on a salary or fee basis per week
Misconceptions About Nevada Overtime Laws
Hourly workers often associate their pay structure with automatic overtime eligibility.
Not all hourly employees qualify for overtime. For instance, those in exempt roles, like executive, administrative, or professional positions, may not be eligible. Eligibility depends on job duties and specific exemptions under NRS 608.018 and the FLSA.
Many states, including Nevada, follow federal FLSA guidelines focusing on weekly overtime.
In Nevada, employees are also entitled to daily overtime for hours worked over 8 in a 24-hour period, even if they don’t exceed 40 hours in a week.
Many people believe commission-based pay is exempt from standard labor laws.
Commission-based employees in retail or service establishments may be exempt from overtime if at least 50% of their earnings come from commissions and their hourly rate exceeds 1.5 times the minimum wage. Otherwise, they are eligible for overtime.
Some employees think they can agree to waive overtime in exchange for other benefits or flexible schedules.
Overtime pay is a legal right under Nevada and federal laws and cannot be waived, even if both parties agree.
Some assume smaller businesses are not held to the same labor standards as larger companies.
Overtime laws apply to most businesses, regardless of size, though some small businesses may be exempt from specific FLSA requirements depending on annual revenue or interstate commerce involvement.
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Penalties for Overtime Noncompliance in Nevada
Up to $1,000 /violationOvertime Law Violations
Employers who violate overtime regulations can receive a fine of up to $1,000 per violation.
A violation can refer to any single instance of noncompliance, such as failing to pay overtime wages as required by NRS 608.018, misclassifying employees as exempt, improperly calculating overtime pay, or failing to maintain accurate records of hours worked.
Unpaid WagesOvertime Law Violations
In Nevada, employers who fail to comply with overtime laws are required to fully compensate employees for any overtime wages owed.
Employers may also be required to pay liquidated damages, which are equal to the amount of unpaid wages. For instance, if $500 in unpaid overtime is owed, the employer might also owe $500 in liquidated damages, doubling the total owed to $1,000.
Navigating Overtime Requirements in Nevada
Know What to Do as an Employer
- Understand overtime requirements to be familiarized with Nevada’s overtime laws, including daily and weekly overtime,
- Correctly identify employees as exempt or non-exempt based on their job duties and salary. Ensure exempt employees meet the salary threshold (e.g., $58,656 annually as of 2025) and the duties test under the (FLSA).
- Use a reliable timekeeping system to record all hours worked, including overtime. As required by law, keep detailed records of employee time worked, pay rates, and overtime payments for at least two years.
- Calculate overtime pay correctly at 1.5 times the employee’s regular hourly rate, including bonuses and commissions.
- Educate supervisors about Nevada’s overtime laws and ensure they avoid practices that may unintentionally violate them, such as encouraging employees to work “off the clock.”
- Develop and communicate a clear overtime policy, including when overtime is authorized, how it will be tracked and paid, and the consequences of unauthorized overtime.
Know Your Rights as a Worker
- Understand overtime laws, including your overtime rate and when you qualify for daily and weekly overtime. This also includes your employer’s overtime and timekeeping policies.
- Know if you’re an exempt or non-exempt employee. Verify your classification by asking your employer for a written explanation of your exempt status if you believe you are misclassified.
- Maintain your own records of hours worked, including start and end times, breaks, and overtime. Regularly compare your timesheets with your paycheck to ensure you’re being paid correctly.
- Review your pay stub to ensure you are compensated for all overtime hours at the correct rate. Identify any discrepancies in hours worked, deductions, or missing overtime.
- Communicate with your supervisor or HR department if you believe you are owed overtime pay.
- If your employer refuses to pay overtime, file a complaint with the Labor Commissioner. Include evidence such as timesheets, pay stubs, and correspondence with your employer.
- Seek legal help if your claim involves large sums or employer retaliation.
Common Overtime Pay Challenges for Employers in Nevada
1. Understanding Nevada’s Dual Overtime Rules
Nevada’s overtime laws include daily and weekly overtime, which differ from federal rules. Employers used to federal rules may overlook Nevada’s daily overtime requirement, leading to violations.
2. Misclassifying Employees
Employers sometimes misclassify employees as exempt (executive, administrative, or professional) without meeting the salary threshold or duties test required under Nevada and federal laws.
3. Tracking Employee Hours
Accurate time tracking is essential, especially for remote, off-site, or field employees. Employees working outside the office or engaging in pre/post-shift activities may not accurately record their time.
4. Paying the Correct Overtime Rate
Employers must include bonuses, commissions, and other incentives in the regular pay rate when calculating overtime. Miscalculating the regular rate of pay can result in underpayment and legal disputes.
5. Managing Unauthorized Overtime
Employees sometimes work overtime without approval. Employers must balance the need to discourage unauthorized overtime while complying with payment obligations can be tricky.
Overtime Pay Solutions for Employers in Nevada
1. Stay Updated on Laws
Regularly monitor updates to Nevada labor laws, including changes to overtime regulations, salary thresholds, and recordkeeping requirements, to ensure compliance.
2. Maintain Accurate Records
As required by Nevada law, maintain accurate and detailed records of employee hours, pay rates, and company policies for at least two years. This includes timesheets, payroll documentation, and any agreements related to overtime.
3. Manage Unauthorized Overtime
Develop clear, written policies requiring employees to seek supervisor approval before working overtime. Ensure that employees know unauthorized overtime will still be compensated but may lead to disciplinary measures.
4. Consult Professionals
Partner with HR professionals or labor attorneys to navigate complex scenarios, such as employee classification or overtime calculations. Expert advice helps you address unique challenges and ensures state and federal regulations compliance.
General Best Practices for Nevada Overtime Laws
1. Establish an Overtime Compliance Team
Build a dedicated team or assign a staff member to oversee overtime law compliance. Regularly eview company practices, implement new updates, and communicate any changes in overtime laws to all relevant departments.
2. Develop Employee-Friendly Policies
Provide employees with written policies clearly explaining overtime eligibility, payment processes, and expectations.
3. Perform Job Duty Evaluations
Conduct regular reviews of employee roles and responsibilities to ensure they align with exempt or non-exempt classifications. Ensure job descriptions are updated and reflect the actual duties performed.
4. Provide Ongoing Employee Training
Educate employees on their rights under Nevada overtime laws, including how daily and weekly overtime are calculated. Train staff to report discrepancies in their paychecks promptly.
Final Thoughts
Navigating Nevada’s overtime laws can feel overwhelming. But with the right approach, it becomes an opportunity to build trust and fairness within your team. Establishing clear policies, utilizing precise time-tracking systems, and conducting regular audits can create a transparent workplace that minimizes costly errors.
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Nevada implemented significant changes to its overtime rules on July 1, 2024, as part of a broader adjustment to its minimum wage laws.
New Minimum Wage: The minimum wage in Nevada increased to $12.00 per hour for all employees, regardless of whether they receive qualified health benefits. This marks the end of the previous two-tiered minimum wage system that allowed lower wages for those receiving health benefits.
Daily and Weekly Overtime: Employees earning less than $18.00 per hour will be entitled to daily overtime pay if they work more than 8 hours in a single workday or exceed 40 hours in a workweek. This means that any employee who earns below this threshold will receive overtime pay at a rate of 1.5 times their regular hourly wage for hours worked beyond these limits.
In Nevada, there are specific regulations regarding the maximum number of hours an employee can work in a day:
Standard Work Hours: Unless otherwise agreed upon, an employee’s regular working hours should not exceed 8 hours in a single day or 40 hours in a week.
Alternative Scheduling: Employees may work up to 10 hours per day for a total of 4 days per week if there is mutual agreement between the employer and the employee.
This structure allows flexibility in scheduling while ensuring employees are compensated fairly for their time worked.
In Nevada, the overtime rules are defined by both weekly and daily thresholds:
Weekly Overtime: Employees are entitled to overtime pay at 1.5 times their regular hourly wage for any hours worked over 40 in a workweek.
Daily Overtime: Additionally, employees who earn less than 1.5 times the minimum wage (which is $12.00 per hour as of July 1, 2024) are entitled to overtime pay for hours worked over 8 hours in a single workday.
This means that daily and weekly overtime rules can apply to employees earning less than $18.00 per hour, ensuring they receive fair compensation for extended work hours.
Yes, there are exceptions to the standard 40-hour workweek for overtime in Nevada. Here are the key exceptions:
Employees Working Four 10-Hour Shifts: Employees who agree to work four 10-hour shifts per week are not entitled to overtime pay for hours worked over 8 in a single day, as long as their total hours for the week do not exceed 40. This means they can work 10 hours each day without triggering overtime pay.
Exempt Employees: Certain categories of employees are exempt from overtime requirements under Nevada law. These include:
Professional, Administrative, or Executive Employees: Individuals in these roles may not be entitled to overtime pay if their job duties and salary meet specific criteria.
Employees Covered by Collective Bargaining Agreements: If a collective bargaining agreement provides different terms regarding overtime, those terms apply.
Certain Sales and Service Workers: Employees in retail or service businesses earning more than 1.5 times the minimum wage, with more than half their compensation coming from commissions, may also be exempt.
Specific Job Categories: Certain job categories, such as transportation workers (drivers, loaders), farm workers, and employees of businesses with gross sales below a certain threshold (e.g., $250,000 annually), may also be exempt from overtime provisions.
These exceptions highlight the complexity of Nevada’s labor laws regarding overtime compensation and emphasize the importance of understanding state and federal regulations.
Nevada’s overtime laws have distinct differences from federal regulations under the Fair Labor Standards Act (FLSA).
Overtime Eligibility Criteria
Weekly Overtime: Nevada and federal law require overtime pay at 1.5 times the regular rate for hours worked over 40 hours in a workweek.
Daily Overtime: Nevada has an additional requirement for daily overtime, mandating that employees earn overtime for any hours worked over 8 hours per day, provided they earn less than 1.5 times the minimum wage (currently $12.00 per hour). This daily overtime rule does not apply to employees who earn more than that threshold or who have agreed to a flexible work schedule.
Exemptions
While both Nevada and federal laws provide exemptions for specific categories of employees (such as executive, administrative, and professional roles), Nevada’s laws also specify additional exemptions for commissioned salespeople, agricultural workers, and employees under collective bargaining agreements with specific terms regarding overtime.
These differences highlight Nevada’s more employee-friendly approach to overtime compensation compared to federal standards, ensuring greater protections for workers in the state.
