Hours & Pay Regulations
Nevada law defines a workweek as seven (7) consecutive 24-hour periods that may begin on the day of the week and at any time of the day. Nevada law requires employers to pay employees for each hour the employee works. Hours worked includes all time employees works at the direction of their employer, including any time an employee works outside of their scheduled shift.
Employers are required to pay employees for all hours worked regardless of the manner in which employees are paid, whether it is by hourly rate, salary, piece rate, or any other manner of payment. Employers must pay employees for all hours worked during a trial or break-in period. Time taken by an employee as paid time-off, e.g., vacation days, sick days, or holidays, does not count as hours worked.
Nevada’s labor commissioner has held that the use of time clock rounding to calculate employee pay, including overtime, is permissible under Nevada law, provided that the employer’s time clock rounding policy does not result over time in a failure to compensate employees for all time actually worked.
An employer shall pay 1.5 times an employee’s regular wage rate whenever an employee whose wage rate is less than 1.5 times the minimum rate prescribed pursuant to the Constitution of the State of Nevada:
- Works more than 40 hours in any scheduled week of work; or
- Works more than 8 hours in any workday unless by mutual agreement the employee works a scheduled 10 hours per day for 4 calendar days within any scheduled week of work.
The employee gets daily overtime if the regular rate is less than 1.5x the minimum wage rate. The employee does not get daily overtime if the regular rate is not less than 1.5x the minimum wage rate.
Employees must be allowed a paid rest period of at least 10 minutes for every four hours worked or a major fraction thereof, without deduction from wages. An employee is permitted:
- One rest period for working at least 3.5 and less than 7 continuous hours;
- Two rest periods for working at least 7 and less than 11 continuous hours;
- Three rest periods for working at least 11 and less than 15 continuous hours;
- Four rest periods for working at least 15 and less than 19 continuous hours.
No rest period is required if the total daily work time is less than three-and-one-half hours. When possible, rest periods shall be in the middle of each work period.
Breast Feeding Break
Each employer shall provide an employee who is the mother of a child under 1 year of age with:
- Reasonable break time, with or without compensation, for the employee to express breast milk as needed; and
- A place, other than a bathroom, that is reasonably free from dirt or pollution, which is protected from the view of others and free from intrusion by others where the employee may express breast milk.
If break time is required to be compensated pursuant to a collective bargaining agreement entered into by an employer and an employee organization, any break time taken by an employee which is covered by the collective bargaining agreement must be compensated.
No Annual leave for Private Employee unless it is at the discretion of the employer based on an agreement.
Currently, the minimum wage for Nevada employees is $8 rate for employees who are offered health insurance, and $9 rate is for Nevada employees who are not offered health insurance.
On July 1, 2021, the Nevada minimum wage will increase to $8.75 per hour if the employer offers qualifying health benefits and to $9.75 per hour if the employer does not offer qualifying health benefits.
The above information on minimum wages might not be up to date & subject to change. Kindly access the DOL website for the current rates.
Employees must be given an unpaid meal period of at least 30 minutes for a continuous work period of eight hours. A meal period of less than 30 minutes does not interrupt a continuous period of work.
Meal and rest periods are not required if there is only one employee at a particular place of employment, or if employees are covered by a collective bargaining agreement. Employees may voluntarily agree to forego any rest period or meal period. The employer has the burden to prove the existence of such an agreement. Minor employees are covered by the same meal and rest break requirements as adult employees.
If an employer grants leave with pay, leave without pay, or leave without loss of seniority to his or her employees for sickness or disability because of a medical condition, it is an unlawful employment practice to fail or refuse to extend the same benefits to any female employee for a condition of the employee relating to pregnancy, childbirth or a related medical condition. The female employee who is pregnant must be allowed to use the leave before and after childbirth, miscarriage or other natural resolution of her pregnancy, if the leave is granted, accrued or allowed to accumulate as a part of her employment benefits.
Signed by Governor Sandoval in June 2017, effective October 2017 the Nevada Pregnant Workers’ Fairness Act requires employers with 15 or more employees to treat female employees and applicants for employment who are affected by pregnancy, childbirth, or related medical conditions the same as other employees and applicants who have similar abilities or limitations.
Effective January 1st, 2018, an employee who has been employed by an employer for at 90 days and who is a victim of an act which constitutes domestic violence, or whose family or household member is a victim of an act which constitutes domestic violence, and the employee is not the alleged perpetrator, is entitled to not more than 160 hours of leave in one 12-month period. An employee may use the hours of leave only:
- For the diagnosis, care or treatment of a health condition related to an act which constitutes domestic violence committed against the employee or family or household member of the employee; or
- To obtain counseling or assistance related to an act which constitutes domestic violence committed against the employee or family or household member of the employee; or
- To participate in any court proceedings related to an act which constitutes domestic violence committed against the employee or family or household member of the employee; or
- To establish a safety plan, including, without limitation, any action to increase the safety of the employee or the family or household member of the employee from a future act which constitutes domestic violence.
Employers must allow employees to take unpaid leave to appear as witnesses in court proceedings. Employers cannot penalize employees for taking court attendance leave. Employers must allow employees to take unpaid leave to serve as jurors. Employers cannot take adverse action against employees because they take jury duty leave.
Employers must allow employees sufficient leave time to vote and to serve as legislators. Employers also can’t prohibit or prevent employees from engaging in politics or becoming candidates for public office.
Employers must grant employees up to four hours of school activities leave per school year for school activities that pertain to the attendance of parent-teacher conferences; attendance of school-related activities during normal school hours; volunteering or otherwise being involved during regular school hours at a child’s school; and attendance of school-sponsored events. Such leave must be taken in increments of at least one hour and must be at a time that is mutually agreed upon by employers and employees.
Effective January 1, 2020, is Nevada’s Mandatory Paid Leave law. SB 312 requires that every Nevada private employer with 50 or more employees (in Nevada) must provide paid leave to its employees of at least 0.01923 hours for each hour of work performed (including part-time employees). This amount equates to 40 hours of paid leave per year assuming a 40-hour workweek. Note, the requirements of SB 312 are the minimum; employers can provide more generous paid leave benefits. Nevada employers:
- Can front-load the 40 hours of paid time off instead of the accrual method.
- Can limit paid leave use to 40 hours per benefit year.
- Can limit the amount of paid leave to 40 hours per benefit year to carry over from one benefit year to the next.
Last updated on: December 24th, 2020