Nevada Overtime Laws

Overtime and regular hour binders in desk with calculator.

Everyone deserves to receive a fair wage for their work, including overtime pay. Extended hours and employers who don’t respect the work their employees do can lead to workplace injuries and stress. But not all workers have the right to worker’s compensation benefits.

Nevada overtime laws are important for every employer and employee. Hourly employees and even some salaried employees have the right to receive overtime in the state of Nevada. If you have the right to overtime, you may be able to take steps to enforce your rights. Our Las Vegas worker’s compensation lawyers explain how Nevada’s overtime laws work.

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Who Has a Right To Receive Overtime?

All Nevada employees have the right to earn overtime. Employees who earn less than 1.5 times the state minimum wage have the right to receive overtime pay. Overtime kicks in whenever an employee works more than eight hours in a 24-hour period or more than 40 hours in a workweek.

However, there are some exceptions, and not all employees are covered by overtime laws in Nevada. 

Not following work time limit regulations could result in:

  • Work injury that requires medical treatment
  • Premises liability cases for injured employees
  • Slip and fall accidents
  • Driving or trucking accidents due to exhaustion
  • Higher blood pressure
  • Increased mental issues
  • Heavy alcohol consumption
  • Higher suicide rates
  • Decreased productivity

Workers’ compensation insurance can provide some assistance for injured workers who cannot perform their job and pays death benefits to families of employees killed on the job. All Nevada employers1 are required to get worker’s compensation insurance. 

Vocational rehabilitation can help people return to work after an injury or occupational disease and limits long-term disability reliance on insurance companies.

What Is the Nevada Overtime Law?

Nevada’s overtime law2 applies to many types of employees who make less than 1.5 times the minimum wage. 

The rule applies in two situations:

  • Working more than eight hours in a 24-hour period
  • Working more than 40 hours in any week

When overtime applies, the employer must pay 1.5 times the employee’s regular pay rate. To calculate overtime, the 40-hour workweek is any consecutive seven days. The 40 hours don’t have to begin or end on any particular day of the week. In addition, if an employee chooses to work four, 10-hour days instead of eight hours a day over five days, overtime does not apply.

How Does Overtime Work in Nevada?

Overtime works in Nevada by requiring employers to pay covered employees for overtime hours. An employer must pay every qualifying employee 1.5 times their regular pay rate for hours worked more than eight in a day and 40 in a workweek. 

Not all employees qualify. Employees who already have a pay rate over 1.5 times the state minimum wage are exempt from overtime. There are also categories of workers who are completely exempt from overtime. However, in general, an employer should recognize and pay over time. They should account for overtime hours spent on the employee’s next regular paycheck.

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Are There Overtime Exceptions in Nevada?

Who is not covered by overtime laws in Nevada? Overtime laws apply to many categories of workers. However, many workers are exempt from overtime laws. The following types of workers do not have the right to receive overtime:

  • Workers who earn more than 1.5 times the minimum wage
  • Administrative professionals
  • Licensed professionals
  • Employees with collective bargaining agreements
  • Drivers and mechanics who are subject to the Motor Carrier Act of 1935
  • Railroad employees
  • Airline employees
  • Delivery drivers who are paid a flat rate per job
  • Taxi drivers
  • Limo drivers
  • Agriculture employees
  • Employees of a business enterprise that has less than $250,000 in annual gross sales
  • Car salespersons
  • Farm equipment salespersons
  • Live-in domestic workers who agree not to receive overtime

How Can I Make an Unpaid Overtime Complaint in Nevada?

To make a complaint about unpaid overtime in Nevada, you submit a report to the Nevada Labor Commissioner. The Nevada Labor Commissioner has forms available on its website. The violation must have occurred within the past 24 months to make the complaint.

Can I File a Nevada Lawsuit for Unpaid Overtime?

In addition to complaining to the Nevada Labor Commissioner, you may also bring a lawsuit for compensation. As part of your claim, you may have the right to receive payment of your attorney fees. In addition, you may place a lien against employer property to collect payment.

An employer who purposefully fails to comply with wage laws may face criminal charges separate from civil action. The employee must initiate a civil claim for compensation. Your claim may fall under Nevada state law as well as the United States Fair Labor Standards Act.

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Is It Illegal to Not Pay Overtime in Nevada?

Yes, it is illegal not to pay overtime in Nevada if the employee is covered by overtime laws. Nevada law requires overtime based on the category of employees and the amount of their regular hourly wage.

When the laws apply to trigger overtime requirements, and the employer declines to pay overtime, it’s illegal not to pay overtime. An employer may face administrative, civil, and criminal actions for failing to pay overtime.

What Is the Minimum Wage in the State of Nevada?

As of 2022, the minimum wage in Nevada3 is $9.75 per hour, $390 per 40-hour week, or $20,280 per year. However, if an employer offers health insurance to their employees, the minimum wage is $8.75 per hour. The State of Nevada is set to steadily increase the minimum wage through 2024.

When Did Nevada Decide To Raise the Minimum Wage?

Nevada decided to raise the minimum wage4 in a June 2019 amendment to the minimum wage law. The law increases the minimum wage gradually over the next five years. By 2024, the minimum wage in Nevada will be $12 per hour if no healthcare is offered and $11 per hour if healthcare is offered.

What Is the Definition of an Employee?

Nevada Revised Statutes 608.0105 defines an employee as all persons in the service of an employer. An employment agreement may be expressed or implied, and it may be oral or written. A person may be an employee for the purpose of wage laws, even if their employment is unlawful.

What is the Definition of an Employer?

Nevada Revised Statutes 608.0116 defines an employer as every person who has control or custody of any employment. An employer may not require a person to work an unpaid trial period before becoming an employee.

Why Work With a Workers’ Comp Lawyer?

Overtime laws can be confusing. If you need help determining whether you deserve compensation, contact an expert attorney at Adam S. Kutner, Injury Attorneys, to schedule a free consultation today. 

Sources:

1State of Nevada Department of Business and Industry. Employee Guide. Workers Compensation. Retrieved 29 April 2022.

2NRS 608.018.

3Minimum-Wage.org. Nevada Minimum Wage for 2021, 2022. Retrieved 29 April 2022.

4Lochhead, C. 12 June 2019. Sisolak Signs Bill Raising Minimum Wage to $12 an Hour in Nevada. Las Vegas Review-Journal. Retrieved 29 April 2022.

5NRS 608.010

6NRS 608.011

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Adam S. Kutner Personal Injury Lawyer

With more than 31 years of experience fighting for victims of personal injury in the Las Vegas valley, Attorney Adam S. Kutner knows his way around the Nevada court system and how to get clients their settlement promptly and trouble-free.