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 take steps to enforce your rights. The Las Vegas lawyers at Adam S. Kutner & Associates explain how Nevada’s overtime laws work.

Nevada Overtime Laws – an Overview

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

Overtime Laws Nevada

Nevada Revised Statutes 608.018 (NRS 608.018) – Nevada Overtime Law

Nevada Revised Statutes 608.018 [1] is Nevada’s overtime law. The law applies to many types of employees who make less than 1.5 times the minimum wage. The law 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 rate of pay. For the purposes of calculating overtime, the 40-hour workweek is any consecutive seven days. The 40 hours doesn’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 rate of pay for hours worked more than eight in a day and 40 in a workweek. Not all employees qualify.

Employees who already have a rate of pay 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 overtime. They should account for overtime hours paid on the employee’s next regular paycheck.

Overtime Exceptions in Nevada / Who Is Not Covered by Overtime Laws in Nevada?

Overtime laws apply to many categories of workers. However, there are also many categories of workers who 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

Unpaid Overtime Complaint in Nevada

To make a complaint for unpaid overtime in Nevada, you submit a report to the Nevada Labor Commissioner. The Nevada Labor Commissioner has forms available on their website [2]. To make the complaint, the violation must have occurred within the past 24 months.

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 that are separate from a civil action. The employee themselves 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.

Is It Illegal Not to Pay Overtime in Nevada?

Yes, it is illegal not to pay overtime in Nevada if the employee is covered by overtime laws. Nevada law 608.018 requires overtime based on the category of employee 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 find themselves facing administrative, civil, and criminal actions for failing to pay overtime.

What Is the Minimum Wage in the State of Nevada?

As of 2019, the minimum wage in the State of Nevada is $8.25 per hour. If an employer offers health insurance to their employees, the minimum wage is $7.25 per hour. Because overtime applies to employees who earn up to 1.5 times the minimum wage, overtime applies to employees who earn up to $12.38 without offered health insurance and $10.88 if offered health insurance, respectively. The State of Nevada is set to steadily increase the minimum wage through the year 2024.

What Is the Minimum Wage in Las Vegas in 2019?

The minimum wage in Las Vegas in 2019 is $8.25 per hour if the employee is not offered health care. The minimum wage in Las Vegas in 2019 is $7.25 per hour if the employee is offered health care as part of their compensation. Las Vegas does not have a minimum wage law that is separate from and in addition to Nevada and federal law. Instead, state and federal laws apply in Nevada to establish a minimum wage in Las Vegas at $8.25 or $7.25 per hour, depending on whether the employee is offered health care.

Is Nevada Raising the Minimum Wage?

Yes, Nevada is raising the minimum wage [3]. Nevada passed 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 the employer offers health care to a worker, the minimum wage is $11 per hour.

Nevada Revised Statutes 608.010 (NRS 608.010) – Definition of Employee

Nevada Revised Statutes 608.010 [4] defines an employee as all persons in service of an employer. An employment agreement may be express or implied, and it may be both oral or written. A person may be an employee for the purpose of wage laws, even if their employment is unlawful.

Nevada Revised Statutes 608.011 – (NRS 608.011) – Definition of Employer

Nevada Revised Statutes 608.011 [5] defines an employer as every person who has control or custody of any employment. An employer is someone who has control of any place of work or control of any worker. An employer may not require a person to work an unpaid trial period before they become an employee.

Sources

[1] NRS 608.018

[2] Nevada Office of the Labor Commissioner. Forms for Employees. Retrieved 24 October 2019 from http://labor.nv.gov/About/Forms/FORMS_FOR_EMPLOYEES/

[3] Lochhead, C. 12 June 2019. Sisolak signs bill raising minimum wage to $12 an hour in Nevada. Las Vegas Review-Journal. Retrieved 24 October 2019 from https://www.reviewjournal.com/news/politics-and-government/2019-legislature/sisolak-signs-bill-raising-minimum-wage-to-12-an-hour-in-nevada-1685993/ 

[4] NRS 608.010

[5] NRS 608.011

Adam S. Kutner

Adam S. Kutner Personal Injury Lawyer

With more than 28 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.