Understanding and complying with Nevada labor laws is essential for every employer operating in the state. The legal obligations surrounding wages, overtime, breaks, and employee classification can be complex. Missteps, even unintentional ones, can lead to fines, lawsuits, or even criminal liability, depending on the nature of the offense.
From managing time-off policies to tracking minimum wage changes and understanding your responsibilities as an employer, keeping up with current laws is more than just good business — it’s a protective measure for your company’s reputation and bottom line. Here are the many areas of labor law this guide covers:
Nevada law mandates other forms of protected leave as well:
Nevada also requires individuals in the cannabis, construction, convention services, and entertainment industries to complete 10 or 30-hour OSHA training courses. Supervisors are generally required to obtain a 30-hour certification, while other workers are required to obtain a 10-hour certification. Finally, Nevada has recently enacted a heat illness protection law that applies to employers with more than 10 employees. These businesses must conduct a written job hazard analysis to assess working conditions that may result in exposure to heat illness. In addition to this initial analysis, employers must repeat it whenever any task or job performed by an employee undergoes a material change. These regulations do not apply to employees who work indoors in a climate-controlled environment, including a motor vehicle with a climate-controlled environment.
Nevada Wage Laws and Requirements
Understanding how and when you must pay your employees is a key part of staying compliant. Nevada law requires employers to compensate employees at least twice a month. Beyond that, employers must ensure their pay practices meet both federal and state standards when it comes to issues like minimum wage, overtime, and withholding.
Minimum wage
In Nevada, the minimum wage is currently $12.00 per hour. This rate applies across the board: tipped workers are entitled to the full $12.00 hourly rate, regardless of how much they earn in gratuities. In addition, there is no lower “subminimum wage” for specific groups such as minors, trainees, or employees with disabilities — all such employees must receive at least the standard minimum wage.
Overtime
Employees in Nevada who make less than 1.5 times Nevada’s minimum wage — currently $18 per hour — are entitled to overtime pay at 1.5 times their regular rate for any hours worked over 40 in a workweek or over 8 hours in a single workday. Employees who earn $18 or more are only entitled to overtime if they exceed the 40-hour weekly threshold, not the daily limit. Nevada also allows a flexible “4/10” schedule, where employees who agree to work four 10-hour days each week are not due overtime pay. Employers who choose to implement alternative work schedules should document them carefully to avoid potential disputes. Certain employees are exempt from overtime requirements. These include “bona fide” white collar employees, such as architects, dentists, vets, and psychologists, who make more than $1,128 per week (equal to $58,656 per year). Additional major categories of employees, including drivers and agricultural workers, are also excluded.Withholding
Nevada employers are allowed to make deductions from an employee’s wages required by law — such as federal and state income taxes, Social Security contributions, and court-ordered obligations like child support. Employers may also deduct amounts related to voluntary benefit programs, such as health insurance premiums or retirement contributions, if the employee has explicitly opted into the program. For any other type of wage deduction, employers must receive written authorization from the employee. Importantly, Nevada does not allow employers to rely on blanket authorizations. Each deduction must be specifically approved in writing.Reducing pay
If an employer plans to reduce an employee’s rate of pay — regardless of the reason — they must provide the employee with at least seven days’ written notice before the change takes effect. Failing to follow these requirements not only violates Nevada labor law but may also expose the employer to wage claims.Nevada Leave and Break Laws
Employers must understand their obligations related to employee-paid leave, meal periods, and breaks under Nevada law to avoid legal risk.Paid time off
Under Nevada law, private employers with 50 or more employees must provide paid leave to both full- and part-time employees. Employees of these organizations accrue leave at the rate of .01923 hours of paid time off per hour worked, which equates to 1 hour of paid time off (PTO) per 52 hours worked. Employers may limit the amount of PTO carried over from year to year to a maximum of 40 hours. Employees can use paid leave for any purpose. Employers can limit the total amount of paid leave an employee can use per year to 40 hours, and they can also establish a minimum time increment that employees must use, which cannot exceed four hours. There are multiple carve-outs to this paid leave requirement. Newly established businesses (operating for less than two years) are exempt, as are temporary, seasonal, or on-call workers. Employers also do not need to offer this leave if their current written leave policy meets or exceeds the requirements of Nevada PTO law. Importantly, Nevada law does not require employers to pay out unused vacation leave when an employee leaves the company, although an employer may choose to do so.Family and medical leave (federal law)
Certain Nevada employees are also entitled to protections under the Family and Medical Leave Act (FMLA). The FMLA only applies to employers with 50 or more employees within a 75-mile radius of each other. It allows eligible workers to take up to 12 weeks of unpaid, job-protected leave within a 12-month period for specific reasons such as childbirth, adoption, serious personal illness, or the illness of a child, spouse, or parent. To qualify, the employee must have worked for the employer for at least one year and clocked at least 1,250 hours during that time.
Other types of leave
Nevada law mandates other forms of protected leave as well:
- Employers must allow employees to be absent for jury duty and cannot require them to use other types of accrued leave for this purpose.
- Additionally, employees who cannot reasonably vote before or after their shifts must be granted paid time off to vote, with the length of leave depending on the distance to their polling place.
- Finally, employers with 50 or more workers must provide up to four hours of leave each school year for parents or guardians to attend school-related activities. This leave may be paid or unpaid at the employer’s discretion.
Required meal and rest breaks
Employers may be required to provide two distinct types of breaks during the workday: meal breaks and rest breaks. Employees working an 8-hour shift must be given a 30-minute meal break. This meal period can be unpaid, as long as the employee is completely relieved of their responsibilities during that time. If an employee is required to remain on duty during a break, they must be paid at their typical rate for the time. In addition to meal breaks, employees are entitled to 10-minute paid rest breaks for every 4 hours of work. Nevada law includes specific provisions for breastfeeding employees as well. Employers must provide reasonable break time, either paid or unpaid, for nursing mothers to express breast milk for one year after the child’s birth. Employers must also offer a private location, other than a bathroom, that is shielded from view and free from intrusion.
Nevada Workplace Safety Laws
Maintaining a safe work environment is more than just good business practice. It’s a legal obligation under both federal and state law. In Nevada, workplace safety regulations are enforced through the Nevada State Plan, a state-specific implementation of the federal Occupational Safety and Health Act (OSHA). Nevada employers with 10 or more employees are required to create and maintain a written safety program, which must be made available in a language and format that every employee can understand. Organizations with more than 25 employees must also establish a safety committee that includes employee representatives. These representatives must be paid for time spent on activities related to the committee. The Nevada State Plan has adopted several unique safety standards in specific high-risk areas, including:- Control of asbestos
- Operation of cranes
- Manufacture and use of explosives
- Photovoltaic system projects
- Manufacturing, use, and storage of ammonium perchlorate
- Sanitation
- Hazard communication
- Steel erection
Nevada also requires individuals in the cannabis, construction, convention services, and entertainment industries to complete 10 or 30-hour OSHA training courses. Supervisors are generally required to obtain a 30-hour certification, while other workers are required to obtain a 10-hour certification. Finally, Nevada has recently enacted a heat illness protection law that applies to employers with more than 10 employees. These businesses must conduct a written job hazard analysis to assess working conditions that may result in exposure to heat illness. In addition to this initial analysis, employers must repeat it whenever any task or job performed by an employee undergoes a material change. These regulations do not apply to employees who work indoors in a climate-controlled environment, including a motor vehicle with a climate-controlled environment.