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Disclaimer
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
Meals and Break
Nevada employers must provide employees a meal period of at least 30 minutes when
working for a continuous period of 8 hours. Employers must provide employees a break of
a minimum of 10 minutes for each 4 hours worked or major fraction thereof. Employers do
not need to provide a break to employees working less that 3.5 hours. The break must be
paid. Nev. Rev. Stat. 608.019.
Nevada wage and hour regulations explain the break requirement as follows:
An employee that works at least 3 1/2 continuous hours is permitted:
(a) One 10-minute rest period if the employee works at least 3 1/2 continuous hours and
less than 7 continuous hours;
(b) Two 10-minute rest periods if the employee works at least 7 continuous hours and less
than 11 continuous hours;
(c) Three 10-minute rest periods if the employee works at least 11 continuous hours and
less than 15 continuous hours; or
(d) Four 10-minute rest periods if the employee works at least 15 continuous hours and
less than 19 continuous hours.
Nev. Admin. Code 608.16.
Exceptions to the meal and break requirements include:
(a) Situations where only one person is employed at a particular place of employment.
(b) Employees included within the provisions of a collective bargaining agreement.
(c) Exemptions granted by the Labor Commission after the employer has shown sufficient
evidence that business necessity precludes providing such benefits.
Nev. Rev. Stat. 608.019.
An employee may voluntarily agree to forgo any rest or meal period. Nev. Admin. Code
608.16.
Nevada employers must provide employees a meal period of at least 30 minutes when
working for a continuous period of 8 hours. Employers must provide employees a break of
a minimum of 10 minutes for each 4 hours worked or major fraction thereof. Employers do
not need to provide a break to employees working less that 3.5 hours. The break must be
paid. Nev. Rev. Stat. 608.019.
Nevada wage and hour regulations explain the break requirement as follows:
An employee that works at least 3 1/2 continuous hours is permitted:
(a) One 10-minute rest period if the employee works at least 3 1/2 continuous hours and
less than 7 continuous hours;
(b) Two 10-minute rest periods if the employee works at least 7 continuous hours and less
than 11 continuous hours;
(c) Three 10-minute rest periods if the employee works at least 11 continuous hours and
less than 15 continuous hours; or
(d) Four 10-minute rest periods if the employee works at least 15 continuous hours and
less than 19 continuous hours.
Nev. Admin. Code 608.16.
Exceptions to the meal and break requirements include:
(a) Situations where only one person is employed at a particular place of employment.
(b) Employees included within the provisions of a collective bargaining agreement.
(c) Exemptions granted by the Labor Commission after the employer has shown sufficient
evidence that business necessity precludes providing such benefits.
Nev. Rev. Stat. 608.019.
An employee may voluntarily agree to forgo any rest or meal period. Nev. Admin. Code
608.16.
Vacation
Nevada has no laws requiring employers to provide employees with vacation benefits,
either paid or unpaid. Nev. Labor Commissioner FAQs.
An employer may lawfully establish a policy or enter into a contract denying employees
payment for accrued vacation leave upon separation from employment. See Nev. Labor
Commissioner FAQs.
An employer may also lawfully establish a policy or enter into a contract disqualifying
employees from payment of accrued vacation upon separation from employment if they fail
to comply with specific requirements, such as giving two weeks notice or being employed
as of a specific date of the year. See Nev. Labor Commissioner FAQs.
An employer is required to pay accrued vacation to an employee upon separation from
employment if its policy or contract requires it. See Nev. Labor Commissioner FAQs.
An employer is not required to pay accrued vacation leave upon separation from
employment if the employer’s established policy or employment contract is silent on the
matter. See Nev. Labor Commissioner FAQs.
An employer may cap the amount of vacation leave an employee may accrue over time. See
Nev. Labor Commissioner FAQs.
An employer may implement a “use-it-or-lose-it” policy requiring employees to use their
leave by a set date or lose it. See Nev. Labor Commissioner FAQs.
Nevada has no laws requiring employers to provide employees with vacation benefits,
either paid or unpaid. Nev. Labor Commissioner FAQs.
An employer may lawfully establish a policy or enter into a contract denying employees
payment for accrued vacation leave upon separation from employment. See Nev. Labor
Commissioner FAQs.
An employer may also lawfully establish a policy or enter into a contract disqualifying
employees from payment of accrued vacation upon separation from employment if they fail
to comply with specific requirements, such as giving two weeks notice or being employed
as of a specific date of the year. See Nev. Labor Commissioner FAQs.
An employer is required to pay accrued vacation to an employee upon separation from
employment if its policy or contract requires it. See Nev. Labor Commissioner FAQs.
An employer is not required to pay accrued vacation leave upon separation from
employment if the employer’s established policy or employment contract is silent on the
matter. See Nev. Labor Commissioner FAQs.
An employer may cap the amount of vacation leave an employee may accrue over time. See
Nev. Labor Commissioner FAQs.
An employer may implement a “use-it-or-lose-it” policy requiring employees to use their
leave by a set date or lose it. See Nev. Labor Commissioner FAQs.
Severance
Nevada law does not require employers to provide employees with severance pay. If an
employer chooses to provide severance benefits, it must comply with the terms of its
established policy or employment contract.
Nevada law does not require employers to provide employees with severance pay. If an
employer chooses to provide severance benefits, it must comply with the terms of its
established policy or employment contract.
Holidays
Nevada law does not require employers to provide employees with either paid or unpaid
holiday leave. In Nevada, an employer can require an employee to work holidays. An
employer does not have to pay an employee premium pay, such as 1 1/2 times the regular
rate, for working on holidays, unless such time worked qualifies the employee for overtime
under standard overtime laws. If an employer chooses to provide either paid or unpaid
holiday leave, it must comply with the terms of its established policy or employment
contract.
Nevada law does not require employers to provide employees with either paid or unpaid
holiday leave. In Nevada, an employer can require an employee to work holidays. An
employer does not have to pay an employee premium pay, such as 1 1/2 times the regular
rate, for working on holidays, unless such time worked qualifies the employee for overtime
under standard overtime laws. If an employer chooses to provide either paid or unpaid
holiday leave, it must comply with the terms of its established policy or employment
contract.
Minimum Wage
Nevada's current minimum wage is $5.85 for employers who provide employees with a
qualifying health benefit. This rate is $6.85 for employees who do not provide a qualifying
health benefit. NV Labor Comm. FAQs. Some exceptions apply to Nevada's minimum
wage requirements.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage.
Nevada's current minimum wage is $5.85 for employers who provide employees with a
qualifying health benefit. This rate is $6.85 for employees who do not provide a qualifying
health benefit. NV Labor Comm. FAQs. Some exceptions apply to Nevada's minimum
wage requirements.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage.
Overtime
Nevada requires an employer to pay overtime to employees, unless otherwise exempt, at
the rate of 1 1/2 times the employee's regular rate of pay for all hours worked in excess of
40 hours in a workweek or 8 hours in any workday. NV Labor Comm. FAQs. See FLSA:
Overtime for more information regarding overtime requirements.
Nevada requires an employer to pay overtime to employees, unless otherwise exempt, at
the rate of 1 1/2 times the employee's regular rate of pay for all hours worked in excess of
40 hours in a workweek or 8 hours in any workday. NV Labor Comm. FAQs. See FLSA:
Overtime for more information regarding overtime requirements.
Sick Leave
Nevada law does not require employers to provide employees with sick leave benefits,
either paid or unpaid. If an employer chooses to provide sick leave benefits, it must comply
with the terms of its established policy or employment contract. An employer does not
need to pay an employee from accrued sick leave upon separation from employment,
unless required by policy or contract.
An employer in Nevada may be required to provide an employee unpaid sick leave in
accordance with the Family and Medical Leave Act or other federal laws.
Nevada law does not require employers to provide employees with sick leave benefits,
either paid or unpaid. If an employer chooses to provide sick leave benefits, it must comply
with the terms of its established policy or employment contract. An employer does not
need to pay an employee from accrued sick leave upon separation from employment,
unless required by policy or contract.
An employer in Nevada may be required to provide an employee unpaid sick leave in
accordance with the Family and Medical Leave Act or other federal laws.
| EmploymentLawHandbook.com |
| Your Employment and Labor Law Resource |
| E |
| H |
| L |
| Wage and Hour Laws for Private Sector Employers |
If you do not find the answer to your question through these summaries or
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
TOPICS COVERED (Scroll down for detailed information):
- Minimum Wage
- Overtime
- Meals and Breaks
- Vacation Leave
- Sick Leave
- Severance Pay
- Holiday Leave
- Jury Duty
RELATED TOPICS:
Jury Duty
An employer is not required to pay an employee any wages for time spent complying with a
jury summons or serving on a jury.
An employer may not discharge an employee or threaten an employee with discharge for
responding to a jury summons or serving on a jury.
An employer may not require an employee responding to a jury summons or serving on a
jury to:
- use sick leave or vacation time; or
- work:
An employer is not required to pay an employee any wages for time spent complying with a
jury summons or serving on a jury.
An employer may not discharge an employee or threaten an employee with discharge for
responding to a jury summons or serving on a jury.
An employer may not require an employee responding to a jury summons or serving on a
jury to:
- use sick leave or vacation time; or
- work:
- (1) within 8 hours before the time at which he is to appear for jury duty; or
(2) between 5 p.m. on the day of his appearance for jury duty and 3 a.m. the
following day, if his service has lasted for 4 hours or more on the day of his
appearance for jury duty, including his time going to and returning from the place
where the court is held.
