Nevada Minimum Wage Laws




Minimum wage

Nevada’s current minimum wage is $7.25 for employees who are offered qualifying health benefits. It is $8.25 for employees who have not be offered qualifying health benefits. NV Constitution, Art. 15, Sec. 16.; NV Statute 608.250; NV Admin. Code 608.100; NV Labor Comm.: Minimum Wage Bulletin.

Nevada’s constitution requires an annual review of its minimum wage. The minimum wage must be increased by the percentage the cost of living has changed from December 31 in the given you over the level as of December 31, 2004, up to three (3) percent. The cost of living change is based on the Consumer Price Index published by the Bureau of Labor Statistics, U.S. Department of Labor. Any change to the minimum wage will be announced by the Governor or a designated state agency by April 1 of a given year and the change will take effect July 1 of that same year. Moreover, Nevada’s minimum wage may not be lower than the federal minimum wage and will be adjusted accordingly when necessary. A change in Nevada’s minimum wage due to an increase in the federal minimum wage may take the place of the annual cost of living increase. NV Constitution, Art. 15, Sec. 16



A qualifying health insurance plan that permits an employer to pay the lower minimum wage rate must:

  • cover all categories of health care expenses an employee would generally be able to deduct from their federal income tax return pursuant to 26 USC 213 and any related regulations if they paid for the expenses themselves; or
  • provide health benefits pursuant to a Taft-Hartley trust which:
    • if formed pursuant to 29 USC 186(c)(5); and
    • qualifies as an employee welfare benefit plan under:
      • Internal Revenue Service guidelines; or
      • the Employee Retirement Income Security Act (ERISA)
  • be made available to the employee and any dependents, which is evidenced by:
    • the employer maintains contracts for health insurance for the class of employees being paid the lower minimum wage, subject only to conditions required to complete coverage that are applicable to similarly situated employees in the same class; and
    • employees do not have to wait more than six (6) months to be eligible to participate in the health insurance plan.
    • require that employees pay no more than 10 percent of their gross taxable income for premiums.

NV Admin Code 608.102

An employee may voluntarily decline coverage for qualifying health benefits and remain eligible for the lower minimum wage. However, the employer must maintain documentation that the employee has declined coverage and the employer may not require any employee decline coverage as a term or condition of employment. NV Admin Code 608.106

If an employer requires new hires to work for a period of time before becoming eligible to participate in a qualifying health benefits plan, the employer must pay the new hire the higher minimum wage until the employee’s waiting period ends and the employee becomes eligible to participate in the plan. NV Admin Code 608.108



Tip minimum wage

Nevada does not have a wage rate for tipped employees that is lower than the standard minimum wage and employers may not rely on tips or gratuities received by employees as a credit towards its obligation to pay the standard minimum wage. NV Constitution, Art. 15, Sec. 16



Tip pooling and sharing

Nevada minimum wage laws do not address whether an employer may require employees to participate in tip pooling or tip sharing arrangements.



Subminimum wage

Employees with disabilities

Nevada minimum wage laws allow employers to pay employees with disabilities a subminimum wage rate lower than the standard minimum wage when the employees have severe disabilities that diminished their productive capacity in a specific job and who are specified in certificates issued by the Rehabilitation Division of the Department of Employment, Training and Rehabilitation. Such employees with disabilities are exempt from Nevada’s minimum wage requirements. NV Statute”‚608.250(f)



Trainees

Nevada minimum wage laws do not allow employers to pay trainees a subminimum wage rate that is less than the standard minimum wage.



Apprentices

Nevada minimum wage laws do not allow employers to pay apprentices a subminimum wage rate that is less than the standard minimum wage. Minimum reasonable and profitable wages for apprentices in the construction industry are established by Nevada Apprenticeship Council. NV Admin. Code”‚610.490.



Learners

Nevada minimum wage laws do not allow employers to pay learners a subminimum wage rate that is less than the standard minimum wage.



Student learners

Nevada minimum wage laws do not allow employers to pay student learners a subminimum wage rate that is less than the standard minimum wage.



Student workers

Nevada minimum wage laws do not allow employers to pay student workers a subminimum wage rate that is less than the standard minimum wage.