Nevada’s current minimum wage is $8.75 for employers who provide employees with a qualifying health benefit. This rate is $9.75 for employees who do not provide a qualifying health benefit.
Nevada law states that businesses are not allowed to pay tipped employees a lower minimum wage than non-tipped employees. Moreover, there are situations where employers may pay a sub-minimum wage to specific employees, such as those with disabilities who are not as efficient as non-disabled people.
For more information on Nevada’s minimum wage laws, visit our Nevada Minimum Wage Laws page, which includes topics such as minimum wage, tip minimum wage, tip sharing and pooling, and subminimum wages.
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Nevada labor laws require employers to pay overtime at the rate of 1½ times an employee’s regular rate for all hours worked in excess of 40 hours in a workweek to all employees, unless otherwise exempt. Additionally, employers must pay overtime at the rate of 1½ times an employee’s regular rate for all hours worked in excess of 8 in a workday to employees who are compensated at less than 1½ times Nevada’s minimum wage, unless otherwise exempt. NV Statute 608.018. See FLSA: Overtime for more information regarding overtime requirements.
Under certain circumstances, employers in Nevada may be required to pay residents wage rates established by the federal or state prevailing wage rates and rules. The prevailing wage rates may be different from the state’s standard minimum wage rates. Employees may be eligible for prevailing wages if they work on federal or state government or government-funded construction projects or perform certain federal or state government services. See the Nevada Prevailing Wages, Davis-Bacon and Related Acts, McNamara-O’Hara Service Contract Act (SCA), and Walsh-Healey Public Contracts Act (PCA) for more information about prevailing wages.
Meals and Breaks
Nevada labor laws require employers to provide employees a meal period of at least thirty (30) minutes when working for a continuous period of eight (8) hours. Employers must provide employees a break of a minimum of ten (10) minutes for each four (4) hours worked or major fraction thereof. Employers do not need to provide a break to employees working less that three and a half (3½) hours. The break must be paid. NV Statute 608.019.
Nevada wage and hour regulations explain the break requirement as follows:
An employee that works at least three and a half (3½) continuous hours is permitted:
- One (1) 10-minute rest period if the employee works at least three and a half (3½) continuous hours and less than 7 continuous hours;
- Two (2) 10-minute rest periods if the employee works at least seven (7) continuous hours and less than eleven (11) continuous hours;
- Three (3) 10-minute rest periods if the employee works at least eleven (11) continuous hours and less than fifteen (15) continuous hours; or
- Four (4) 10-minute rest periods if the employee works at least fifteen (15) continuous hours and less than nineteen (19) continuous hours.
Exceptions to the meal and break requirements include:
- Situations where only one person is employed at a particular place of employment.
- Employees included within the provisions of a collective bargaining agreement.
- Exemptions granted by the Labor Commission after the employer has shown sufficient evidence that business necessity precludes providing such benefits.
An employee may voluntarily agree to forgo any rest or meal period. Nev. Admin. Code 608.145.
Nursing Mother Breaks
Nevada labor laws require employers to allow employees who are nursing mothers with children under one (1) year of age to take reasonable breaks, with or without compensation to express breast milk. Unless it causes undue hardship, the employer must provide employees who are expressing breast milk with a place to express breast milk that is:
- not a bathroom
- reasonably free from dirt or pollution
- protects the employee from the view of others
- protects the employee from intrusion by others
Employers with fewer than 50 employees are not required to provide nursing mother breaks if allowing the breaks would impose an undue hardship on the employer, considering the size, financial resources, nature and structure of the business of the employer. Employers with 50 or more employees that determine that providing nursing mother breaks will impose an undue hardship must meet with the employee to agree to reasonable alternatives. If the parties cannot agree to reasonable alternatives, the employer may require the employee to comply with the employer’s alternatives.
Employer may not retaliate against employees for taking breaks to express breast milk or taking any action to require the employer to enforce the nursing mother break rules.
If a company has 50 or more employees, Nevada law states the company must provide employees with at least 0.01923 hours of paid leave for each hour worked. Paid vacation leave hours may be accrued over a year, and up to 40 hours may carry over from one year to the next.
However, if a company has fewer than 50 employees, Nevada law does not require them to give workers vacation benefits, whether unpaid or paid. Therefore, a business may lawfully create a policy or contract that does not compensate for accumulated vacation time upon the end of the contract or employment.
An employer can create a contract or policy on not paying workers for accrued vacation time if specific requirements are not met. However, if the employment contract does not mention it, a business must compensate for accumulated vacation time at the end of the contract or employment.
If the contract requires it, a business must compensate accumulated vacation time to an employee at the end of the contract or employment. An employer has the right to limit the amount of time for a vacation that an employee can accrue over a specific time. A use-it or lose-it policy may be implemented.
Information about Nevada vacation leave laws may now be found on our Nevada Leave Laws page.
Nevada does not obligate employers to give workers sick leave. However, they may require employees to notify them if they will be unable to work due to injury or sickness. Employees may not be physically present to provide this notice.
If a business in Nevada provides paid or unpaid sick leave, it must adhere to the employment contract or established sick leave policy unless otherwise stated in the contract. A Nevada employer is also not required to pay accrued sick leave hours at the end of the contract or separation from employment.
Information about Nevada sick leave laws may now be found on our Nevada Leave Laws page.
Private employers in Nevada are not required to provide holiday leave if they choose. Moreover, a private employer may require an employee to work on holidays but is not required to pay workers additional for holiday work unless these hours qualify for overtime hours set out by federal guidelines.
If a business provides unpaid or paid holiday leave for employees, it must adhere to the conditions set out in the employment contract or holiday leave policy. There are also Nevada state holidays that may apply to holiday leave guidelines.
Information about Nevada holiday leave laws may now be found on our Nevada Leave Laws page.
Jury Duty Leave
An employer must allow an employee to answer a jury duty summons. However, they are not obligated to compensate workers for the time taken off to serve on a jury.
Moreover, an employer may not discharge an employee or threaten an employee with discharge for responding to any such obligations. An employer may not require a worker to use vacation or sick time for jury duty.
An employer may also not require an employee to work within eight hours before jury duty starts or work between 5:00 p.m. on the day of the appearance and 3:00 a.m. on the following day if jury duty lasted more than four hours in a single day.
Information about Nevada jury duty leave laws may now be found on our Nevada Leave Laws page.
Nevada law states that employers must provide paid voting leave to employees who cannot vote before or after work. In addition, an employer must give an employee one hour of paid voting time if the voting place is 2 miles or less from the workplace.
If the voting place is more than 2 but not more than 10 miles, two hours of paid voting time are required. If the voting place is more than 10 miles from the workplace, three hours of paid voting time are needed. However, an employer can require that employees request this leave the day before the election.
The employer may set the time during which the employee goes to vote. An employer violating these laws faces a fine of up to $1,000, 180 days of jail time, or both.
Information about Nevada voting leave laws may now be found on our Nevada Leave Laws page.
Nevada labor laws do 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.
Workers in Nevada are eligible for unemployment benefits if various requirements are met. First, the worker must be unemployed due to no fault of their own. If they quit their job, it must be for a legally valid reason. If losing your job was their fault, they will not qualify. Furthermore, they must actively seek employment, be available to work and be able to work.
Under certain circumstances, Nevada residents may be eligible for unemployment benefits while they search for another job. You are required to certify that you are unemployed on a weekly basis to receive these benefits. See Nevada State Unemployment Benefits.