Executive exemption
Nevada exempts executive employees from its overtime requirements. To qualify for the executive employee exemption, an employee must meet the requirements established under the federal Fair Labor Standards Act and its related regulations. NV Statute 608.018(3)(d); NV Admin. Code 608.125(3)
Administrative exemption
Nevada exempts administrative employees from its overtime requirements. To qualify for the administrative employee exemption, an employee must meet the requirements established under the federal Fair Labor Standards Act and its related regulations. NV Statute 608.018(3)(d); NV Admin. Code 608.125(3)
Professional exemption
Nevada exempts professional employees from its overtime requirements. NV Statute 608.018(3)(d) To qualify for the exemption, employees must:
- be licensed or certified by Nevada to practice law or any profession regulated by Nevada Statutes 623-645, 645G, and 656A; or
- be a creative professional as defined by the Fair Labor Standards Act, not including an employee of a contractor as defined by NV Statute 624.020.
Outside salesman exemption
Nevada law does not exempt outside salesmen from its minimum wage or overtime requirements.
Computer employee exemption
Nevada law does not exempt computer systems analysts, computer programmers, software engineers, or other similarly skilled workers from its minimum wage or overtime requirements.
Other minimum wage and overtime exemptions
Nevada law exempts the following from both its minimum wage and overtime requirements:
- independent contractors.
NV Statute 608.250; NV Statute 608.0155
Overtime only exemptions
Nevada law exempts the following from only its overtime requirements. Employers in these situation must comply with any minimum wage requirements:
- outside buyers;
- employees in retail or service business so long as they are paid 1½ times the standard minimum wage and more than half of their compensation comes from commissions on goods or services (the representative period for determining if employees qualify for this exemption cannot be less than one (1) month);
- employees who are covered by a collective bargaining agreement that contains different overtime requirements;
- drivers, drivers’ helpers, loaders, and mechanics who work for motor carriers subject to the federal Motor Carrier Act;
- employees of railroads;
- employees of air carriers;
- drivers or drivers’ helpers who make local deliveries and who are paid on a trip basis or other delivery payment plan;
- drivers of taxicabs or limousines;
- agricultural employees;
- employees who work for businesses with gross annual sales volumes less than $250,000;
- salespersons or mechanics primarily engaged in selling or servicing automobiles, trucks, or farm equipment;
- mechanics or workers for any hours to which prevailing wage rates apply pursuant to NV Statute 338.020
- domestic workers, as defined in NV Statute 613.620, who resides in the household where he or she works if the domestic worker and his or her employer agree in writing to exempt the domestic worker from overtime obligations; and
- domestic service employees, as defined in NV Statute 608.009, who resides in the household where he or she works if the domestic service employee and his or her employer agree in writing to exempt the domestic service employee from overtime obligations.
