Hours worked
Nevada law requires employers to pay employees for each hour the employee works. NV Statute 608.016 Hours worked includes all time employees work at the direction of their employer, including any time an employee works outside of their scheduled shift. NV Admin Code 608.115(1)
Employers are required to pay employees for all hours worked regardless of the manner in which employees are paid, whether it is by hourly rate, salary, piece rate, or any other manner of payment. NV Admin Code 608.115(2) Employers must pay employees for all hours worked during a trial or break-in period. NV Statute 608.016 Time take by an employee as paid time-off, e.g., vacation days, sick days, or holidays, does not count as hours worked. NV Admin Code 608.115(3)
Workweek
Nevada law defines a workweek as seven (7) consecutive 24-hour periods that may begin on day of the week and at any time of the day. NV Statutes 608.0126.
Waiting time
Nevada’s minimum wage law does not address when an employer must count time spent by an employee waiting as hours worked for purposes of minimum wage and overtime requirements. Because most employers and employees in Nebraska are subject to the federal Fair Labor Standards Act, the standards set forth in that law related to waiting time may provide reasonable guidance.
On-call time
Nevada’s minimum wage law does not address when an employer must count time spent by an employee on-call as hours worked for purposes of minimum wage and overtime requirements. Because most employers and employees in Nevada are subject to the federal Fair Labor Standards Act, the standards set forth in that law related to on-call time may provide reasonable guidance.
Sleeping time
Residential facilities
Nevada’s minimum wage law has sleeping time rules for employees:
- who are on duty at residential facilities for groups of similarly situated persons who require supervision, care, or other assistance from employees at the residential facility; and
- of agencies to provide personal care services in the home who is on duty.
For purposes of sleeping time rules for residential facilities, residential facilities include:
- A dormitory, any structure similar to a dormitory or any structure similar to a private residence in which a group of similarly situated persons reside for the purpose of receiving supervision, care or other assistance from employees on duty at the residential facility and may include a studio apartment for the use of the employees.
- any structure that provides residential living for the children and employees or programs to address emotional or behavioral problems,
The sleeping time rules for residential facilities do not apply to firefighters, members of rescue or emergency services crews, peace officers, or correctional officers.
If an employee is required to be on duty for 24 hours or more, the employer and employee may agree in writing to exclude from the employee’s wages a regularly scheduled sleeping period not to exceed eight (8) hours if the employer provides the employee with adequate sleeping facilities.
If the employer and employee have agreed in writing to allow the employee to sleep for up to eight (8) hours, employers must count any interruptions to the employee’s sleep as hours worked. Additionally, an employee’s sleeping period is interrupted to such an extent that the sleeping period is less than five (5) hours, the employer must pay the employee for the entire sleeping period.
For purposes of sleeping time rules for residential facilities, a group of similarly situated persons include:
- persons with mental illnesses
- persons with physical disabilities
- persons with intellectual disabilities
- persons who are elderly
- persons who are recovering from alcohol or substances use disorders
- children in foster care
- children who are in programs to address emotional or behavioral problems
Non-residential facilities
Nevada labor laws do not address when an employer must count time spent by an employee sleeping as hours worked for purposes of minimum wage and overtime requirements. Because most employers and employees in Nebraska are subject to the federal Fair Labor Standards Act, the standards set forth in that law related to sleeping time may provide reasonable guidance.
Travel time
Nevada law requires employers to count time spent by employees traveling as hours worked if:
- employees travel between work sites during a workday; or
- employees provides transportation to other employees on behalf of their employer who offers the transportation to employees for their convenience.
Employers are not required to pay employees for normally commuting time regardless of whether the employees work at the same location each day or at different locations. NV Admin. Code 608.130(2)(b)
Nevada law does not address any other instances when an employer may be required to pay employees for travel time. Because most employers and employees in Nevada are subject to the federal Fair Labor Standards Act, the standards set forth by the federal Fair Labor Standards Act related to travel time may provide reasonable guidance
Meeting, lecture, and training time
Nevada law requires employers to count time spent by employees in training as hours worked if the employers require the employees to attend the training. Employers are not required to pay employees for training time if it is required by a governmental agency or an entity other than the employer, regardless of whether the training needs the training to maintain eligibility to work in a particular job or at a particular level. NV Admin. Code 608.130(3)
Nevada law does not address any other instances when an employer may be required to pay employees for time spent at meetings, lectures, or training. Because most employers and employees in Nevada are subject to the federal Fair Labor Standards Act, the standards set forth by the federal Fair Labor Standards Act related to meeting, lecture, and training time may provide reasonable guidance.
Show up or reporting time
Nevada law does not require employers to pay employees for reporting or showing up to work if no work is performed. An employer is also not required to pay an employee a minimum number of hours if the employer dismisses the employee from work prior to completing their scheduled shift. Employers are only required to pay employees for hours actually worked.
