Employment and Labor Laws

Nevada

Nevada Minimum Wage Laws – 2022

The current Nevada minimum wage rate is $8.75 for employees who receive qualifying health benefits and $9.75 for those that do not receive qualifying health benefits. Employers are required to pay employees Nevada’s minimum wage rate for every hour worked unless the employer or employee is exempt by state or federal law. Regarding the tip wage rate, Nevada does not allow employers to pay employees who earn tips a tipped minimum wage rate lower than the standard minimum wage rates. Additionally, Nevada’s laws may allow employers, in limited situations, pay certain employees a subminimum wage.


Minimum wage

Nevada’s current minimum wage is $8.75 for employees who are offered qualifying health benefits. It is $9.75 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 Commission – Minimum Wage.

In subsequent years, Nevada’s minimum wage will increase as follows:

If the employer provides health benefits:

  • July 1, 2022 – $9.50
  • July 1, 2023 – $10.25
  • July 1, 2024 – $11.00

If the employer does not provide health benefits:

  • July 1, 2022 – $10.50
  • July 1, 2023 – $11.25
  • July 1, 2024 – $12.00

NV Statute 608.250; NV Labor Commission – Minimum Wage

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 Nevada statute 608.250 will supersede the annual minimum wage increase until 2025. NV Statute 608.250; NV Labor Commission – Minimum Wage

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; NV Statute 608.160


Tip pooling and sharing

Nevada minimum wage laws allow employees to enter into agreements to divide tips or gratuities amount themselves. NV Statute 608.160 Also, employers may required employees to participate in tip pools that include employees of different ranks if:

  • all tips are distributed amongst the employees, and
  • the employer does not keep any portion of the tips for themselves.

Wynn Las Vegas, LLC v. Baldonado, 311 P.3d 1179 (Nev. 2013); NV Labor Commission – Tip Pooling


Subminimum wage

Employees with disabilities

Nevada minimum wage laws allow employers to pay employees a subminimum wage rate lower than the standard minimum wage when the employee with a developmental disability participates in a jobs and day training services program that have received certificates from the Division of Public and Behavioral Health of the Department of Health and Human Services. Such employees with disabilities are exempt from Nevada’s minimum wage requirements. NV Statute 608.255; NV Admin. Code 608.200


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.


Other State’s Minimum Wage Information

AlabamaHawaiiMassachusettsNew MexicoSouth Dakota
AlaskaIdahoMichiganNew YorkTennessee
ArizonaIllinoisMinnesotaNorth CarolinaTexas
ArkansasIndianaMississippiNorth DakotaUtah
CaliforniaIowaMissouriOhioVermont
ColoradoKansasMontanaOklahomaVirginia
ConnecticutKentuckyNebraskaOregonWashington
DelawareLouisianaNevadaPennsylvaniaWest Virginia
District of ColumbiaMaineNew HampshireRhode IslandWisconsin
FloridaMarylandNew JerseySouth CarolinaWyoming
Georgia

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