Understanding Nevada labor laws is essential for both employees and employers, especially when it comes to overtime pay. Nevada has unique overtime rules compared to most states, including daily overtime requirements, which can significantly impact wages.
This guide breaks down Nevada overtime laws 2026, including rates, eligibility, exemptions, and how overtime works in Nevada, so employers can stay compliant and employees can ensure they are paid fairly.
Nevada Overtime Laws Summary
| Nevada overtime law | Overtime applies at 1.5x the employee’s regular rate for:
If an employee earns 1.5x the state’s minimum wage, overtime applies only after 40 hours in a week |
| Nevada minimum wage | $12.00 per hour |
| Minimum overtime rate | $18.00 per hour |
| Comp time instead of overtime pay | Allowed |
| Salary threshold for overtime exemption | $684 per week |
This Article Covers
- Nevada Overtime Rates
- Overtime Entitlement in Nevada
- Overtime Pay for Tipped Employees in Nevada
- Nevada Overtime Laws for Salaried Employees
- Overtime Pay for Commissioned Employees in Nevada
- Overtime Exemptions in Nevada
- Comp Time and Nevada Overtime Rules
- Penalties for Violations of Nevada Overtime Laws
Nevada Overtime Rates
In Nevada, employees must be paid an overtime rate of 1.5 times their regular pay rate for any overtime hours worked.
The minimum wage for employees in Nevada is $12.00. This means that the overtime rate would be $18.00 per hour.
In Nevada, overtime is calculated for:
- Any hours worked over eight hours in a day (daily overtime)
- Any hours worked over 40 hours in a workweek (weekly overtime)
If an employee earns at least 1.5 times the state minimum wage, i.e., $18.00 per hour, overtime only applies after 40 hours in a workweek (not daily).
If an employee and their employer agree to a 4-day, 10-hour schedule in a workweek, the employee cannot earn overtime for working more than eight hours in a day.
Explore your overtime rights in Nevada in detail.
Overtime Entitlement in Nevada
According to Nevada overtime laws, overtime pay is required for any non-exempt employees.
Employees in non-exempt industries who make less than $684 per week ($35,568 annually) are entitled to overtime compensation. However, an employee’s overall eligibility for overtime pay is based on job duties or the business they are involved in.
Read more about overtime exemptions in Nevada.
Overtime Pay for Tipped Employees in Nevada
The overtime rate for tipped employees is 1.5 times their regular hourly wage for every overtime hour worked.
The use of a “tip credit” system, which allows employers to pay tipped employees a reduced minimum wage, is not permitted in Nevada. Employers must pay tipped employees a minimum wage of $12.00 per hour, before any tips earned.
Overtime will be calculated on the full minimum wage.
Nevada Overtime Laws for Salaried Employees
In Nevada, only certain salaried employees have the right to receive overtime pay. A salaried employee is an individual who receives a predetermined salary, regardless of the actual hours worked. This means that even if they work more than the hours their salary compensates for, they are still entitled to additional compensation for their extra hours.
To determine a salaried employee’s overtime rate, an employer must first determine the employee’s hourly rate by dividing the salary by the number of hours that the salary compensates for.
Then, take the hourly pay rate to calculate the overtime pay for salaried employees using the following formula:
Overtime pay = Hourly pay rate x Overtime rate (1.5) x Overtime hours
It is important to note that if an employee’s salary covers less than 40 hours in a workweek, their regular rate will be added for every subsequent hour worked up to 40. Only after 40 hours will overtime be counted at a time-and-a-half rate.
If an employee’s salary covers 40 hours in a workweek, then time-and-a-half will be paid for any hours over 40.
Explore salaried employee rights in Nevada.
Overtime Pay for Commissioned Employees in Nevada
In Nevada, employees who may receive commissions are still entitled to overtime pay, although the rate may differ.
If an employee receives weekly commissions, the commission will be combined with the employee’s weekly wage to get the total earnings for the week. The amount is then divided by the total number of hours worked in the week to determine the regular hourly rate for that week.
For any hours worked beyond 40 per week, the employee must be paid additional compensation at a rate of half of the regular hourly rate.
For example, let’s say an employee works 45 hours a week at a rate of $12/hour and receives $50 in commissions for that week.
(Total hours x Hourly rate) + Commission
= (45 x 12) + 50
= $590.00 (total earnings for the week)
Then, divide that by the total hours worked in the week.
= 590 / 45
=$13.11 (new regular hourly rate)
To determine the overtime rate for the commissioned employees, we need to take that new regular hourly rate and halve it.
$13.11 / 2
= $6.56 per hour
Since the employee worked an extra five hours in the week, their overtime compensation will be: $6.56 x 5 hours = $32.80
The overtime premium amount will vary according to the hours worked, hourly rate, and commission earned.
Learn how to calculate overtime in Nevada with calculation examples for different types of employees.
Overtime Exemptions in Nevada
In Nevada, employees in white-collar positions who earn a minimum of $684 per week are not eligible for overtime compensation under the FLSA rules. These include administrative, executive, and professional workers.
Nevada overtime laws also exempt other professions from receiving overtime pay, which include:
- Employees not covered by Nevada’s minimum wage law
- Outside buyers
- Independent contractors
- Employees under collective bargaining agreements with different overtime terms
- Retail and service employees earning more than 1.5× minimum wage, and mainly paid by commissions
- Drivers, helpers, loaders, and mechanics for motor carriers subject to federal law
- Railroad and airline employees
- Local delivery drivers paid on a trip basis
- Taxicab and limousine drivers
- Agricultural employees
- Mechanics and salespeople, primarily engaged in selling or servicing automobiles, trucks, and farm equipment
- Employees working for businesses with annual sales under $250,000
- Domestic workers or live-in household employees, if they and their employer agree in writing to waive overtime
Comp Time and Nevada Overtime Rules
Nevada allows comp time instead of overtime pay if agreed in advance, with strict rules on usage, accrual caps, and payout options. Special provisions apply to law enforcement, firefighters, and victims of domestic violence.
Employees must sign an Election of Compensatory Time form to receive comp time instead of overtime pay under Nevada overtime laws. Comp time is earned at 1.5 hours of leave for each overtime hour worked.
Comp time can be earned for overtime when an employee works:
- Over eight hours in a day or in any 16‑hour period, or
- Over 40 hours a week (if on a variable schedule)
Most employees in Nevada can accrue up to 240 hours of comp time. However, law enforcement, firefighters, emergency responders, and seasonal workers can accumulate up to 480 hours of comp time.
Without a special agreement, employees cannot accrue more than 120 hours (with a maximum of 240 if agreed).
An employee’s request to use comp time off with at least two weeks’ notice cannot be unreasonably denied. Employees must use comp time before annual leave.
Employees with more than 60 hours of comp time may request cash payment for the excess hours.
Employees with at least 90 days of service may take up to 160 hours of leave (including comp time, annual leave, sick leave, or unpaid leave) in a 12‑month period if they or a household member are victims of domestic violence. This leave can be used for medical care, counseling, court proceedings, or safety planning.
Penalties for Violations of Nevada Overtime Laws
Nevada law allowed employees to file a civil lawsuit against their employers for unpaid wages within two years. If the employee sues for unpaid wages and wins, the employer may be ordered to:
- Pay back owed wages plus penalties
- Pay reasonable attorney’s fees
To qualify, the employee must have made a written demand at least five days before filing suit for the amount claimed.
Important Cautionary Note
This content is provided for informational purposes only. While we make every effort to ensure the accuracy of the information presented, we cannot guarantee that it is free of errors or omissions. Users are advised to independently verify any critical information and should not solely rely on the content provided.
