Nevada Break Laws

April 8th 2024

Navigating employment regulations can be complex, particularly when it comes to ensuring compliance with state-specific labor laws. In Nevada, understanding break laws is essential for both employers and employees to foster a fair and productive workplace.

This comprehensive guide discusses the key provisions outlined in Nevada’s break laws.

This article covers:

Rest Break in Nevada

Employers in Nevada must provide rest breaks to employees working continuous hours of at least 4 hours. However, employees working less than 3.5 hours are not necessarily entitled to rest breaks. 

Nevada wage and hour regulations explain the rest break requirements of employees in the table below.

Number of 10-Minute Rest Periods  Rest Break Requirement
1 If the employee works at least 3.5 continuous hours but less than 7 continuous hours.
2 If the employee works at least 7 continuous hours but less than 11 continuous hours.
3 If the employee works at least 11 continuous hours but less than 15 continuous hours.
4 If the employee works at least 15 continuous hours but less than 19 continuous hours.

Meal Break in Nevada

According to Nevada Revised Statutes § 608.019, employers must provide a minimum of a 30-minute meal break for employees in Nevada working a continuous 8-hour shift. Employees during the meal period should be uninterrupted, free of all their duties, and may leave the workstation.

If meal periods are interrupted or the employee has to do work during the meal period, employers must compensate for the employee’s meal break.

Breastfeeding Break in Nevada

Nevada break law mandates that public and private employers must provide reasonable break times throughout the workday for employees who are nursing mothers. Breastfeeding breaks allow employees to pump breast milk. Other than a reasonable time, employers must also offer a private room other than a toilet room to express milk. 

However, if the accommodation would impose an undue financial hardship on the employer, the employee and employer may discuss potential alternatives. Moreover, employers who are contractors do not need to provide a pumping place other than a bathroom if the employee is working at a construction site or is located more than 3 miles from the regular place of employment.

Furthermore, employers in Nevada are not required to pay breastfeeding moms for the breastfeeding break unless there is a collective bargaining agreement that states otherwise.

Periods of Sleep in Nevada

Employees who work at a residential facility or agency that provides personal care services in the home are required to be on duty for 24 hours or more. In such cases, Nevada Revised Statutes § 608.0195 safeguards the well-being of these employees, and employers must grant an 8-hour sleeping period to employees. Both employers and employees may have a written agreement to exclude the 8-hour sleeping period from the employee’s wages.

However, if the sleeping period is interrupted by any call of service, the interruption must be counted as hours worked. If the employee provided services to such an extent that the sleeping period was less than 5 hours, the employee must be paid for the entire sleeping period.

Break Exemption in Nevada

Employees who are exempt from meal and break requirements include:

  • Business operations where only one person is employed at a particular workplace.
  • Employees under the provisions of a collective bargaining agreement.
  • The Labor Commission grants exemptions after the employer has provided sufficient evidence that the demands of the business make it impossible to offer employees break benefits.

Furthermore, Nevada break laws state that those employers seeking an exemption from the stipulated break requirements must obtain approval from the Office of the Labor Commissioner.

Break Obligations for Minor Employees in Nevada

Both federal and Nevada state laws aim to protect young employees aged under 18 from exploitation in the workplace. Hence, minor employees in Nevada are covered by the same meal and rest break requirements as adult employees. 

Penalties for Employers in Nevada Violating Break Laws

In Nevada, employers denying breaks and nursing areas are deemed to have committed a misdemeanor offense, punishable by 6 months imprisonment and fines reaching $1,000. Furthermore, non-compliant employers may face civil penalties of $5,000 for each violation.

Learn more about Nevada Labor Laws through our detailed guide.

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.