Nevada, like many other states in the US, has specific statutes governing overtime compensation, designed to safeguard the interests of workers and ensure fair labor practices.
This article provides a comprehensive overview of employees’ overtime rights in Nevada. Whether you are an employer striving to comply with labor laws or an employee seeking clarity on your entitlements, this article serves as a valuable resource to understand Nevada overtime rights.
This Article Covers
Understanding Overtime in Nevada
- Is overtime pay mandatory in Nevada?
- When do I qualify for overtime pay in Nevada?
- How much is overtime pay in Nevada?
- Which laws govern overtime in Nevada?
Common Questions About Overtime in Nevada
- Do employers have to pay overtime in Nevada?
- Can an employee refuse to work overtime in Nevada?
- Can I take comp time instead of overtime pay in Nevada?
- Can I get overtime pay in Nevada without employer approval?
- Does Nevada have double-time pay?
- What is working ‘off-the-clock’ in Nevada?
- What are common ways employers avoid paying overtime in Nevada?
Legal Working Hours in Nevada
- Can you work seven days in a row in Nevada?
- How many ten-hour days can you work in a row in Nevada?
- What are full-time hours in Nevada?
- How many hours straight can you legally work in Nevada?
- Is overtime after eight hours or 40 hours in Nevada?
- Does working on the weekend qualify for overtime pay in Nevada?
- How many hours-off between shifts is required in Nevada?
- What does ‘hours-worked’ include in Nevada?
- What is the most hours a salaried employee can work in Nevada?
- What is the maximum number of hours an hourly employee can work in Nevada?
Overtime Eligibility in Nevada
- Who is eligible for overtime pay in Nevada?
- Who is exempt from overtime pay in Nevada?
- Can salaried employees get overtime pay in Nevada?
Overtime Payment Calculations in Nevada
- What is my regular rate of pay in Nevada?
- How do you calculate overtime in Nevada?
- How is overtime taxed in Nevada?
Receiving Overtime Payment in Nevada
Violations of Overtime Law in Nevada
- What if my employer refuses to pay me overtime in Nevada?
- What is the penalty for failing to pay overtime in Nevada?
- How can I file a wage claim for overtime in Nevada?
- Can employers retaliate against employees for making a wage claim in Nevada?
Understanding Overtime in Nevada
Is overtime pay mandatory in Nevada?
In Nevada, employers must pay eligible employees overtime compensation for any hours worked beyond a specified threshold within a workweek. Eligible employees must be compensated at one-and-a-half times their regular hourly wage for each hour worked beyond 40 hours in a workweek.
Employers who fail to adhere to Nevada overtime laws may face penalties, including back pay owed to employees and potential legal action. Employees who are owed overtime pay may consider filing a wage and hour claim with the Nevada Office of the Labor Commissioner.
When do I qualify for overtime pay in Nevada?
In Nevada, covered non-exempt employees must receive overtime pay for hours worked over 40 per workweek. There are two scenarios in which eligible employees are qualified for overtime pay in Nevada:
- Working more than 8 hours in 24 hours (daily overtime).
- Working over 40 hours in a regular workweek.
Employees earning below the salary threshold are entitled to overtime pay only when they work more than 40 hours in a workweek.
Some employees are exempt from overtime pay requirements under state and federal law. These exemptions apply to executive, administrative, professional, and outside sales employees who meet specific criteria related to their job duties, responsibilities, and salary level.
How much is overtime pay in Nevada?
In Nevada, overtime pay is calculated at a rate of 1.5 times the employee’s regular rate for each hour worked beyond 40 hours in a workweek. The terms of the overtime rate depend on the wage an employee earns.
The current minimum wage in Nevada is $10.25 for employees with health benefits and $11.25 for employees without health benefits. This means that the overtime rate for minimum wage earners in Nevada would be $15.38 and $16.88 respectively. These calculations are subject to change as the state is scheduled to implement a minimum wage increase of $1, with or without health insurance, on the 1st of July 2024.
Employers must review Nevada’s minimum wage annually as it increases by the percentage the cost of living has changed from the prior year.
Which laws govern overtime in Nevada?
Employees in Nevada are entitled to compensation for every hour of work they have performed. Under federal and state laws, employees are entitled to receive payment for working overtime, unless they are classified as exempt employees.
The federal Fair Labor Standards Act (FLSA) and the Nevada Administrative Code 608 govern overtime in Nevada. If a provision in the state and federal laws differ, employers must follow the one that is more favorable to the employee. Under the FLSA:
- All non-exempt employees can receive overtime pay for every hour over 40 worked in a workweek.
- Employees must receive at least one-and-a-half of their regular pay rate.
- Overtime pay is not mandatory for work on weekends or holidays unless overtime falls on those days.
- These rules are based on a workweek, which is seven consecutive 24-hour periods. Employers can establish the workweek for their employees; it does not need to align with the calendar week.
State laws in Nevada offer more benefits and protections than the federal laws. Under the Nevada Administrative Code 608, employees are entitled to overtime pay if they work more than 40 hours in a workweek or more than 8 hours in any workday unless there is a mutual agreement with the employee to work 10 hours for 4 calendar days within any scheduled workweek.
Common Questions About Overtime in Nevada
Do employers have to pay overtime in Nevada?
Employers in Nevada are required to pay overtime compensation to eligible employees. Eligible employees are those not classified as exempt from the overtime provisions of the FLSA and Nevada state laws. Overtime pay must be compensated at one-and-a-half times the employee’s regular hourly rate.
Can an employee refuse to work overtime in Nevada?
Yes, employees in Nevada have a general right to refuse overtime work. However, there are exceptions to an employee’s general right to refuse overtime work, especially if the refusal would create an undue hardship for the employer or if the refusal violates specific terms outlined in an employment contract, collective bargaining agreement, or company policy. In this instance, the employer may take disciplinary action.
In addition, employees who exercise their right to refuse overtime work within the bounds of any applicable employment agreements should not face discrimination or retaliation for exercising their right.
Can I take comp time instead of overtime pay in Nevada?
Yes, employers in Nevada can compensate for time worked as comp time. The comp time provided must be equivalent to the overtime rate.
To receive compensatory time instead of overtime pay, an employee must fill out and sign an Election of Compensatory Time form. Comp time is granted for hours worked beyond either eight hours in a single day or eight hours within any 16-hour period. However, if an employee submits a Request for Viable Workday Schedule form, compensatory time is granted for hours worked beyond 40 in a week. Accumulation of compensatory time is granted for hours worked beyond 40 in a week.
Accrued compensatory time is capped at 120 hours, unless both the employee and the appointing authority agree to an arrangement not exceeding 240 hours. Certain occupations, such as those in law enforcement or firefighters, may follow alternative guidelines for compensatory time calculation, as mandated by federal and state laws.
Can I get overtime pay in Nevada without employer approval?
According to NRS 284.180.10, in Nevada, all overtime must be approved in advance by the appointing authority or their designee. Employees in Nevada cannot receive overtime pay without their employer’s approval.
It is up to the employer’s discretion to authorize and pay for the additional hours worked beyond the standard 40 hours in a workweek. Employers may still pay for the unauthorized overtime but they could also potentially take disciplinary action against you for working unauthorized overtime.
Does Nevada have double-time pay?
Double-time pay means paying employees twice their regular hourly rate for hours worked beyond a certain threshold, such as working on holidays or exceeding a certain number of hours in a single workday. Nevada state law does not mandate double-time pay for overtime hours worked. Overtime hours in Nevada are compensated at 1.5 times. However, some employers may choose to offer double-time pay as a part of their employment policies or collective bargaining agreements.
What is working ‘off-the-clock’ in Nevada?
Working ‘off-the-clock’ in Nevada refers to performing work-related tasks or duties outside your regular working hours or without recording the time spent on those tasks. This can include tasks such as responding to emails, taking work-related phone calls, attending meetings, or completing assignments outside of scheduled work hours.
Employers who require or allow employees to work off-the-clock without compensation may be violating labor laws and could face penalties.
What are common ways employers avoid paying overtime in Nevada?
While most employers in Nevada comply with overtime pay laws, some may attempt to avoid paying overtime through various practices, intentionally or unintentionally. Some common ways employers may try to avoid paying overtime include:
- Misclassifying employees: Employers may misclassify employees as exempt from overtime when they should be classified as non-exempt. This misclassification may occur by incorrectly labeling employees as independent contractors, salaried exempt employees, or by improperly applying exemptions such as executive, administrative, or professional exemptions under the FLSA.
- Off-the-clock work: Some employers may pressure or require employees to work off-the-clock, meaning they perform work-related tasks without recording the time or receiving overtime pay for those hours. This can include tasks like answering emails, attending meetings, or completing assignments outside of scheduled work hours.
- Splitting workweeks: Employers may attempt to split a workweek to avoid paying overtime. For example, they might schedule an employee for two separate shifts in the same workweek, each under 40 hours, to avoid triggering overtime requirements.
- Fluctuating workweek method: Some employers may improperly use the fluctuating workweek method to calculate overtime pay for salaried non-exempt employees. This method involves paying a fixed salary regardless of the number of hours worked and then paying a half-time rate for hours worked over 40 in a workweek. However, this method must meet specific legal requirements to be valid.
Legal Working Hours in Nevada
Can you work seven days in a row in Nevada?
Employees in Nevada are entitled to one day of rest every seven consecutive days. This means that employers must provide employees with at least one day of rest every seven days. However, there are exceptions to this rule, such as for employees working in certain industries like healthcare, transportation, or emergency services.
How many ten-hour days can you work in a row in Nevada?
In Nevada, no specific law limiting the number of consecutive ten-hour workdays an employee can work. However, an employee can work 10 hours per day for 4 calendar days within any scheduled week of work if agreed by mutual agreement. Employers must comply with regulations regarding mandatory rest periods and overtime pay.
What are full-time hours in Nevada?
Nevada has no specific legal definition of “full-time hours.” The full-time hours are set by employers on their company policies, or based on industry standards, or collective bargaining agreements where applicable.
Generally, full-time employment is commonly defined as working a standard schedule between 32 and 40 hours per workweek.
How many hours straight can you legally work in Nevada?
Nevada does not limit the number of consecutive hours an employee can work in a single shift. However, those under 16 may not work more than 8 hours in one day or 48 hours within a workweek.
Is overtime after eight hours or 40 hours in Nevada?
In Nevada, overtime pay is required for hours worked beyond 40 in a workweek or 8 hours within a 24-hour timeframe. This means that once an employee works more than the mentioned hours, they are entitled to overtime pay at a rate of 1.5 times their regular pay rate for all additional hours worked.
Does working on the weekend qualify for overtime pay in Nevada?
Working on the weekend does not qualify for overtime pay in Nevada; an employee must have worked over 40 hours in one workweek to qualify for the hours worked during the weekend as overtime.
If an employee works on the weekend and their total hours worked in the day exceed 8 hours, they are entitled to daily overtime pay.
How many hours-off between shifts is required in Nevada?
There is no specific law that mandates a minimum number of hours off between shits for adult employees. However, there are regulations in certain industries or for specific types of employment that may establish minimum rest periods between shifts to ensure employee health, safety, and well-being.
What does ‘hours-worked’ include in Nevada?
In Nevada, ‘hours worked’ includes all time that an employee is required to be on duty or at a prescribed workplace, as well as any time during which an employee is allowed or permitted to work. This includes:
- Actual time spent performing job duties.
- Time spent waiting for work assignments or waiting for equipment, and if the employee is required to remain on the employer’s premises or at a prescribed workplace.
- Required to remain on-call at the workplace or another specified location.
- Time spent traveling during work.
- Short rest breaks of 20 minutes or less are considered worked hours and must be compensated.
What are the most hours a salaried employee can work in Nevada?
Nevada does not have a specific maximum number of hours salaried employees can work per day or week. While there are no legal limits, employers must provide breaks or rest periods to ensure employee health and safety.
Nonetheless, employers should comply with overtime pay requirements for non-exempt salaried employees who work more than 8 hours in 24 hours or over 40 hours in a workweek.
Learn more about Your Rights as a Salaried Employee in Nevada.
What is the maximum number of hours an hourly employee can work in Nevada?
Nevada does not have a specific limit on the maximum number of hours an hourly employee can work in a day or week. However, non-exempt employees are entitled to overtime pay for all hours worked beyond 8 hours in 24 hours or over 40 hours in a regular workweek.
Furthermore, certain industries or professions may have specific regulations or labor agreements that govern maximum hours of work, breaks, or other working conditions.
Learn more about Your Rights as an Hourly Employee in Nevada.
Overtime Eligibility in Nevada
Who is eligible for overtime pay in Nevada?
Most employees in Nevada are eligible for overtime pay if they work more than 40 hours in a workweek. However, there are exemptions for certain types of employees, such as executives, administrators, professionals, and outside salespersons. These exemptions are based on specific criteria outlined by the FLSA and Nevada labor laws.
Who is exempt from overtime pay in Nevada?
In Nevada, some salaried employees are exempted from overtime pay. Generally, employees in white-collar jobs earning a minimum of $684 per week are not eligible for overtime compensation. Here are some common exemptions from overtime pay in Nevada:
- Salary Basis: Exempt employees are paid a predetermined, fixed salary that is not subject to reduction based on the quantity or quality of work performed. Such employees must meet or exceed the minimum salary threshold set by federal law, which is $684 weekly ($35,568 annually). Employers must note that salary thresholds are subject to change.
- Executive Exemption: This exemption applies to employees whose primary duties involve managing the enterprise or customarily recognized department. Such employees must also direct the work of at least two or more full-time employees and have the authority to hire or fire employees, or their suggestions and recommendations as to hiring, firing, advancement, promotion, or other change of status are given particular weight.
- Administrative Exemption: Employees qualify for this exemption if their primary duties involve office or non-manual work directly related to management or general business operations and include the exercise of discretion and independent judgment on significant matters.
- Professional Exemption: This exemption applies to employees who perform work requiring advanced knowledge in a field of science or learning that is customarily acquired by prolonged specialized instruction or study. This category includes doctors, lawyers, engineers, and accountants.
- Computer Employee Exemption: Employees engaged in computer-related occupations may be exempt if they meet certain criteria regarding their job duties, compensation, and qualifications.
- Outside Sales Exemption: Employees whose primary duties involve making sales or obtaining orders or contracts for services or for the use of facilities are exempt from overtime pay requirements. Such employees must be paid on a salary or commission-based structure and should not spend more than 20% of their work hours doing duties other than sales.
- Highly Compensated Employee Exemption: This exemption applies to employees who earn a total annual compensation above a specified threshold and perform office or non-manual work, including at least one of the exempt duties or responsibilities of an executive, administrative, or professional employee.
The state also exempts other professions from receiving overtime pay, such as:
- Outside buyers
- Independent contractors
- Employees under a collective bargaining agreement
- Employees in retail or service industries
- Employees in the agricultural sector
- Employees working for businesses whose annual pay is less than $250,000 annually
- Domestic workers who reside in the household where they work
In Nevada, employers who misclassify employees as independent contractors or exempt employees inadvertently affect their overtime eligibility. However, some employers intentionally misclassify employees to avoid paying additional compensation.
Can salaried employees get overtime pay in Nevada?
Salaried employees can receive overtime pay if they meet the criteria for non-exempt status. Contrary to common belief, being paid on a salary basis does not automatically exempt an employee from overtime pay. The key factor is whether the employee meets the criteria for exemption under the Fair Labor Standards Act (FLSA). To qualify for exemption from overtime pay, salaried employees must meet specific criteria related to their job duties, salary level, and whether they are under one of the established categories (executive, administrative, professional, or other recognized exemptions).
If a salaried employee does not meet the criteria for exemption, they are considered non-exempt and are entitled to overtime pay for any hours worked beyond 40 in a workweek at a rate of 1.5 times their regular pay rate.
Learn more in detail about Nevada Salaried Employees Laws and Nevada Overtime Laws.
Overtime Payment Calculations in Nevada
What is my regular rate of pay in Nevada?
Nevada has a two-tier minimum wage system; employees with health insurance receive $10.25 per hour while employees without health insurance receive $11.25 per hour. This means the overtime rate for employees with health benefits is $15.38 and $16.88 for employees without health benefits.
How do you calculate overtime in Nevada?
In Nevada, overtime pay is calculated based on the FLSA guidelines, which require that non-exempt employees should be paid at least 1.5 times their regular rate of pay for all hours worked over 40 in a workweek.
To calculate overtime pay in Nevada:
- Determine the employee’s regular rate of pay.
- Determine the number of overtime hours worked.
- Calculate the overtime pay rate by multiplying the regular rate by 1.5.
- Calculate the overtime pay by multiplying the overtime hours worked by the overtime pay rate to find the total overtime amount.
How is overtime taxed in Nevada?
Similar to regular wages, overtime pay in Nevada is subject to federal income tax, state income tax, and FICA (Federal Insurance Contributions Act) taxes. Overtime pay might temporarily push an employee into a higher tax bracket for federal income tax purposes, potentially resulting in a higher tax rate on overtime earnings. However, overtime pay is taxed at the same rates as regular wages.
Employers calculate the taxes to withhold based on the total earnings for the pay period, including any overtime pay.
Receiving Overtime Payment in Nevada
How is overtime paid in Nevada?
Overtime is paid the same way as regular wages. Employers may issue overtime pay through physical checks, direct deposit into an employee’s bank account, or payroll cards.
When do I receive my overtime paycheck in Nevada?
Nevada labor laws state that employees can receive compensation at least twice a month or depending on their employer’s pay schedule. Employers are required to pay employees for overtime hours worked on the regular payday for the pay period in which the overtime was earned.
Violations of Overtime Law in Nevada
What if my employer refuses to pay me overtime in Nevada?
In Nevada, if an employer refuses to pay overtime wages, employees have two options to receive their lost wages:
- File a Wage Claim: Employees can submit a wage claim through online forms.
- Initiate a Lawsuit: Consult an employment lawyer to help protect your employment rights and pursue the compensation you are owed.
What is the penalty for failing to pay overtime in Nevada?
Employers who misclassify an employee as an independent contractor inadvertently affect the employee’s eligibility for overtime. However, some employers intentionally misclassify their employees to avoid providing additional compensation.
In Nevada, if an employer misclassifies an employee, the following administrative policies may be imposed:
- Unintentional first-time offense: The Labor Commissioner issues a warning to the employer.
- Willful first-time offense: $2,500 fine for each misclassified employee.
- Second or subsequent offense: $5,000 fine for each misclassified employee.
How can I file a wage claim for overtime in Nevada?
Employees in Nevada who are not paid overtime wages can file a claim with the Nevada Office of the Labor Commissioner. Before filing a formal wage claim, employees may make a “good faith effort” by trying to settle with the employer. However, if the employer refuses to pay, the employee can submit a wage claim form online.
In addition, employees have to collect evidence to support their wage claim, including pay stubs, time records, work schedules, and any other relevant documentation that demonstrates the hours worked and the overtime compensation employees believe they are owed.
Employees may seek legal assistance as they encounter challenges during the wage claim process.
Can employers retaliate against employees for making a wage claim in Nevada?
In Nevada, employers are prohibited from retaliating or discriminating against an employee for filing or planning to file a wage claim. If such retaliatory and discriminatory actions occur, the affected employee can file a discrimination or retaliation complaint with the Labor Commissioner’s Office.
Learn more about Nevada Labor Laws through our detailed guide.
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