Nevada Labor Laws

In the US, there are federal laws in place to manage the time spent by employees in the workplace, safeguarding their rights and guaranteeing fair pay for their efforts. These laws act as directives for employers, keeping them in check, and minimizing any forms of abuse or exploitation.

The Fair Labor Standards Act (FLSA), which dates back to 1938, is a critical federal law for time management, setting hourly wage rates and overtime pay, and requiring employers to keep an accurate record of their employees’ working hours. Overtime is pegged at 1.5 times the regular hourly rate for workers who exceed 40 hours a week. However, certain job categories, including executives, professionals, and administrative employees, are exempt from overtime pay depending on their job description and salary.

The Family and Medical Leave Act (FMLA) is another essential federal law that governs time management in the workplace, entitling eligible employees to up to 12 weeks of unpaid leave for specific family and medical reasons, such as the birth or adoption of a child or caring for a family member with a serious health condition. This act also requires employers to maintain employees’ health benefits during their leave and restore them to their previous or equivalent positions upon their return to work.

Employers who contravene federal time management laws face severe legal ramifications, including fines, back pay, and damages. If workers feel that their employer has violated federal time management laws, they can file complaints with the Department of Labor’s Wage and Hour Division for investigation and legal action.

Overall, federal time management laws are instrumental in ensuring that workers are compensated fairly for their time and effort in the workplace, protecting them from abuse and exploitation by employers. The Fair Labor Standards Act and the Family and Medical Leave Act are vital federal laws that govern time management and worker compensation, ensuring fair labor practices across various sectors, including non-profit, public, and private organizations.

It is not only unethical but also illegal when hiring to engage in workplace discrimination under federal law. In addition to the federal bases of discrimination, Nevada has included five more reasons. To be precise, the list includes federal and Nevada-specific reasons for discrimination:

• Race
• Color
• Age
• Gender
• Sexual orientation
• Religion
• National origin
• Pregnancy
• Genetic information (including family medical history)
• Physical or mental disability
• Child or spousal withholding
• Military or veteran status
• Citizenship and/or immigration status
• Use of lawful products off the premises and outside of work hours
• Use of service animal
• Opposing unlawful employment practices
• Credit report or credit information
• Wage garnishment for consumer debt

Nevada, like many other US states, has adopted an “employment-at-will” policy. This means that employers can terminate their employees’ contracts at any time, without any explanation, and likewise, employees are free to leave their job for any or no reason without facing legal consequences. However, Nevada also has a unique statute that affords additional protections to employees. Specifically, employers cannot terminate an employee based on the reports of a detective or special agent without first giving the accused employee notice and a fair hearing. Additionally, employers in Nevada are legally required to provide a final paycheck to employees who have been terminated, whether by layoff or firing. The paycheck should include all wages and benefits owed. The timing of the final paycheck depends on whether the employee quit or was terminated, but it must be provided within 7 days or by the next payday, whichever comes first.

Now, we will discuss some key labor laws in Nevada that may not be related to the categories we have previously explored. Some of these regulations include:

• OSHA Laws – As an employer, it is your legal obligation to provide a safe and healthy working environment for all employees. Federal law, specifically the Occupational Safety and Health Act (OSHA), requires employers to maintain optimal working conditions and continually inspect for any hazards. This includes providing proper training and education to employees to reduce the risk of injuries, illnesses, and fatalities. In Nevada, there are additional requirements for employers to follow under the Nevada State Plan. This plan applies to state and local government employees and non-exempt private sector workplaces. Nevada employers are obligated to conduct regular research and safety demonstrations to ensure optimal working conditions and reduce the risk of harm. The ultimate goal is to create a workplace free from recognized hazards that may cause harm.
• Whistleblower Protection Laws – These laws are meant to ensure that workers can freely exercise their legal rights without experiencing any negative consequences. This includes those who report wrongdoing or safety hazards (“whistleblowers”) and must be able to do so without fear of losing their job. Employers with 15 or more employees are subject to these regulations, which prohibit discrimination for reasons such as filing a complaint, participating in an investigation related to discrimination, reporting safety concerns, or reporting fraud.
• COBRA Laws – Have you heard of COBRA or the Consolidated Omnibus Budget Reconciliation Act? It’s a law that allows employees to keep their health insurance and benefits even after their employment has ended. This law operates on a federal level and applies to employers with 20 or more employees. Some states have their own mini-COBRA regulations for businesses with fewer than 20 employees. Yet, Nevada doesn’t have a mini-COBRA law, but there’s still a requirement for employers to pay for health insurance and benefits for employees on unpaid leave due to a total disability.
• Mandatory Safety Training Laws – Starting January 2021, employees who work in specific occupations in Nevada are required to finish certain OSHA courses within 15 days of being hired. If you’re a supervisor, you will need to complete an OSHA-30 course. And for those in entertainment, an OSHA-10 course will do, which is applicable to live entertainment, photography, sporting events, theatrical performances, trade shows, conventions, and any related activity.
• Uniform Laws – Under Nevada state law, employers are responsible for providing uniforms or other distinctive accessories, such as color or material, to their employees who are required to wear them. Additionally, they must cover the cost of cleaning these items if they cannot be easily laundered and require a special cleaning process.
• Background Check Laws – Employers have the option to conduct background checks, although it’s not mandatory. They also have to comply with the Federal Fair Credit Reporting Act, which oversees the accuracy, collection, and disclosure of information in the Consumer Financial Protection Bureau. Certain jobs in Nevada demand background checks, namely those in medical, childcare, and foster homes. Additionally, personnel in administrative and financial positions at private colleges and universities also require background checks.
• Credit and Investigative Check Laws – In Nevada, there is a law that generally prohibits employers from conducting credit and investigative checks on their employees and applicants. However, there are some exceptions to this rule. Employers are allowed to do so if they believe an employee or applicant has violated the law. They can also do so if the position involves handling money, trade secrets, confidential information, or personal data. Additionally, certain industries, such as gaming and financial institutions, may require credit and investigative checks. Employers must follow the Fair Credit Reporting Act’s procedures when conducting these checks.
• Arrest and Conviction Check Laws – In Nevada, employers are not allowed to inquire about prior arrests that didn’t result in a conviction during background checks. They are also prohibited from asking about criminal history in initial job application process. However, employers can ask about current incidents, such as pending charges, convictions, and parole or probation, later in the hiring process.
• Drug and Alcohol Testing Laws – In Nevada, employers have the right to request drug and alcohol tests from both employees and potential hires. However, they are not allowed to use screening tests that detect marijuana to disqualify applicants. This law applies to most jobs, but there are a few exceptions including firefighters, EMTs, workers who drive motor vehicles, and those who could possibly put others in harm’s way.
• Employer Social Media Regulations – In Nevada, state law safeguards the rights of employees by prohibiting certain practices by their employers. Employers are not allowed to demand or influence their employees or job applicants to reveal information that could allow access to the individual’s personal social media accounts. Additionally, employers cannot punish employees or applicants who refuse to share such information by dismissing, disciplining, discriminating against, depriving them of employment opportunities, or threatening any of these actions.
• The Employee Monitoring Laws – In Nevada, employee monitoring is subject to “all parties” consent. This means that it is forbidden to secretly record a dialogue without the consent of at least one participant. Moreover, the state’s Supreme Court has prohibited recording phone conversations without the authorization of all parties involved. Anyone caught doing so may face a felony charge and associated civil penalties.
• Recordkeeping Laws – As an employer in Nevada, it is mandatory to keep records of all employees for a period of 3 years. But what exactly should such records contain? Check out the complete list of information and categories required:
  • Employee name
  • Social security number
  • Occupation of the employee
  • Date of birth
  • Address including ZIP code
  • Regular hourly rate of pay
  • The basis on which wages are paid
  • A daily record of beginning and ending work, if a split shift is in question
  • Total daily or weekly net wages and deductions
  • Total gross daily or weekly wages
  • Date of each payment
  • Records of leaves, notices, and policies under the Family and Medical Leave Act
  • There are some other record-keeping laws that apply to specific situations. So, here’s what else employers ought to keep on record, and for how long.
  • Records of all job-related injuries and illnesses under OSHA — for 5 years
  • Summary descriptions and annual reports of benefit plans — for 6 years
  • Specifically dangerous instances under OSHA (e.g. covering toxic substance exposure) — for 30 years

In Nevada, minimum wage rates vary depending on whether employees have access to health insurance or not. If an employee has health insurance provided by their employer, the minimum hourly rate is $10.25. If health insurance is not provided, the minimum hourly wage increases to $11.25. As per the Nevada Constitution, the minimum wage increases annually to match the rise in living costs. However, from July 1, 2024, with or without health insurance, minimum wage for all employees will stand at $12.00 per hour in the state. Tipped minimum wage should not be lower than the standard rates of $10.25 or $11.25 based on health insurance availability. At the same time, employers can require employees to participate in tip pools, where tips are shared among all employees, including those who do not receive tips on a regular basis.

In Nevada, there are certain situations where the minimum wage law does not apply. For instance, minors who are under 18 years of age and work for a nonprofit organization are exempt during the first 90 days of employment. There are also other particular employment or personal statuses where minimum wage requirements do not apply, which are listed below:

• Independent contractors
• Executives, administrative workers and professionals
• Casual babysitters
• Outside salespeople, provided their earnings are based on commissions
• Domestic service employees who reside in the household
• Agricultural workers
• Taxicab and limousine drivers

In certain situations, employees can legally be paid a subminimum wage, which is a wage that is lower than the standard minimum wage. This is typically the case for workers who are minors or have disabilities. For example, in Nevada, employees with disabilities can be paid a subminimum wage if they have a certificate from the Division of Public and Behavioral Health and Human Services. There are also specific rules regarding the wages that can be paid to young adults under 20 years old and part-time employees who are high school or college students. However, for all other employees, including trainees and apprentices, the standard minimum wage applies.

In Nevada, employers are obligated by law to pay their employees on a semi-monthly basis. This usually means every 2 weeks. However, the law does allow for monthly payday requirements for certain types of employees, such as executives, administrators, and professionals. If both the employer and employee agree on different terms in writing, it is possible to have a different payroll period that is still within the bounds of the law.

According to regulations set forth by the Fair Labor Standards Act, a working week is defined as seven consecutive working days. During this time, employees who work up to 40 hours are compensated at least at an hourly rate equal to the minimum wage defined by Nevada’s constitution. Any hours worked exceeding 40 per week are considered overtime and are compensated at a higher hourly rate. For non-exempt employees, that rate is 1.5 times their regular rate. However, some occupations and situations may exempt employees from this rule. In Nevada, the hourly overtime rate is currently $15.38 for minimum-wage workers who have health insurance through their employer. For those without employer-provided health insurance, the overtime rate is $16.88. Read on to learn more about who is eligible for overtime compensation in Nevada.

In accordance with federal overtime regulations, which the state of Nevada follows, employees in white-collar positions do not receive extra pay for working overtime, as long as they earn a minimum of $684 per week. This exemption applies to white-collar professionals in four major categories: outside sales. administrative, executives, and professional workers. Besides the four exceptions, Nevada provides a list of other professions that are excepted from a minimum payment, and these are:

• Outside buyers
• Independent contractors
• Employees covered by a collective bargaining agreement — provided it contains a different overtime requirement
• Employees in retail or service industries, provided they earn at least 1.5 times the standard minimum wage and that more than half of their compensation comes from commissions
• Drivers, driver’s helpers, loaders, and mechanics working for motor companies who are subject to the federal Motor Carrier Act
• Railroad employees
• Air carriers’ employees
• Drivers and drivers’ helpers making local deliveries — provided they are paid on a trip basis (or other regulated delivery plan)
• Taxicab and limousine drivers
• Agricultural employees
• Mechanics and salespeople primarily engaged in selling or servicing automobiles, trucks, and farm equipment
• Employees working for businesses whose annual sales are less than $250,000 per year
• Domestic workers who reside in the household where they work — provided both parties agree in writing that the employee is exempt from overtime pay

Learn more in detail about Nevada Salaried Employees Laws and Nevada Overtime Laws.

In Nevada, companies are required by law to offer employees two different types of breaks: meal breaks and rest breaks. During an 8-hour shift, workers are allowed a 30-minute meal break, but it’s up to the employer to decide whether or not it will be paid. Rest breaks, on the other hand, last just 10 minutes and are required to be paid. Employees can take these breaks every 4 hours, as their purpose is to help them maintain productivity levels. For breastfeeding mothers, there is an additional type of break called a lactating break, which will be explained further below.

New mothers who are still breastfeeding have the right to take a break at work to do so. In Nevada and on a federal level, employers are required to accommodate these employees appropriately (with adequate conditions). Adequate conditions mean that employers need to provide a private, non-bathroom space for this purpose. This location should also be located as close as possible to the work environment. The break can be paid or unpaid depending on the company’s policies.

Nevada provides two types of leaves – required and non-required leaves.

The following are the required leave types that Nevada employers must provide to their employees:

• Sick Leave – Nevada demands that all employers offer paid sick leave to their employees, and enforces this with the Mandatory Paid Leave legislation. Companies that employ over 50 persons must provide full-time staff with 40 hours of paid sick leave, while part-time employees are given 0.01923 hours of paid leave for each hour worked. Thus, a part-time worker is guaranteed one hour of paid sick leave for every 52 hours worked. Significantly, this law applies only to employers in the private sector.
• Family And Medical Leave – According to the Family and Medical Leave Act (FMLA), Nevada employers are required to grant their employees a specific leave type. This leave allows for a 12-week period of unpaid absence from work within a year for various reasons related to medical and familial responsibilities. These reasons include taking care of oneself or a family member with a serious health condition, a newly-born child, or an adopted/fostered child. Employees must have worked for their employer for at least a year with 1,250 work hours to be eligible. However, this only applies to employers with over 50 employees. In 2008, Congress amended the FMLA to include up to 26 weeks of unpaid leave for employees who need to take care of a member of the Armed Forces with a serious health condition, or injury, or undergoing medical treatment or therapy. This is only applicable if the member is the employee’s spouse, parent, child, or next of kin. The amendment aimed to protect the families of Armed Services members.
• Vacation Leave – If you work for an employer with at least 50 employees, you are entitled to take at least an hour of paid vacation leave for every 52 hours worked. You can start using your vacation time after 90 days of working. To take a vacation, request it reasonably in advance. The employer is allowed to limit vacation leave to 40 hours per year. If you leave the job and have unused vacation time, you are not entitled to compensation for it. There are some exceptions to this rule in Nevada. For example, employers who have been in business for less than 2 years, those who have a policy or contract that provides equal or greater leave, and temporary, seasonal or on-call employees are exempt from the rule.
• Jury Duty Leave – In Nevada if an employee is called for jury duty, their employer is required to let them take time off work. They are not allowed to force the employee to use their sick or vacation time, or any other type of leave. Employers cannot punish or reprimand the employee for accepting the jury duty request. Also, if an employee spends at least 4 hours serving on the jury, they cannot be scheduled to work a shift between 5 p.m. and 3 a.m. the following day.
• Voting Time Leave – In Nevada, employers have to provide paid voting time off to their employees if they can’t vote before or after their shift. Employees who take this leave can’t be punished when they return to work. The length of the leave depends on the distance between the workplace and the voting location: 1 hour for up to 2 miles, 2 hours for 2-10 miles, and 3 hours for over 10 miles.
• Parental Leave – In Nevada, employers with over 50 employees are obliged to provide a special kind of leave for working parents or guardians. This leave allows them to attend any school-related activities of their children for up to 4 hours. The employer has the flexibility to decide whether the time off will be paid or unpaid.
• Military Leave – The Uniformed Services Employment and Reemployment Act governs a specific form of leave that applies to all employees in the United States. This leave is granted to those serving in the US Armed Forces, the National Guard, or the state militia. Upon their return to work, these employees must receive the same benefits and pay increases as if they had been working the entire time.
• Witness Leave – Employers are obligated to offer their employees who receive court summons the option of taking paid or unpaid leave, as stated by the law.
• Domestic Or Sexual Assault Leave – If an employee is a victim of domestic or sexual violence, or has a family member who is, they are entitled to a special type of leave. They must have worked for the employer for at least 90 days to qualify. Using this type of leave, employees can take up to 160 hours per year to address various needs. For example, employees can use this leave to seek medical treatment or counseling, participate in legal proceedings, or create a safety plan (e.g. relocating). This leave helps protect vulnerable employees and ensures they have the necessary support to address issues related to domestic violence or sexual assault.

The non-required leave types are:

• Bereavement Leave – Nevada employers do not have to provide their employees with bereavement leave.
• Holiday Leave – Employers in Nevada aren’t obligated to provide their employees with time off for holiday celebrations as a type of leave.

The following are the official federal holidays observed in the US:

Minors are young people aged under 18. Federal and Nevada laws aim to protect them from exploitation in the workplace. These laws prioritize the education of minors, and their jobs are meant to enhance their life. Restrictions for minors are in place regarding work hours, night work, and specific occupations. All minors, regardless of age, are prohibited from working in hazardous positions according to federal law. In Nevada, there are additional regulations limiting the types of work minors can do and the hours they can work.

Nevada has specific child labor laws that vary depending on age. Children who are under 16 years old must have written permission from a district court judge in order to be employed. For minors under 16, the maximum hours of work per day are 8, and the maximum per week is 48, except when school is in session, in which case the limit is 3 hours per school day. There are no restrictions on the maximum number of work hours for minors aged 16 and 17. Minors under 16 years old are prohibited from working between 7 p.m. and 7 a.m., while there are no nightwork restrictions for those aged 16 and 17.

There are rules and regulations in place to protect children from being overworked and exploited, especially in certain industries. For instance, young workers who are under 16 years old are not allowed to operate any type of power-driven machinery. Additionally, there is a list of other jobs that are prohibited for minors under the age of 16 in Nevada:

• Occupations related to the manufacturing of paints, colors, and white lead
• Dripping, drying, and packing matches
• The manufacture of goods for immoral purposes
• Any distillery, brewery, or another establishment where malt or alcoholic beverages are manufactured, packed, wrapped, or bottled
• Switch tending, gate tending, or track repairing
• In or about establishments where nitroglycerin, dynamite, dualin, guncotton, gunpowder, or other dangerous explosives are manufactured, compounded, or stored