Overtime Pay Law Summaries
Nevada, Overtime Pay Law Summaries
Nevada's overtime pay law is codified in the Nevada Revised Statutes Annotated at Title 53, Chapter 608. Rules under the Nevada Administrative Code at Chapter 608, Sections 608.123 and 608.125 also apply. The full text of the law is available at Wages-Hours ¶29-44,001 .
Note: On November 7, 2006, voters approved the Raise the Minimum Wage for Working Nevadans Act by constitutional amendment. This amendment, effective November 28, 2006, affects the state's daily overtime requirement (see WHAT THE EMPLOYER MUST DO, below, for details) (State of Nevada Department of Business & Industry Press Release, November 8, 2006).
DEFINITIONS
“Employer” includes every person having control or custody of any employment, place of employment or any employee (Sec. 608.011).
“Private employment” means all employment other than employment under the direction, management, supervision and control of Nevada or any county, city or town, office or department (Sec. 608.0113).
“Week of work” means seven consecutive periods of 24 hours that may begin on any day and at any hour of the day (Sec. 608.0123).
“Workday” means a period of 24 consecutive hours that begins when the employee begins work (Sec. 608.0126).
COVERAGE
Employees employed by private employers, except those described below, are covered by Nevada's overtime pay law (Sec. 608.250).
EXCEPTIONS
Nevada's overtime pay law does not apply to (Sec. 608.250):
casual babysitters;
domestic service employees who reside in the household where they work;
outside salespersons whose earnings are based on commissions;
employees engaged in an agricultural pursuit for an employer that did not use more than 500 man-days of agricultural labor in any calendar quarter of the preceding calendar year;
taxicab and limousine drivers; or
severely “handicapped” persons whose disabilities have diminished their productive capacity in a specific job and who are specified in certificates issued by the Rehabilitation Division of the Department of Employment, Training and Rehabilitation.
These additional employees are not covered by the overtime pay law (Sec. 608.018, as amended by A. 44, L. 2005):
employees who are not covered by the minimum wage provisions of Sec. 608.250;
outside buyers;
salespersons earning commissions in retail businesses if their regular rate is more than one and one-half times the minimum wage, and more than one-half their compensation comes from commissions;
employees who are employed in bona fide executive, administrative or professional capacities;
employees covered by collective bargaining agreements that otherwise provide for overtime;
drivers, drivers' helpers, loaders and mechanics for motor carriers subject to the Motor Carrier Act;
railroad employees;
air carrier employees;
drivers or drivers' helpers making local deliveries and paid on a trip-rate basis or other delivery payment plan;
drivers of taxicabs or limousines;
agricultural employees;
employees of business enterprises having a gross sales volume of less than $250,000 per year; and
salespersons or mechanics primarily engaged in selling or servicing automobiles, trucks or farm equipment.
Additionally, the overtime pay law does not apply to a mechanic or workman for any hours to which the provisions of Sec. 338.020(3) or (4) (public works) apply (Sec. 608.018(3), as added by A. 44, L. 2005). In order to determine if an employee is employed in a bona fide executive or administrative capacity (see (4) above), the Labor Commissioner is to refer to federal regulations under 29 C.F.R. §§541.1 and 541.2 (Nevada Administrative Code, Sec. 608.125).
WHAT THE EMPLOYER MUST DO
An employer must pay one and one-half times an employee's regular wage rate whenever an employee who receives compensation for employment at a rate less than one and one-half times the minimum rate prescribed pursuant to Sec. 608.250 (see EXCEPTIONS above) works more than 40 hours in any scheduled week of work; or more than eight hours in any workday, unless by mutual agreement the employee works a scheduled 10 hours per day for four calendar days within any scheduled week of work (Sec. 608.018, as amended by A. 44, L. 2005).
An employer shall pay one and one-half times an employee's regular wage rate whenever an employee who receives compensation for employment at a rate not less than one and one-half times the minimum rate prescribed pursuant to Sec. 608.250 works more than 40 hours in any scheduled week of work (Sec. 608.018, as amended by A. 44, L. 2005).
Constitutional amendment affecting daily overtime (November 7, 2006).- On November 7, 2006, voters approved the Raise the Minimum Wage for Working Nevadans Act by constitutional amendment. This amendment affects the state's daily overtime requirement. Employees who are paid less than one and one-half times the minimum wage must be paid overtime when they work more than eight hours in a workday. Effective July 1, 2008, employees who receive qualified health benefits from employers and earn less than $8.775 per hour and employees earning less than $10.275 per hour who do not receive qualified health benefits must be paid overtime whenever they work more than eight hours in a 24-hour period (State of Nevada, Department of Business & Industry, Director's Office Press Release, March 27, 2008; State of Nevada, Office of the Labor Commissioner, Daily Overtime 2008 Annual Bulletin, April 1, 2008). Effective July 1, 2009, employees who receive qualified health benefits from employers and who earn less than $9.825 per hour and employees earning less than $11.325 per hour who do not receive qualified health benefits must be paid overtime whenever they work more than eight hours in a 24-hour period (State of Nevada, Office of the Labor Commissioner, Daily Overtime 2009 Annual Bulletin, April 1, 2009).
Compensatory time.- An employer can not substitute compensatory time in place of a wage payment for overtime that was worked by an employee (Nevada Administrative Code, Sec. 608.125(1)).
Employees paid by salary, piece rate, or rate other than hourly.- If an employee is paid by salary, piece rate or any other wage rate except for a wage rate based on an hour of time, the rate of compensation for determination of overtime purposes is determined by dividing the amount paid to an employee in a week by the number of hours worked by the employee during the week (Nevada Administrative Code, Sec. 608.125(2)).
Compliance duties.- It is unlawful for any person by force, intimidation, threat of procuring dismissal from employment or in any other manner to induce an employee to refrain from testifying in any overtime pay investigation or proceeding, or to discharge or penalize any employee for so testifying (Sec. 608.015).
Public employees.- Except as provided below, overtime is considered time worked in excess of (1) eight hours in one calendar day; (2) eight hours in any 16-hour period; or (3) a 40-hour week. For state employees who choose and are approved for a variable workday, overtime will be considered only after working 40 hours in one week. Employees who are eligible under the federal Fair Labor Standards Act to work a variable 80-hour work schedule within a biweekly pay period and who choose and are approved for such a work schedule will be considered eligible for overtime only after working 80 hours biweekly, except those eligible employees who are approved for overtime in excess of one scheduled shift of eight or more hours per day (Sec. 284.180, as amended by Ch. 95 (S. 499), L. 1999, effective July 1, 1999).
While an agency may experiment with innovative work weeks upon the approval of the agency head and after majority consent of the affected employees, the affected employees are eligible for overtime only after working 40 hours in the work week (Sec. 284.180, as amended by Ch. 95 (S. 499), L. 1999, effective July 1, 1999).
NOTICE
A printed abstract of Nevada's overtime pay law, to be furnished by the Labor Commissioner, must be conspicuously posted by every employer on the premises where any person is employed (Sec. 608.013).
ENFORCEMENT
The Labor Commissioner administers and enforces Nevada's overtime pay law, referring information concerning violations to the district attorney for prosecution (Sec. 608.270, as amended by S. 373, L. 2001, effective July 1, 2001).
Court actions: Employees' remedies.- If an employer pays an employee a lesser amount than the overtime pay prescribed by regulation, the employee may, at any time within two years, bring a civil action to recover the difference between the amount paid and the amount of the overtime wage. A contract between the employer and the employee or any acceptance of a lesser wage by the employee is not a bar to the action (Sec. 608.260, as amended by S. 373, L. 2001, effective July 1, 2001).
Whenever a mechanic, artisan, miner, laborer, servant or employee brings suit for wages earned and due according to the terms of the employment, and establishes by decision of a court or jury verdict that the amount is justly due, and that a written demand was made, at least five days before the suit was brought, for a sum not to exceed the amount found due, the court must award a reasonable attorney fee to the employee, in addition to the amount found due for wages and penalties, to be taxed as costs of suit (Sec. 608.140).
WHO TO CONTACT
Contact the Office of the Labor Commissioner, 675 Fairview Dr., Suite 226, Carson City, NV 89701, telephone (775) 687-4850, or 555 East Washington, Suite 4100, Las Vegas, NV 89101, telephone (702) 486-2650. FAX: (775) 687-6409.
RECORDKEEPING
Every employer must establish and maintain records of wages for the benefit of its employees, showing for each employee and pay period gross wage, or salary other than compensation in the form of services or food, housing, or clothing; deductions; net cash wage or salary; total hours employed in the pay period, by noting the number of hours per day; and date of payment (Sec. 608.115).
This information must be furnished to each employee within 10 days after the employee submits a request. Records of wages must be maintained for a two-year period following the entry of information in the record (Sec. 608.115).
POSTING
A printed abstract of Nevada's overtime pay law, to be furnished by the Labor Commissioner, must be conspicuously posted by every employer on the premises where any person is employed (Sec. 608.013).
PENALTIES
Wage violations.- It is unlawful for any person to employ, or to contract with, any person for a wage less than that provided in Nevada's overtime pay law (Sec. 608.250).
Every person violating any provision of the overtime pay law is guilty of a misdemeanor (Sec. 608.195, as amended by A. 143, L. 2003, effective May 21, 2003).
In addition to any other remedy or penalty, the Labor Commissioner may impose against the person an administrative penalty of not more than $5,000 for each violation of the overtime pay law (Sec. 608.195, as amended by A. 143, L. 2003, effective May 21, 2003).
Other violations.- Any person violating any provision of Sec. 608.250 (see above) is guilty of a misdemeanor. In addition to any other remedy or penalty, the Labor Commissioner may impose against the person an administrative penalty of not more than $5,000 for each such violation (Sec. 608.290, as amended by A. 143, L. 2003, effective May 21, 2003).
<p>Other violations.— Any person violating any provision of Sec. 608.250 (see above) is guilty of a misdemeanor.</p>