Minimum Wage STATE LAW
Nevada has its own minimum wage law that generally provides higher wage rates than the federal minimum for many employers. The applicable rate depends on factors such as employer size and is periodically adjusted by the state.
Most employees working in Nevada are entitled to receive at least the applicable state minimum wage unless a specific exemption applies. Employers covered by both state and federal law must pay whichever minimum wage requirement is more favorable to the employee.
Overtime Laws 1.5X RATE
Nevada employees may be protected by both state overtime laws and the federal Fair Labor Standards Act (FLSA). In many workplaces, non-exempt employees earn overtime pay at one and one-half times their regular rate when they work more than forty hours during a workweek.
Your regular rate generally includes more than your hourly wage. Certain bonuses, commissions, incentive pay, shift differentials, and other compensation may need to be included when calculating overtime.
Simply receiving a salary does not automatically make an employee exempt from overtime. Whether overtime is owed depends on both the employee's salary and the duties actually performed.
Meal & Rest Breaks STATE PROTECTIONS
Nevada law requires employers to provide employees with adequate restroom breaks during each four consecutive hours worked. Employees working long enough shifts must also be given sufficient unpaid time to eat a meal.
Short rest breaks that last about twenty minutes or less are generally considered compensable work time and should be paid. Bona fide meal periods are generally unpaid when employees are completely relieved of their job duties.
Final Paycheck KNOW YOUR RIGHTS
Nevada law establishes rules governing when employees must receive their final wages after leaving a job. Depending on the circumstances, employees who do not receive their earned wages on time may have additional legal remedies.
Filing a Claim DON'T WAIT
Nevada employees who have been denied minimum wage, overtime, or other earned compensation may have the right to pursue unpaid wages under state law, federal law, or both. Which law applies depends on the facts of each case.
Wage claims often involve unpaid overtime, off-the-clock work, illegal deductions, unpaid commissions, final paycheck disputes, or workers who were improperly classified as exempt or independent contractors.
Employee Misclassification COMMON VIOLATION
Some Nevada employers improperly classify workers as independent contractors or exempt salaried employees in an effort to avoid paying overtime and employee benefits. Whether a worker is legally exempt depends on the actual job duties performed, not simply the job title or how the employer chooses to classify the position.
Misclassified employees may be entitled to recover unpaid overtime, minimum wages, and other compensation that should have been paid under state or federal law.
This article is provided for informational and educational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship with Josephson Dunlap LLP. Wage and hour laws vary by state, and the application of these laws depends on the specific facts of each situation. The figures and information cited above are current as of the date of publication and are subject to change. Prior results in other matters do not guarantee or predict a similar outcome in any future matter. If you believe your wages were not paid correctly, consult a qualified, licensed employment attorney.
Could You Be Owed Unpaid Wages?
Josephson Dunlap helps Nevada employees determine whether they may have claims for unpaid overtime, minimum wages, off-the-clock work, or employee misclassification. Consultations are free, and there is no fee unless wages are recovered.