Nevada Labor Laws

Yes, Nevada has labor laws that regulate employment relationships between employers and employees. These laws cover minimum wage, overtime pay, discrimination, and time off. The Nevada Revised Statutes (NRS) provide the statutory authority, while the Nevada Labor Commissioner interprets and enforces these laws.

Part-Time vs. Full-Time

In Nevada, as well as in many other states, the determination of whether an employee is considered part-time or full-time is primarily left up to the discretion of the employer. This is often outlined in the company’s policy or employee handbook. There are no specific statutes at the state level that define the exact number of hours that separate a full-time worker from a part-time worker.

Typically, employers establish their own guidelines based on the needs of the business, industry standards, and considerations related to benefits eligibility. For example, an employer may consider employees who work 40 hours per week as full-time and those who work fewer hours as part-time. However, another employer may set the threshold at 35 hours for full-time status.

These policies often tie in with the allocation of benefits such as health insurance, paid time off, and retirement contributions, which may be available to full-time employees and sometimes to part-time employees, depending on the employer’s policies.

Despite the lack of statutory definitions, both full-time and part-time employees are entitled to the same protections under Nevada labor laws. This means that regardless of their classification, employees have the same rights to minimum wage, overtime pay (depending on the number of hours worked and salary), and protection against discrimination or harassment.

Importantly, while employers have discretion in defining part-time and full-time status, they must apply these definitions consistently and without discrimination.

For example, an employer cannot change an employee’s status from full-time to part-time based on discriminatory reasons such as age, gender, race, or disability.

As the classification of part-time and full-time can significantly impact an employee’s wages and benefits, anyone with questions or concerns about their employment status or treatment under their employer’s policies should consider consulting with a Nevada employment lawyer to understand their rights and potential remedies.

Minimum Wage

Nevada’s minimum wage rate is $10.50 per hour for employees who do not receive qualifying health benefits and $9.50 per hour for employees who do receive qualifying health benefits. These rates are effective as of July 1, 2022, and will increase annually until July 1, 2024. Nevada has a two-tier minimum wage system based on the availability of health benefits offered by the employer.

If an employer in Nevada fails to pay the statutory minimum wage, they are in violation of Nevada paycheck laws. When faced with this situation, an employee has several options.

Contact the Employer

Initially, the employee can contact the employer or HR department to discuss the issue. In some instances, the underpayment may be an error that can be quickly corrected.

File a Complaint with the Nevada Labor Commissioner

If the issue isn’t resolved through direct contact, the employee can file a formal complaint with the Nevada Office of the Labor Commissioner. This state agency enforces labor laws, including minimum wage laws. When filing a complaint, the employee should provide as much detail as possible about the underpayment. This includes pay stubs, time records, and any relevant communication with the employer.

File a Lawsuit

If the issue remains unresolved, the employee can consider legal action. Nevada law allows employees to sue their employers for wage violations. Successful plaintiffs may be able to recover back pay, damages, and possibly attorneys’ fees and costs.

Involve a Lawyer

Given the complexity of labor law, it’s often beneficial for employees dealing with wage issues to consult with a lawyer. A Nevada employment lawyer can provide advice based on the specifics of the situation, assist in filing a complaint with the Labor Commissioner, or represent the employee in court if needed.

Nevada law prohibits employers from retaliating against employees who assert their rights under labor laws. This includes employees who file complaints about wage violations. Any form of retaliation, such as firing, demotion, or harassment, can give rise to additional legal claims.

Overtime

Nevada’s minimum overtime pay requires employers to pay overtime at the rate of 1½ times an employee’s regular rate for all hours worked in excess of 40 hours in a workweek to all employees unless otherwise exempt. Employees in Nevada are also eligible for overtime pay at one and one-half times their regular rate of pay for working more than 40 hours in a week or more than 8 hours in a 24-hour period unless they are exempted by state or federal law.

Discrimination

Nevada labor laws prohibit discrimination in the workplace. This includes discrimination based on race, color, national origin, sex, sexual orientation, gender identity or expression, age, disability, religion, and genetic information. Employers are also prohibited from retaliating against an employee who files a discrimination complaint.

If a worker believes they have been discriminated against or retaliated against in violation of Nevada labor laws, they have several options:

Internal Reporting

As an initial step, the employee should consult their company’s policies and procedures, which often provide a mechanism for reporting discrimination or harassment. The worker can then file a complaint with their supervisor, HR department, or any other designated person according to the company’s policy.

Document the Discrimination or Retaliation

The employee should document any incidents of discrimination or retaliation, including dates, times, locations, people involved, witnesses, and a detailed description of what occurred. Emails, texts, or other forms of communication-related to the incident should also be preserved as they may serve as evidence.

File a Complaint with the Nevada Equal Rights Commission (NERC)

If the employer does not take appropriate action, or if the discrimination or retaliation continues, the worker can file a formal complaint with the NERC. The NERC is responsible for enforcing state laws that prohibit discrimination.

File a Complaint with the Equal Employment Opportunity Commission (EEOC)

In addition to filing a complaint with the NERC, employees can also file a complaint with the EEOC, which enforces federal discrimination laws. In many cases, filing a complaint with one agency will lead to the complaint being “dual-filed” with the other agency.

Hire an Employment Lawyer

If an employee faces workplace discrimination or retaliation, consulting with an employment lawyer can be particularly beneficial. A Nevada discrimination attorney can provide guidance throughout the complaint process and, if necessary, can represent the worker in legal proceedings, including a lawsuit against the employer.

In any case, it is essential for workers to understand that they have legal rights and are protected under both Nevada and federal law from discrimination and retaliation in the workplace. Those who suspect they have been the victim of such misconduct should not hesitate to seek help and hold violators accountable.

Time Off

Nevada labor laws also mandate certain types of leave, such as for jury duty, voting, and domestic violence victims. Employers may also offer other types of time off, such as vacation, holidays, personal days, or bereavement leave, at their discretion or according to their policies or agreements with employees.

Where Can I Find the Right Nevada Lawyer to Help Me?

If you have an issue related to labor laws in Nevada, it can be beneficial to consult with an experienced Nevada employment lawyer. They can help you understand your rights, advise you on your options, and represent you in negotiations or court proceedings.

Through LegalMatch, you can be matched with a pre-screened Nevada labor lawyer who practices employment law. Simply post your case for free, review profiles and proposals, and select the best attorney for your needs.