Overtime Pay Laws in Nevada

If a person qualifies, the state of Nevada pays overtime at a rate of at least time and a half of their regular hourly wage. Currently, the mandatory minimum wage rate in Nevada is $9.75 per hour. This makes the state’s mandatory minimum overtime rate $14.63 per hour.

In addition to being regulated by state law, overtime pay is also regulated by federal law under the Fair Labor Standards Act (FLSA).

Who Qualifies for Overtime Pay in Nevada?

Under the FLSA, a person who works over 40 hours per week qualifies for overtime pay for the hours in excess of 40, if they do not work in an exempt position. A week is defined in the FLSA as any seven consecutive work days. Additionally, in the state of Nevada, a person who works over 8 hours a day is entitled to overtime pay for hours worked in excess of 8 hours. This daily overtime applies only if the person makes less than 1.5 times Nevada’s minimum wage rate, $9.75 per hour, or $14.63 per hour.

So, for example, if a person is hired to work in an office as a temporary employee for one day only at a rate of $20 per hour and works 9 hours, they would not be entitled to overtime. This is because their regular hourly wage exceeds $12.38 per hour. So, they would earn $20 per hour for the full 9 hours that they worked.

Under the FLSA, if a person is a first-responder, including police, paramedics, firefighters, or a practical nurse or paralegal, the person is specifically guaranteed overtime pay. In Nevada, the state’s overtime pay laws aim to protect employees from being used by their employers without receiving compensation for working extra hours. The Nevada laws generally aim to protect hourly-wage workers.

Nevada law allows disabled workers to be paid less than the minimum wage in certain circumstances. In some cases, minors and workers under 20 may be paid a wage that is lower than the minimum wage as a “training wage”

Specifically, in addition to the minimum wage exemptions described above, the FLSA defines special minimum wage rates applicable to certain types of workers. A worker may be paid under the Nevada minimum wage if they fit into one of the following categories:

• The Under 20 Minimum Wage: Federal law allows any employer in Nevada to pay a new employee who is under 20 years of age a training wage of $4.25 per hour for the first 90 days of employment.
• The Student Minimum Wage: A full-time high school or college students who works only part-time may be paid 85% of the Nevada minimum wage, $8.29 per hour, for up to 20 hours of work per week if they work for certain employers, e.g. in jobs that qualify for work-study programs at colleges and universities.
• The Tipped Minimum Wage: Workers who earn a certain amount in tips every month may be paid a lower cash minimum wage, but they must earn at least $9.75 including tips per hour.

Both the FLSA and Nevada labor law require all employers in Nevada to display in a visible manner an approved Nevada minimum wage poster, along with other Nevada and federal labor law posters. The goal is to ensure that all employees are fully aware of federal and Nevada labor law and overtime regulations. Hefty fines can be imposed on an employer for failing to display a Nevada labor law poster in the workplace.

Who is Exempt from Overtime Pay?

Most of the time, a person is eligible to receive overtime pay if they are paid an hourly wage and make under $455 per week. However, some kinds of jobs are exempted from application of the law, such as the following:

• Executives: A person’s job is classified as an executive position if the person’s full-time responsibility is management of two or more employees. The person must devote no more than 20% of their time doing other activities (40% in a retail business), and they must be paid a salary and not an hourly wage;
• Administrators: A person is classified as an administrator if their primary duty is non-manual work related to business operations, management policies, or administrative training. The administrator must earn a salary, as opposed to an hourly wage. And the administrator must spend no less than 80% of their time doing non-exempt work (60% in a retail business);
• Professionals: A person is a professional if their primary duties require advanced knowledge and extensive education. This includes, for example, lawyers, accountants, doctors, artists, certified teachers, and skilled computer professionals. A professional must be paid a salary and their job responsibilities are primarily intellectual. In addition, they must be expected to use discretion and judgment in their work. A professional must spend no more than 20% of their time doing activities that are not directly related to their professional responsibilities;.
• Outside salespeople: An employee is an outside salesperson if their main duties are making sales or taking orders outside of their employer’s main workplace. They may be paid either a salary or commission, but in either case they must not spend more than 20% of their time doing work other than sales to qualify.

Anyone whose job comes within one of the four categories described above is not covered by federal or Nevada wage regulations and their employer is not required to pay them an overtime premium.

In Nevada, additional labor laws also exempt the following jobs:

• Independent contractors, unless they are legally employees;
• Commissioned salespeople earning over 1.5 times the minimum wage;
• Drivers and mechanics;
• Railroad workers;
• Air carrier workers;
• Taxi and limo drivers;
• Agricultural and farm workers;
• Automobile salespeople;
• Employees of businesses earning under $250,000 annually;
• Sometimes the following workers are also considered exempt: computer-related workers, transportation workers, agricultural and farm workers, and live-in employees.
• If the person is subject to an alternative overtime agreement made through a union collective bargaining with their employer.

What if My Employer Fails to Pay Me Overtime?

If a person is eligible for overtime pay under Nevada and federal law, their employer is required to pay them at least time and a half for all overtime hours worked. If a person’s employer fails to pay them the overtime to which they are entitled, they can file a complaint, known as an FLSA violation claim, with the Nevada State Department of Labor. Many Nevada residents receive FLSA mandated wages for minimum wage and overtime each year by filing FLSA violation claims.

When Should I Contact a Lawyer?

If your employer has failed to pay you overtime to which you believe you are entitled to, you should contact an experienced and qualified Nevada employment lawyer. Your lawyer can help you figure out what you should be paid and what your options are if you have been paid less than what you are entitled to legally.

A lawyer can explain the overtime laws that apply to your situation and help you prepare a complaint with the Department of Labor in Nevada, if necessary. You are most likely to get all of the pay to which you are entitled if you have an experienced employment lawyer to help you with your claim.