The Nevada Office of the Labor Commissioner regulates the state's employment laws. Under Nevada law and federal law, employers must pay their employees for all time worked, including hours between shifts. However, the Nevada overtime law allows employees to waive their overtime rights in certain circumstances. Their waivers must be in writing and apply only to employees with alternative schedules.
Nevada employers must pay overtime compensation at time and one-half if their employees work more than 40 hours per week or more than eight hours daily. Nevada's overtime law is more stringent than the federal overtime law. The United States Department of Labor administers federal overtime regulations according to the Fair Labor Standards Act. Under the act, employers must compensate nonexempt employees for overtime work at time and one-half if they work more than 40 hours weekly.
Under Nevada law, employees who work in the service sector or retail industry are exempt from overtime regulations if their hourly wage exceeds the state's minimum wage by more than 1.5 times. The federal minimum wage is $7.25 per hour, but the state's minimum wage is $1 more at $8.25 per hour. Employers who do not provide health insurance must pay their employees at least $8.25 per hour. If they provide insurance coverage, then they can pay their employees the federal minimum wage. Additionally, employers in Nevada cannot apply an employee's tips toward the minimum wage obligations.
The Nevada Administrative Code, Chapter 608.115, requires employers to pay employees for all time worked. This requirement applies to hours that an employee works outside of his scheduled hours. Under the statutory code, an employer who pays its employee a salary must pay him a pro-rata share of his salary based on the amount of time he worked outside of his scheduled shift.
Training and Travel
Under Nevada law, an employer must pay its employees for travel and training time if the travel is not directly related to an employee's commute to work. This requirement applies to employees who use their employers' transportation or their own transportation.
Since state laws can frequently change, do not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your state.
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