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Last updated on: January 5th, 2024
Hours & Pay Regulations
Normal Working Hours
An employee’s regular working hours shall not exceed more than 8 hours per day or 40 hours weekly (exclusive Overtime). An employee can work 10 hours per day for 4 calendar days within any scheduled week of work if agreed by mutual agreement.
Nevada law defines a workweek as seven (7) consecutive 24-hour periods that may begin on the day of the week and at any time of the day.
Sleeping Time – If an employee is required to be on duty for 24 hours or more, the employer and employee may agree in writing to exclude from the employee’s wages a regularly scheduled sleeping period not to exceed 8 hours if adequate sleeping facilities are furnished.
If the sleeping period is interrupted by any call for service by the employer or for service to a person to whom the employee provides personal care services, the interruption must be counted as hours worked. If the sleeping period is interrupted by any call for service by the employer or for service to a person to whom the employee provides personal care services to such an extent that the sleeping period is less than 5 hours, the employee must be paid for the entire sleeping period. It applies only to:
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- An employee who is on duty at a residential facility for a group of similarly situated persons who require supervision, care, or other assistance from employees at the residential facility; and
- An employee of an agency to provide personal care services in the home who is on duty.
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Travel Time – Nevada law requires employers to count time spent by employees traveling as hours worked if:
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- employees travel between work sites during a workday; or
- employees provide transportation to other employees on behalf of their employer who offers the transportation to employees for their convenience.
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Employers are not required to pay employees for normal commuting time regardless of whether the employees work at the same location each day or at different locations.
Training Time – Nevada law requires employers to count time spent by employees in training as hours worked if the employers require the employees to attend the training. Employers are not required to pay employees for training time if it is required by a governmental agency or an entity other than the employer, regardless of whether the training needs the training to maintain eligibility to work in a particular job or at a particular level.
Time Recording Requirements: Nevada’s labor commissioner has held that the use of time clock rounding to calculate employee pay, including overtime, is permissible under Nevada law, provided that the employer’s time clock rounding policy does not result over time in a failure to compensate employees for all time worked. An employer shall maintain true and accurate records of all their employees for 3 years. They are as follows:
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- Employee name
- Social security number
- Occupation of the employee
- Date of birth
- Address including ZIP code
- Regular hourly rate of pay
- Basis on which wages are paid
- A daily record of beginning and ending work, if a split shift is in question
- Total daily or weekly net wages and deductions
- Total gross daily or weekly wages
- Date of each payment
- Records of leaves, notices, and policies under the Family and Medical Leave Act
- Records of all job-related injuries and illnesses under OSHA — for 5 years
- Summary descriptions and annual reports of benefit plans — for 6 years
- Specifically dangerous instances under OSHA (e.g. covering toxic substance exposure) — for 30 years
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Overtime
Any work performed beyond 8 hours in a workweek or 40 hours in a work week is considered overtime work (unless by mutual agreement the employee works a scheduled 10 hours per day for 4 calendar days within any scheduled week of work).
Pay – An employee is entitled to premium pay at the rate of 1.5 times their regular rate for all hours worked excess in a workweek.
The employee gets daily overtime if the regular rate is less than 1.5 times the minimum wage rate. The employee does not get daily overtime if the regular rate is not less than 1.5 times the minimum wage rate.
Breaks
Employees must be given an unpaid meal period of at least 30 minutes for a continuous work period of eight hours. A meal period of fewer than 30 minutes does not interrupt a continuous period of work.
Meal and rest periods are not required if there is only one employee at a particular place of employment, or if employees are covered by a collective bargaining agreement. Employees may voluntarily agree to forego any rest period or meal period. The employer has the burden to prove the existence of such an agreement. Minor employees are covered by the same meal and rest break requirements as adult employees.
Employees must be allowed a paid rest period of at least 10 minutes for every four hours worked or a major fraction thereof, without deduction from wages. An employee is permitted:
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- One rest period for working at least 3.5 and less than 7 continuous hours;
- Two rest periods for working at least 7 and less than 11 continuous hours;
- Three rest periods for working at least 11 and less than 15 continuous hours;
- Four rest periods for working at least 15 and less than 19 continuous hours.
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No rest period is required if the total daily work time is less than three-and-one-half hours. When possible, rest periods shall be in the middle of each work period.
Breast Feeding Break
Each employer shall provide an employee who is the mother of a child under 1 year of age with:
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- Reasonable break time, with or without compensation, for the employee to express breast milk as needed; and
- A place, other than a bathroom, that is reasonably free from dirt or pollution, which is protected from the view of others and free from intrusion by others where the employee may express breast milk.
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If break time is required to be compensated pursuant to a collective bargaining agreement entered into by an employer and an employee organization, any break time taken by an employee which is covered by the collective bargaining agreement must be compensated.
Annual Leave
No Annual leave for Private Employee unless it is at the discretion of the employer based on an agreement.
Special Leave
The Nevada Pregnant Workers Fairness Act covers employers with 15 or more employees and provides pregnant employees’ rights in the workplace.
Employers offering leave (paid or unpaid) for sickness or disability without affecting seniority must extend the same benefits to female employees facing pregnancy, childbirth, or related medical conditions. This ensures a consistent and fair approach to employee well-being.
The Act prohibits employers from requiring employees with pregnancy-related conditions to take leave if a reasonable alternative accommodation is available. This provision emphasizes flexibility in addressing the unique needs of pregnant employees.
Notice Requirement: Female employees seeking accommodations under the Act must submit a written medical certification from their physician. This certification should substantiate the need for accommodation due to pregnancy, childbirth, or related medical conditions, outlining the specific recommendations provided by the physician.
Federal Compliance: Employers with 50 or more employees must also adhere to the federal Family and Medical Leave Act (FMLA), which mandates up to 12 weeks of unpaid leave for eligible female employees due to childbirth and related conditions.
An employee who has been employed by an employer for at least 90 days and who is a victim of an act that constitutes domestic violence or sexual assault, or whose family or household member is a victim of an act that constitutes domestic violence or sexual assault, and the employee is not the alleged perpetrator, is entitled to not more than 160 hours of leave in one 12-month period. Hours of leave may be paid or unpaid by the employer; must be used within the 12 months immediately following the date on which the act which constitutes domestic violence or sexual assault occurred, and may be used consecutively or intermittently. The leave shall be used for the following reasons –
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- For the diagnosis, care or treatment of a health condition related to an act that constitutes domestic violence or sexual assault committed against the employee or family or household member of the employee; or
- To obtain counseling or assistance related to an act that constitutes domestic violence or sexual assault committed against the employee or family or household member of the employee; or
- To participate in any court proceedings related to an act that constitutes domestic violence or sexual assault committed against the employee or family or household member of the employee; or
- To establish a safety plan, including, without limitation, any action to increase the safety of the employee or the family or household member of the employee from a future act that constitutes domestic violence or sexual assault.
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After taking any hours of leave upon the occurrence of the act which constitutes domestic violence or sexual assault, an employee shall give not less than 48 hours’ advance notice to his or her employer of the need to use additional hours of leave for any purpose.
The employer of an employee who takes hours of leave may require the employee to provide to the employer documentation that confirms or supports the reason the employee provided for requesting leave. Such documentation may include, without limitation, a police report, a copy of an application for an order for protection, an affidavit from an organization that provides services to victims of domestic violence or sexual assault, or documentation from a physician. Any documentation provided to an employer according to this subsection is confidential and must be retained by the employer.
Any taken leave that would also qualify as FMLA leave must be deducted from not only the employee’s domestic violence or sexual assault leave but also from any FMLA leave for which an employee is eligible.
Employers must allow employees to take unpaid leave to appear as witnesses in court proceedings. Employers cannot penalize employees for taking court attendance leave. Employers must allow employees to take unpaid leave to serve as jurors. Employers cannot take adverse action against employees because they take jury duty leave.
An employee is entitled to at least 3 hours of paid leave to vote. An employer is required to grant an employee sufficient time away from work to vote. “Sufficient time” is based on the distance from the worksite to the polling location, not exceeding 3 hours. An employee must request leave to vote before the day of the election. Employers may designate the hours the employee may take leave to vote.
An employee who is a parent, guardian, or custodian of a child who is enrolled in a public school is entitled to at least 4 hours of unpaid leave for attending parent-teacher conferences, school-related activities during regular school hours, volunteer or otherwise be involved in school activities during regular school hours, and attend school-sponsored events.
Employers with 50 or more employees are required to grant such leaves to their employees. Leave must be taken in at least one-hour increments at a time agreed to by the employer and employee.
Notice Requirement: An employee seeking school-related leave to provide a written request at least 5 school days in advance. Further, employees may be required to provide documentation following the leave to confirm that the leave was taken for one of the above-stated reasons.
Duration of the Leave: An employee is entitled to Paid leave of at least 0.01923 hours for each hour of work performed.
Eligibility criteria: Every employer in private employment in the State of Nevada with 50 or more employees in the State of Nevada shall provide paid leave. An employee is eligible to use leave on the 90th day of employment. An employee may use paid leave available without providing a reason to their employer for such use. An employee may, as determined by the employer, obtain paid leave by:
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- Receiving on the first day of each benefit year the total number of hours of paid leave that the employee is entitled to accrue in a benefit year; or
- Accruing over the course of a benefit year the total number of hours of paid leave that the employee is entitled to accrue in a benefit year.
Carry Forward of Sick Leave: Sick leave accrued over the course of a benefit year may carry over for each employee between their benefit years of employment, except an employer may limit the amount of paid leave for each employee carried over to a maximum of 40 hours per benefit year.
An employer may limit the amount of paid leave an employee uses to 40 hours per benefit year. An employer may set a minimum increment of paid leave, not to exceed 4 hours, that an employee may use at any one time.
Notice Requirement: An employee shall, as soon as practicable, give notice to his or her employer to use the paid leave available for use by that employee.
Unused Leaves: An employer has the option, though not an obligation, to provide compensation for any unused paid leave when an employee departs from the company. However, if the employee is rehired within 90 days after leaving, and the separation was not voluntary, any previously unused paid leave hours must be reinstated.
