What’s new in 2024
Table of contents
Wage and Hour Laws
Minimum Wage
Nevada currently has a 2-tier minimum wage system:
- $10.25 (for employees who are offered qualified health insurance).
- $11.25 (for employees who aren’t offered qualified health insurance).
As of July 1, 2024, Nevada will move to a single minimum wage of $12.00 per hour.
There are some limited exceptions to the state minimum wage, including trainees, minors, and employees of nonprofit organizations for after-school or summer employment.
Tipped Minimum Wage
The same minimum wage applies to tipped employees. Employers can’t use tips as a credit towards the minimum wage.
Mandatory tip pooling is allowed.
Overtime Laws
Employees who earn less than 1.5 times the minimum wage (currently $15.375 for employees offered qualified health benefits and $16.875 for employees not offered qualified health benefits) must be paid overtime for any work over 8 hours in 24 hours or 40 hours in a workweek.
There’s an exception to this general overtime rule when an employer and employee agree to a regular and consistent four-ten schedule (4 10-hour days in a workweek).
Employees earning more than 1.5 times the applicable minimum wage must be paid overtime for any work over 40 hours a week.
Certain employees are exempt from overtime pay, including agricultural employees, taxi or limousine drivers, and employees in bona fide executive, administrative, or professional roles.
Meal Breaks
Employees who work 8 hours continuously must be given a meal break of at least 30 minutes. These breaks don’t have to be paid.
Rest Breaks
Employers must provide employees with rest breaks. These are generally calculated at 10 minutes for each 4 hours of continuous work. Detailed information on calculations can be found in the State of Nevada Requirements for Meal and Rest Periods.
As far as practicable, these rest periods should be in the middle of each work period.
Employees must be paid for these rest breaks.
Nevada’s meal and rest break provisions can be replaced by a collective bargaining agreement or with the permission of the Labor Commissioner.
Recordkeeping
Employers must keep records of employees’ gross wages, deductions, net cash or salary, hours worked per day, and payment dates.
These records must be kept for 2 years from their creation date.
Employers who fail to keep the necessary records may face administrative fines of up to $5,000.
Employee Scheduling Laws
Nevada doesn’t have any predictive scheduling laws.
Employee Compensation and Benefits
Reporting Time Pay
Nevada has no laws requiring employers to pay employees who attend work but are sent home immediately or early.
Employees must be paid for the hours they work.
Payday Frequency and Method
Employees must be paid at least semimonthly on regularly scheduled paydays. Paydays can’t be later than:
- The 15th day of the month (for wages earned before the first day of the month).
- The last day of the month (for wages earned before the 16th day of the month).
Employers must post notices of regular paydays in at least 2 places in the workplace.
Employers can change employees’ regular payday only if they give at least 7 days’ notice to each individual affected by the change.
Paystub Requirements
Employers must provide employees with a list of any deductions made and leave accruals in each pay period.
If an employee requests to see their wage records, the employer must provide them to the employee within 10 days.
Wage Deductions and Garnishments
Aside from deductions required by law—such as taxes—employers can make deductions from employees’ pay only where employees provide written authorization. This authorization must state the purpose, pay period, and deduction amount.
Where employees are required to wear uniforms, employers must provide these at no cost to employees.
Under Nevada law, wage garnishments can’t exceed the lowest of:
- 18% of the employee’s weekly disposable earnings if their gross weekly salary or wage at the time the garnishment was ordered was $770 or less.
- 25% of the employee’s weekly disposable earnings if their gross weekly salary or wage at the time the garnishment was ordered was more than $770.
- The amount by which the employee’s disposable weekly earnings exceed 50 times the federal minimum wage.
Child and spousal support garnishments are limited to up to 50% of an employee’s disposable weekly earnings if they support another child or spouse and 60% if not.
Nevada employers can’t terminate an employee’s employment based on a wage garnishment.
Final Paycheck Laws
When an employer terminates the employment, an employee’s final wages are due immediately, and the employer must pay them within 3 days.
When employees terminate their employment, the employer must pay them their final wages by their next regularly scheduled payday or within 7 days—whichever is sooner.
Employers who fail to give employees their final paycheck as required must pay employees their regular wages each day until they’re paid in full or for 30 days, whichever is less.
Workers’ Compensation
All employers in the construction industry and any other employer with 1 or more employees must have workers’ compensation insurance. They can obtain this insurance from an authorized private insurance carrier or—in some cases—be self-insured.
Nevada workers’ compensation provides financial compensation for any qualified employee who sustains workplace injury or illness. This includes compensation for:
- Medical expenses.
- Lost time.
- Permanent partial disability.
- Permanent total disability.
- Rehabilitation.
- Death benefits.
Workers’ compensation insurance doesn’t cover some employees.
The Division of Industrial Relations administers workers’ compensation in Nevada under the Department of Business & Industry Industrial Regulations.
To access workers’ compensation, employees must:
- Report workplace injuries or illnesses to their employer immediately and no later than 7 days after the accident or illness is diagnosed by filling out Form C-1, Notice of Injury or Occupational Disease—Incident Report.
- File a claim for compensation within 90 days if medical treatment is needed (Form C-4, Employee’s Claim for Compensation/Report of Initial Treatment).
If the claim is denied, the employee receives a determination letter explaining the decision. If an employee disagrees with an insurer’s decision to refuse compensation, they can appeal to the Department of Administration Hearing Officer. They must do so within 70 days of the date of their determination letter.
Further appeals can be made to the Department of Administration Appeals Officer (within 30 days of a Hearing Officer’s decision) and the District Court (within 30 days of an Appeals Officer’s decision).
Unemployment Insurance
Unemployment benefits are available to individuals who have lost their jobs through no fault of their own.
Unemployment insurance funds unemployment benefits. Any employer who pays $225 or more in wages during a calendar quarter generally must pay unemployment insurance tax to the Nevada Employment Security Division.
Employers’ tax rates depend on various factors. The current rate for new businesses is 2.95%.
Employers pay this tax on each employee’s wages up to the taxable wage base. The taxable wage base varies annually and is calculated as 66 ⅔ percent of the average annual wage paid to Nevada workers. For 2024, it’s $40,600.
To receive unemployment benefits, individuals must:
- Have earned the minimum amount required by state guidelines during their base period (i.e., the first 4 of the last 5 completed calendar quarters). These guidelines are detailed in the handbook for claimants.
- Be unemployed through no fault of their own.
- Be able to work and be available for work.
- Be actively seeking work (individuals must document their weekly job search activities).
- File their weekly claims.
The maximum weekly benefit someone can receive is $496 for up to 26 weeks. Benefits may be available longer than 26 weeks during periods of high unemployment.
Individuals can file for unemployment benefits online via the Claimant Self-Service or a Telephone Claim Center. If they’re denied benefits, they can appeal to the Division within 11 days of the mailing date of the notice of denial.
The Department of Employment, Training, and Rehabilitation administers unemployment benefits in Nevada.
Workplace Rights and Protections
Discrimination and Harassment
Under state law, Nevada employers with 15 or more employees can’t discriminate against applicants or employees based on the following protected characteristics:
- Race (including hair texture and protective hairstyles).
- Color.
- Religion.
- Sex.
- Sexual orientation.
- Gender identity or expression.
- Age (40 and older).
- Disability.
- National origin.
Employers also can’t discriminate against applicants or employees based on their use of lawful products outside of work hours, as long as the use doesn’t adversely affect others’ safety or the person’s ability to do their job.
Many protected characteristics under Nevada law overlap with those under federal employment discrimination law.
Individuals can file discrimination complaints with the Nevada Equal Rights Commission (NERC) or—if the protected characteristic also exists under federal law—the Equal Employment Opportunity Commission (EEOC). Employment discrimination claims generally must be filed within 180 days of the alleged discrimination, although this can extend to 300 days in certain circumstances.
Individuals can also file civil lawsuits against employers once the NERC or EEOC has investigated their claims. An individual must file the civil lawsuit within 90 days of receiving a “Notice of Right to Sue” from NERC or EEOC.
Leave Laws
| 𐄂 Family and Medical Leave | Nevada doesn’t have a state family and medical leave law. The federal Family and Medical Leave Act (FMLA) may apply to Nevada employers. Where it does, eligible employees are entitled to up to 12 weeks of unpaid family and medical leave each year. |
| 𐄂 Paid Sick Leave | Nevada employers aren’t required to provide paid sick leave. Employees may use accrued paid leave (see below) as sick leave. Where an employer offers paid or unpaid sick leave, they must allow employees to use it to assist immediate family members with their medical illnesses or injuries. Employers can limit the amount of sick leave employees use for this purpose to a minimum of the sick leave employees accrue over 6 months. |
| 𐄂 Paid Family Leave | Nevada doesn’t require employers to provide paid family leave. Employees may use accrued paid leave (see below) for this purpose. |
| 𐄂 Pregnancy and Parental Leave | Employers aren’t required to provide specific pregnancy and parental leave. Employees may use accrued paid leave for this (see below). |
| ✔ Vacation and Personal Leave | Employers with 50 or more employees must provide paid leave. Employees can use this leave for any reason, including medical or caregiving reasons. This paid leave accrues at a minimum of 0.01923 hours per hour worked. Employers can limit leave accruals to 40 hours a year and set a minimum amount of leave that employees must use at a time (this minimum can’t exceed 4 hours). Employees can choose to receive the whole of their leave allowance at the start of the year or accrue it over the year. Employers are free to apply a “use it or lose it” policy to paid leave. Where employers don’t apply this policy, employees can carry over their accrued leave into the following year. However, employers can cap carry-over amounts to a maximum of 40 hours per year. Employers can choose whether to pay employees accrued leave on their termination. Employers must maintain records of accrued and used paid leave for 1 year. There are some limited exceptions to this requirement, including: Businesses in the first 2 years of operation don’t have to comply with this requirement. Employers don’t have to maintain records for temporary, seasonal, or on-call employees. |
Military, Jury Duty, and Other Mandatory Leave
There are several other types of mandatory leave in Nevada.
| Military Leave | Employers can’t terminate employees who are members of the Nevada National Guard—or another National Guard—who attend required training or are called to active duty. |
| Jury Duty Leave | Employers can’t take adverse action against employees who attend jury service as long as they provide reasonable notice. Employees can’t be required to use annual, vacation, or sick leave to attend jury duty. |
| Voting Leave | If it’s impractical for employees to vote before or after work, employers must give them paid leave to vote. Employees are entitled to: 1 hour, where the voting place is 2 miles or less from the workplace. 2 hours, where the voting place is between 2 and 10 miles from the workplace. 3 hours, where the voting place is more than 10 miles from the workplace. Employees must request this leave before election day. |
| Domestic Violence and Sexual Assault Leave | Any employee who’s a domestic violence victim or whose family or household member is a domestic violence victim is entitled to up to 160 hours of leave in the 12 months following the act of domestic violence. This leave can be paid or unpaid and is available to employees who have worked with the employer for at least 90 days. Employers can request supporting documentation for these leave requests. As of January 1, 2024, this leave is also available to victims of sexual assault and their household and family members. |
| School-Related Activities Leave | Employers must give employees with children enrolled in public school 4 hours of leave each school year to attend parent-teacher conferences and other school-related activities. Employers can require employees to provide a written request for this leave at least 5 school days in advance. This leave doesn’t have to be paid. |
Child Labor Laws
Employers generally can’t employ minors under 14. Children under 14 can work only with the written permission of a district court judge or someone authorized to sign a work permit.
Below are Nevada’s limits on the hours and jobs minors can work. The federal Fair Labor Standards Act (FLSA) applies to many Nevada employers and imposes stricter limitations.
| 14 and 15-year-olds | 16 and 17-year-olds | |
| Limits on hours | Can’t work more than 48 hours a week or 8 hours a day. | No limits |
| Limits on types of work | Children under 16 can’t work in certain occupations or workplaces, including: Paint manufacturing. Mines. Laundries. Distilleries. A detailed list is available here. | Employers can’t engage minors: In begging or receiving alms. In any indecent or immoral exhibition or practice. In any practice or exhibition dangerous or injurious to life, limb, health, or morals. As messengers for delivering letters, telegrams, packages, or bundles to any house of prostitution or assignation. In any public dance hall within Nevada where alcoholic beverages are dispensed. In any area of a casino where there’s gaming or where the sale of alcoholic beverages is the primary commercial activity—unless the minor is in the casino area to provide entertainment under an employment contract. |
Workplace Safety and Health
Nevada has a state plan approved by the federal Occupational Safety and Health Administration (OSHA). This plan applies to most private employers with some narrow exceptions.
The Nevada Occupational Safety and Health Administration (Nevada OSHA), under the Department of Business and Industry, administers Nevada’s state plan. The Nevada Operations Manual is a reference guide for compliance with the plan.
The state plan follows most of the standards under the federal OSHA Act. However, it has unique standards for certain risks, including cranes, asbestos, and sanitation.
Employers must provide employees with safe working conditions. This requirement includes:
- Providing a workplace free from known hazards.
- Reporting any workplace deaths to Nevada OSHA within 8 hours of finding out about them.
- Reporting any inpatient hospitalization, amputations, or loss of an eye within 24 hours of learning about them.
- Implementing a written workplace safety program (for employers who have 11 or more employees or who manufacture explosives).
Employees also have occupational safety and health obligations, including to:
- Comply with the occupational health and safety laws and rules set by their employer and Nevada OSHA.
- Wear any personal protective equipment provided by their employer.
- Report any unsafe conditions to their employer.
Any employee can file a complaint with Nevada OSHA and request a workplace inspection. Employers can’t take adverse action against employees who file Nevada OSHA complaints.
Nevada OSHA investigates complaints and asks employers to take steps to address any violations. Employers may face penalties for each violation—for example, up to $161,232 for willful violations and $16,131 for serious violations—and can also face criminal penalties.
Labor Union Regulations
Nevada is a right-to-work state—an employee can’t be required to join a labor union or pay labor union membership as a condition of their employment.
Notices to strike must be signed by at least 3 Nevada residents who have lived there for at least 6 months.
The governor or a commission appointed by the governor mediates and conciliates labor disputes. If mediation or conciliation can’t resolve the conflict, it goes to a 3-person arbitration board.
Employment Contracts and Severance
Employment Contract Laws
Nevada is an at-will employment state—employers and employees can terminate their employment at any time for any reason, as long as the reason isn’t unlawful.
Non-competes are strictly regulated in Nevada. To be valid and enforceable, the agreement must:
- Be supported by consideration.
- Not impose greater restraints than are necessary to protect the employer’s business.
- Not create any undue hardship for the employee.
- Contain appropriate restrictions in terms of time, geographic location, and scope of activities.
An employee can provide a service to a former customer or client if the client approaches the employee voluntarily and isn’t solicited by the employee.
Non-competes don’t apply to employees paid on an hourly basis.
Severance Pay
Severance pay isn’t mandatory in Nevada. Where an employer offers it, they must comply with the relevant terms of the employment contract or collective bargaining agreement.
Additional Laws That Might Apply to You
| Workplace drug and alcohol testing | Employers can conduct pre-employment drug testing. However, they can’t refuse to hire candidates who test positive for marijuana. Certain exemptions apply—including for roles such as firefighters and emergency medical technicians and for situations where marijuana use could adversely affect the safety of others. |
| Lactation breaks | Mothers with children under 1 year old must be given reasonable break time to express milk. This time may be paid or unpaid. Employers must provide a clean and private place other than a bathroom for them to do so. Employers with less than 50 employees don’t have to comply with this law if doing so would cause them undue hardship. |
| Pay transparency laws | Nevada employers can’t ask candidates about their salary history during hiring. However, employers must provide interviewed candidates with a wage or salary range for the position. They must also provide this information to employees who have applied for, interviewed for, or requested the wage or salary range for a promotion or transfer. |
| Genetic testing prohibited | Employers can’t ask job applicants or employees to submit to a genetic test. |
| Pregnant Workers Fairness Act | Employers with 15 or more employees must provide reasonable accommodations to pregnant workers who request them in relation to pregnancy, childbirth, or a related medical condition. Employers don’t have to make reasonable accommodations if doing so would cause them undue hardship. |
COVID-19 Related Laws and Regulations
Nevada employers were required to provide employees with paid leave to receive COVID-19 vaccinations. However, Nevada’s COVID-19 laws were repealed in 2023.
Navigating Legal Issues and Resources
A good starting point to learn more about your obligations as an employer or rights as an employee in Nevada is the relevant government websites. These include:
Employees seeking free employment law resources and support can try:
- Nevada Legal Services.
- The Supreme Court of Nevada’s Self-Help Center, which has a list of organizations that provide free and low-cost legal assistance.
Disclaimer
The information presented on this website about labor laws in Nevada is a summary for informational purposes only and is not intended as legal advice. However, laws and regulations regularly change and may vary depending on individual circumstances. While we have made every effort to ensure the information provided is up to date and reliable, we cannot guarantee its completeness, accuracy, or applicability to your specific situation. Therefore, we strongly recommend that each reader seek guidance from their legal department or a qualified attorney to ensure compliance with applicable laws and regulations. Please note that we cannot be held liable for any actions taken or not taken based on the information presented on this website.