Nevada Overtime Laws

Unlike many other states, Nevada has multiple overtime law provisions. The first overtime law provision follows the federal overtime laws of the Fair Labor Standards Act (FLSA), which mandates that employers pay overtime at the rate of 1.5 times the employee's regular rate for all hours worked in excess of 40 in a workweek. Second, employers in Nevada must pay overtime at the rate of 1.5 times the employee's regular payrate for all hours worked in excess of eight in a workday. However, this provision only applies to employees who are compensated less than 1.5 times the minimum wage rate in Nevada.

Nevada Overtime Law Overview

Nevada overtime laws and their primary provisions can be viewed in the following table.

State and Federal Statutes

Overtime Calculation Methods:

  • Hourly: Pay time and a half (1.5 times the regular rate) for hours worked in excess of 40 hours per workweek.
  • Hourly Plus Bonus and/or Commission: Regular rate = Total hours times hourly rate, plus the workweek equivalent of the bonus and/or commission, divided by the total hours in the workweek; then pay half of that regular rate for each overtime hour.
  • Salary: Regular rate = Salary divided by the number of hours the salary is intended to compensate.
    • If the regular hours are less than 40: Add regular rate for each hour up to 40, then pay time and a half for hours over 40.
    • If the regular hours = 40: Pay time and a half for hours over 40.

Exempt from FLSA

  • The following classes of employees are not entitled to overtime pay in Nevada (partial list)
    • Executive employees
    • Administrative employees
    • Professional employees
    • Employees not covered by Nevada minimum wage provisions
    • Outside buyers

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Application of Nevada Overtime Laws

Because of the way Nevada overtime laws are structured, employees may only be entitled to certain overtime wages. For example, an employee can collect overtime for hours worked over eight in a 24 hour period only if they make less than 1.5 times Nevada's minimum wage. If an employee gets paid more than 1.5 times Nevada's minimum wage, then they can only collect overtime pay for hours worked in excess of 40 in a week.

Nevada Overtime Exemptions

Specific types of employees are exempted under Nevada overtime laws, including:

  • Executive employees
  • Administrative employees
  • Professional employees
  • Employees not covered by Nevada minimum wage provisions
  • Outside buyers
  • Retail or service business employees
  • Employees covered by collective bargaining agreements which provide otherwise for overtime
  • Drivers, drivers' helpers, loaders and mechanics for motor carriers
  • Employees of a railroad
  • Employees of a carrier by air
  • Drivers or drivers' helpers making local deliveries and paid on a trip-rate basis or other delivery payment plan
  • Drivers of taxicabs or limousines
  • Agricultural employees
  • Employees of business enterprises having an annual gross sales volume of less than $250,000
  • Any salesperson or mechanic primarily engaged in selling or servicing automobiles, trucks or farm equipment
  • Certain mechanics or workers for any hours under Nevada state law

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As demonstrated above, Nevada has several overtime provisions that may or may not apply to your situation. If you believe your employer owes you overtime pay or have any further questions about Nevada overtime laws, you can consult a local attorney for a free, no-obligation case review.

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