Nevada Labor Laws: Everything You Need to Know
Nevada labor laws say that the minimum wage in Nevada for employers who compensate employees with a qualifying health benefit is $7.25.5 min read
What Are Nevada Labor Laws?
Nevada labor laws state that the minimum wage in Nevada for employers who compensate employees with a qualifying health benefit is $7.25. For employers who do not provide a qualifying health benefit, the minimum wage is $8.25.
Employers are required by law to pay overtime at one and a half times the regular hourly wage for employees who work over 40 hours in one week, unless otherwise exempt. Employers should pay overtime at one and a half times the regular rate for employees who work more than eight hours in a workday to employees who receive compensation at one and a half times less the minimum wage unless exempt.
If the employee falls within an exclusion to overtime laws, such as a salaried position as defined by law, they are considered an exempt employee and aren't eligible for overtime.
Meals and Breaks
Employers must provide employees a meal period of 30 minutes when the employee works for a continuous period of 8 hours. Employers must also provide employees a 10-minute break per each four-hour period worked. Employees who work three and a half hours or less are not eligible for a break period.
Nevada Wage and Hour Regulations on the Break Requirements
Employees working at least three and a half hours are permitted one 10-minute break period. If they work for more than three and a half hours, but less than seven continuous hours, they get two 10-minute break periods. In the event the employee works at least seven hours, but less than 11 continuous hours, they receive three 10-minute break periods. An employee who works at least eleven continuous hours and less than 15 is to receive four 10-minute break periods.
Exceptions to the Meal and Break Requirements
- No breaks are given if the employee is the only person employed at the establishment at any given time.
- Employees can voluntarily agree to not take a break or meal period during their shift.
Employers are not required to provide employees with severance pay. If an employer has an internal policy for severance pay, that employer has to follow its own rules and guidelines for said pay.
Nevada Employment Law Basics
State and federal employment laws protect an employee’s workplace rights in Nevada. An employer cannot discriminate, withhold overtime pay, dictate when an employee can take time off work, and has to provide a safe working environment.
State and federal laws are applied to every aspect of the employment relationship, beginning with the interview process and hiring to discipline, wages, promotions, benefits, and termination.
Nevada Laws on Harassment and Discrimination
Employers are required to adhere to Title VII of the Civil Rights Act of 1964. The act states that employers cannot make decisions grounded on color, race, sex (including pregnancy), religion, or national origin. Age based discrimination takes effect for those who are at least 40 years of age. Discrimination based on disability or genetic information is also prohibited.
An employer cannot discriminate at any point during the working relationship. That includes:
- Job listings
- Hiring decisions
- Gender identity or expression
- Sexual orientation whether actual or perceived
- Credit information or report
- Use of a service animal
- Opposition to unlawful employment practices
Workers are safe from discrimination when the employee lawfully partakes of an activity while not at work.
Harassment is also prohibited in the workplace. It's defined by unwelcome statements or actions based on a protected trait of either race or sex. If the comments create an aggressive working environment to the point the employee has to endure in order to keep or get a job, it's a violation of that employee's rights.
An employee receives protection from retaliation in the event they complain of harassment or discrimination in the workplace. In the event that an employee makes a complaint to the Nevada Equal Rights Commission or the EEOC, or files a lawsuit, the employer cannot take any adverse or retaliatory action against the employee. Doing so is considered an illegal act by the employer.
Taking Time Off From Your Nevada Job
Paid leave that includes vacation time, holidays, sick days, or paid time off are offered at the discretion of the employer. Neither Nevada nor federal law necessitates employers to provide paid leave. Employers are allowed to offer unpaid leave for reasons that include:
- Medical and Family leave
- Leave from school activities
- Military leave
- Leave for military family
- Jury duty
- Time off to vote
- Domestic violence leave
The federal Family and Medical Leave Act allows employees to take up to 12 unpaid weeks off work for personal or family needs.
Nevada Laws on Workplace Injuries and Safety
Nevada defers to the Occupational Safety and Health Act (OSHA) when requiring employers to offer a workplace that is safe of known hazards. Safe conditions, healthy working environments, and necessary safety and training equipment has to be provided by an employer.
In the event an employee feels the employer has made safety violations, the employee has the right to request an inspection from OSHA. An employee who complains about unsafe conditions must not be retaliated against by the employer.
Most employers in Nevada are required to carry a type of insurance known as workers' compensation. It covers employees who obtain an injury or illness while on the job. Workers' compensation pays a percentage of the employee's earnings while they aren't able to work, covers essential medical treatment, and provides rehabilitation along with other benefits.
Leaving Your Nevada Job
Employees in Nevada are considered to be at-will, which means that they can leave their job at any time. Employers can fire employees at any time for any reason that isn't illegal. Employers cannot fire employees for reasons that are considered discriminatory or retaliatory.
Insurance and Unemployment Benefits
Employees are considered eligible for unemployment benefits in the event that person is unemployed through no fault of their own or was fired due to serious misconduct. In the event the employee qualifies, they will receive a percentage of their average earnings for up to 26 weeks.
An employee who was fired has the option to continue their insurance coverage through COBRA or obtain a policy on the health care exchange. Job loss is a qualifying event that allows someone to buy a policy outside of the enrollment period.
If you need help with Nevada labor laws, you can post your legal need on UpCounsel’s marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.