{ "type": "practice-guide", "canonical": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada", "links": [ { "rel": "self", "href": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada.json", "type": "application/json" }, { "rel": "alternate", "href": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada", "type": "text/html" }, { "rel": "alternate", "href": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada/markdown", "type": "text/markdown" }, { "rel": "alternate", "href": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada/json", "type": "application/json" }, { "rel": "license", "href": "https://creativecommons.org/licenses/by/4.0/", "type": "text/html", "external": true, "title": "CC BY 4.0" } ], "data": { "topic": "wage-and-hour", "state": "nevada", "frontmatter": { "title": "Wage and Hour Law in Nevada", "description": "A plain-language guide for Nevada employers and employees to the state's constitutional minimum wage, daily and weekly overtime, meal and rest periods, final-pay deadlines and waiting-time penalties, semimonthly paydays and deduction statements, the independent-contractor presumption, the ban on tip credits, and the ways wage-and-hour rights are enforced in court and by the Labor Commissioner.", "state": "Nevada", "lastReviewed": "2026-09-27", "license": "CC BY 4.0", "authors": [ "steven-obiajulu" ], "summary": { "minimumWageFloor": "aboveFederal", "bottomLine": "Nevada employers must pay at least $12 an hour, or the federal minimum wage if it is higher, with no tip credit, owe daily overtime after 8 hours to workers paid less than one and one-half times the minimum wage, must provide meal and paid rest periods, and must pay discharged workers immediately. If final pay is not made within 3 days after it becomes due for a discharge or a temporary layoff, or on its due date after a resignation, the worker's wages continue for up to 30 days.", "keyLaw": [ { "source": "nv-const-15-16-1" }, { "source": "nrs-608-018-1" }, { "source": "nrs-608-020-1" }, { "source": "nrs-608-040-1" } ], "dailyOvertime": "daily", "mealRestBreaks": "paidRestAndMeal", "finalPayTiming": "immediate", "latePayPenalty": "waitingTimePenalty", "payFrequency": "semiMonthly", "wageStatement": "basicRequired", "workerClassificationTest": "multiFactor", "tipCredit": "noTipCredit", "currentAsOf": "2026-09-27" }, "about": [ "Nevada minimum wage", "Nevada daily overtime", "meal and rest periods", "final pay and waiting-time penalties", "independent contractor presumption", "tip credit prohibition", "wage claim enforcement" ] }, "questions": [ { "slug": "minimum-wage", "label": "What is the state minimum wage, and how does it relate to the federal floor?", "heading": "What is the minimum wage?", "answerText": "Under the Nevada Constitution, Nevada employers must pay each covered employee at least $12 for every hour worked, or the federal minimum wage if that is ever higher than $12. The Legislature may set a minimum wage by law that is higher than the constitutional rate. According to the Nevada Labor Commissioner's 2026 bulletin, the 2022 ballot measure ended Nevada's old two-tier minimum wage as of July 1, 2024, so the lower rate that once applied when an employer offered health benefits is gone. The constitutional definition of employee leaves out employees under 18, employees of a nonprofit hired for after-school or summer work, and trainees for up to 90 days. An individual employee cannot agree to give up the constitutional minimum wage. A bona fide collective bargaining agreement can waive it, but only if the agreement says so explicitly, in clear and unambiguous terms. Unilateral implementation of employment terms by either party to a collective bargaining relationship is not a waiver. Employers also may not make employees work without pay during a trial or break-in period. The same applies to time spent putting on or taking off a uniform or protective equipment that employees are not allowed to bring from home or wear from home.", "sources": [ { "id": "nv-const-15-16-1", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Nev. Const. art. 15, § 16", "citation": "Nev. Const. art. 15, § 16(1)", "url": "https://www.leg.state.nv.us/Const/NvConst.html", "proposition": "Except as otherwise provided in section 16, each Nevada employer must pay each employee at least $12 per hour worked.", "verbatimQuote": "Except as otherwise provided in this section, beginning July 1, 2024, each employer shall pay a wage to each employee of not less than twelve dollars ($12) per hour worked.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nv-const-15-16-1" }, { "id": "nv-const-15-16-2", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Nev. Const. art. 15, § 16", "citation": "Nev. Const. art. 15, § 16(2)", "url": "https://www.leg.state.nv.us/Const/NvConst.html", "proposition": "Whenever the federal minimum wage is greater than $12 per hour, each Nevada employer must pay each employee at least the federal hourly rate.", "verbatimQuote": "If, at any time, the amount of the federal minimum wage is greater than twelve dollars ($12) per hour worked, each employer must pay a wage to each employee of not less than the hourly rate established for the federal minimum wage.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nv-const-15-16-2" }, { "id": "nv-const-15-16-3", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Nev. Const. art. 15, § 16", "citation": "Nev. Const. art. 15, § 16(3)", "url": "https://www.leg.state.nv.us/Const/NvConst.html", "proposition": "The Nevada Legislature may set by law a minimum wage higher than the constitutional hourly rate.", "verbatimQuote": "The Legislature may establish by law a minimum wage that an employer must pay to each employee that is greater than the hourly rate required by this section.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nv-const-15-16-3" }, { "id": "nv-lc-2026-mw-bulletin", "authorityType": "agency-guidance", "tier": "official-source-backed", "title": "Nevada Labor Commissioner, 2026 Annual Minimum Wage Bulletin", "citation": "Nevada Labor Commissioner, 2026 Annual Minimum Wage Bulletin", "url": "https://labor.nv.gov/uploadedFiles/labornvgov/content/Employer/26.06.29%20-%202026%20Minimum%20Wage%20Bulletin.pdf", "proposition": "The Nevada Labor Commissioner states that Ballot Question 2, passed in November 2022, eliminated Nevada's two-tier minimum wage.", "verbatimQuote": "NEVADA BALLOT QUESTION 2, PASSED NOVEMBER 2022, ELIMINATED TWO-TIER MINIMUM WAGE AS OF JULY 1, 2024.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nv-lc-2026-mw-bulletin" }, { "id": "nv-const-15-16-8a", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Nev. Const. art. 15, § 16", "citation": "Nev. Const. art. 15, § 16(8)(a)", "url": "https://www.leg.state.nv.us/Const/NvConst.html", "proposition": "The constitutional definition of employee excludes employees under 18, nonprofit after-school or summer employees, and trainees for no longer than 90 days.", "verbatimQuote": "“Employee” means any person who is employed by an employer as defined herein but does not include an employee who is under eighteen (18) years of age, employed by a nonprofit organization for after school or summer employment or as a trainee for a period not longer than ninety (90) days.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nv-const-15-16-8a" }, { "id": "nv-const-15-16-5-waiver", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Nev. Const. art. 15, § 16", "citation": "Nev. Const. art. 15, § 16(5)", "url": "https://www.leg.state.nv.us/Const/NvConst.html", "proposition": "Except as section 16 otherwise provides, an employee and employer cannot waive the constitutional minimum-wage provisions by agreement.", "verbatimQuote": "Except as otherwise provided in this section, the provisions of this section may not be waived by agreement between an employee and his or her employer.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nv-const-15-16-5-waiver" }, { "id": "nv-const-15-16-5-cba", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Nev. Const. art. 15, § 16", "citation": "Nev. Const. art. 15, § 16(5)", "url": "https://www.leg.state.nv.us/Const/NvConst.html", "proposition": "A bona fide collective bargaining agreement may waive the constitutional minimum-wage provisions only if it states the waiver explicitly, in clear and unambiguous terms, and unilateral implementation of employment terms by either bargaining party is not a waiver.", "verbatimQuote": "All of the provisions of this section, or any part hereof, may be waived in a bona fide collective bargaining agreement, but only if the waiver is explicitly set forth in such agreement in clear and unambiguous terms. Unilateral implementation of terms and conditions of employment by either party to a collective bargaining relationship shall not constitute, or be permitted, as a waiver of all or any part of the provisions of this section.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nv-const-15-16-5-cba" }, { "id": "nrs-608-016", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NRS 608.016", "citation": "NRS 608.016", "url": "https://www.leg.state.nv.us/nrs/NRS-608.html", "proposition": "A Nevada employer may not require an employee to work without wages during a trial or break-in period, or while donning or doffing a uniform or protective equipment that employees are not permitted to bring or wear from home.", "verbatimQuote": "An employer shall not require an employee to work without wages during a trial or break-in period or when an employee is donning or doffing a uniform or personal protective equipment where employees are not permitted to bring or wear uniforms or personal protective equipment from home.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nrs-608-016" } ] }, { "slug": "overtime", "label": "Does the state require daily overtime beyond the federal 40-hour weekly rule?", "heading": "When is overtime owed?", "answerText": "Nevada employers must pay one and one-half times the regular rate to a non-exempt employee paid less than one and one-half times the minimum wage who works more than 40 hours in a scheduled week, and to that employee for work beyond 8 hours in a workday unless, by mutual agreement, the employee works a scheduled 10 hours a day for 4 calendar days within the scheduled week. That four-day, 10-hour exception applies only to the daily rule, so hours over 40 in the week still earn overtime. Employees paid at least one and one-half times the minimum wage earn overtime only for hours beyond 40 in a scheduled week of work. The statute makes that weekly overtime calculation subject to listed federal Fair Labor Standards Act regulations on computing overtime pay from the regular rate. For home care employees, an overtime regulation adopted by the Director of the Department of Human Services under NRS 608.670 prevails over these general overtime rules. The Labor Commissioner's 2026 daily-overtime bulletin states the same split, tied to the applicable minimum wage rate. With the minimum wage at $12 an hour, one and one-half times the minimum is $18 an hour. Nevada law defines a workday as the 24 hours that start when the employee begins work, not a calendar day. Employers may not give compensatory time off instead of paying wages for overtime already worked. Both overtime rules are subject to a statutory list of exemptions. Among them are employees not covered by the constitutional minimum wage, outside buyers, certain commissioned retail or service employees paid more than one and one-half times the minimum wage, bona fide executive, administrative or professional employees, employees under collective bargaining agreements that provide otherwise for overtime, certain motor-carrier drivers and mechanics, railroad and air-carrier employees, taxicab and limousine drivers, agricultural employees, and employees of businesses with gross sales under $250,000 a year.", "sources": [ { "id": "nrs-608-018-1", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NRS 608.018", "citation": "NRS 608.018(1)", "url": "https://www.leg.state.nv.us/nrs/NRS-608.html", "proposition": "NRS 608.018(1) requires a Nevada employer to pay one and one-half times the regular rate to an employee paid less than one and one-half times the statutory minimum rate who works more than 40 hours in a scheduled week or more than 8 hours in a workday, unless the employee has agreed to a scheduled four-day week of 10-hour days.", "verbatimQuote": "An employer shall pay 1 1/2 times an employee’s regular wage rate whenever an employee who receives compensation for employment at a rate less than 1 1/2 times the minimum rate set forth in NRS 608.250 works: (a) More than 40 hours in any scheduled week of work; or (b) More than 8 hours in any workday unless by mutual agreement the employee works a scheduled 10 hours per day for 4 calendar days within any scheduled week of work.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nrs-608-018-1" }, { "id": "nrs-608-018-3", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NRS 608.018", "citation": "NRS 608.018(3)", "url": "https://www.leg.state.nv.us/nrs/NRS-608.html", "proposition": "NRS 608.018(3) lists the employees to whom the daily and weekly overtime requirements do not apply.", "verbatimQuote": "The provisions of subsections 1 and 2 do not apply to: (a) Employees who are not covered by the minimum wage provisions of Section 16 of Article 15 of the Nevada Constitution; (b) Outside buyers; (c) Employees in a retail or service business if their regular rate is more than 1 1/2 times the minimum wage, and more than half their compensation for a representative period comes from commissions on goods or services, with the representative period being, to the extent allowed pursuant to federal law, not less than 1 month; (d) Employees who are employed in bona fide executive, administrative or professional capacities; (e) Employees covered by collective bargaining agreements which provide otherwise for overtime; (f) Drivers, drivers’ helpers, loaders and mechanics for motor carriers subject to the Motor Carrier Act of 1935, as amended; (g) Employees of a railroad; (h) Employees of a carrier by air; (i) Drivers or drivers’ helpers making local deliveries and paid on a trip-rate basis or other delivery payment plan; (j) Drivers of taxicabs or limousines; (k) Agricultural employees; (l) Employees of business enterprises having a gross sales volume of less than $250,000 per year; (m) Any salesperson or mechanic primarily engaged in selling or servicing automobiles, trucks or farm equipment; (n) A mechanic or worker for any hours to which the provisions of subsection 3 or 4 of NRS 338.020 apply; (o) A domestic worker who resides in the household where he or she works if the domestic worker and his or her employer agree in writing to exempt the domestic worker from the requirements of subsections 1 and 2; and (p) A domestic service employee who resides in the household where he or she works if the domestic service employee and his or her employer agree in writing to exempt the domestic service employee from the requirements of subsections 1 and 2.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nrs-608-018-3" }, { "id": "nv-lc-2026-ot-bulletin", "authorityType": "agency-guidance", "tier": "official-source-backed", "title": "Nevada Labor Commissioner, 2026 Annual Daily Overtime Bulletin", "citation": "Nevada Labor Commissioner, 2026 Annual Daily Overtime Bulletin", "url": "https://labor.nv.gov/uploadedFiles/labornvgov/content/Employer/26.06.29%20Annual%20Bulletin%20-%20Daily%20Overtime.pdf", "proposition": "The Nevada Labor Commissioner states that employers must pay 1.5 times the regular rate to an employee paid less than 1.5 times the applicable minimum wage who works more than 40 hours in a workweek or more than 8 hours in a workday, unless exempted.", "verbatimQuote": "EMPLOYERS MUST PAY 1.5 TIMES AN EMPLOYEE’S REGULAR WAGE RATE WHENEVER AN EMPLOYEE WHO IS PAID LESS THAN 1.5 TIMES THE APPLICABLE MINIMUM WAGE RATE WORKS MORE THAN 40 HOURS IN ANY WORKWEEK OR MORE THAN 8 HOURS IN ANY WORKDAY, UNLESS OTHERWISE EXEMPTED.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nv-lc-2026-ot-bulletin" }, { "id": "nrs-608-018-2", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NRS 608.018", "citation": "NRS 608.018(2)", "url": "https://www.leg.state.nv.us/nrs/NRS-608.html", "proposition": "A Nevada employer must pay one and one-half times the regular rate to an employee paid at least one and one-half times the statutory minimum rate who works more than 40 hours in a scheduled week of work.", "verbatimQuote": "An employer shall pay 1 1/2 times an employee’s regular wage rate whenever an employee who receives compensation for employment at a rate not less than 1 1/2 times the minimum rate set forth in NRS 608.250 works more than 40 hours in any scheduled week of work.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nrs-608-018-2" }, { "id": "nrs-608-018-2-regs", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NRS 608.018", "citation": "NRS 608.018(2)", "url": "https://www.leg.state.nv.us/nrs/NRS-608.html", "proposition": "The NRS 608.018(2) weekly overtime calculation is subject to listed federal Fair Labor Standards Act regulations on computing overtime pay based on the regular rate.", "verbatimQuote": "Such a calculation is subject to the following federal regulations which relate to principles for computing overtime pay based on the regular rate, adopted under the Fair Labor Standards Act of 1938, 29 U.S.C. §§ 201 et seq., 29 C.F.R. §§ 778.107 to 778.122, inclusive, 778.200 to 778.225, inclusive, 778.300 to 778.333, inclusive, 778.400 to 778.421, inclusive, and 778.500 to 778.503, inclusive.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nrs-608-018-2-regs" }, { "id": "nrs-608-018-4", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NRS 608.018", "citation": "NRS 608.018(4)", "url": "https://www.leg.state.nv.us/nrs/NRS-608.html", "proposition": "A regulation of the Director of the Department of Human Services on overtime for home care employees, adopted under NRS 608.670, prevails over the general overtime provisions of NRS 608.018.", "verbatimQuote": "Any regulation of the Director of the Department of Human Services concerning the payment of overtime to a home care employee adopted pursuant to NRS 608.670 prevails over the general provisions of this section.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nrs-608-018-4" }, { "id": "nv-const-15-16-1-ot", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Nev. Const. art. 15, § 16", "citation": "Nev. Const. art. 15, § 16(1)", "url": "https://www.leg.state.nv.us/Const/NvConst.html", "proposition": "Except as section 16 otherwise provides, each Nevada employer must pay each employee at least $12 per hour worked.", "verbatimQuote": "Except as otherwise provided in this section, beginning July 1, 2024, each employer shall pay a wage to each employee of not less than twelve dollars ($12) per hour worked.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nv-const-15-16-1-ot" }, { "id": "nrs-608-0126", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NRS 608.0126", "citation": "NRS 608.0126", "url": "https://www.leg.state.nv.us/nrs/NRS-608.html", "proposition": "Under Nevada wage law, a workday is the 24 consecutive hours beginning when the employee begins work.", "verbatimQuote": "“Workday” means a period of 24 consecutive hours which begins when the employee begins work.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nrs-608-0126" }, { "id": "nac-608-125-1", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NAC 608.125", "citation": "NAC 608.125(1)", "url": "https://www.leg.state.nv.us/NAC/NAC-608.html", "proposition": "A Nevada employer may not substitute compensatory time for a wage payment for overtime an employee has worked.", "verbatimQuote": "An employer shall not substitute compensatory time in place of a wage payment for overtime that was worked by an employee.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nac-608-125-1" } ] }, { "slug": "meal-rest-breaks", "label": "Are meal and rest breaks mandated, and are they paid?", "heading": "Are breaks required?", "answerText": "Nevada employers may not employ someone for a continuous 8 hours without allowing a meal period of at least one-half hour, and must allow paid rest periods of 10 minutes for every 4 hours worked or major fraction of 4 hours to employees who work at least 3½ hours a day. A break of less than 30 minutes does not interrupt a continuous period of work for the meal-period rule. No rest period is required for an employee whose total daily work time is less than 3½ hours. The Labor Commissioner's regulation sets the number of 10-minute rest periods: one for at least 3½ and less than 7 continuous hours, two for at least 7 and less than 11, three for at least 11 and less than 15, and four for at least 15 and less than 19. An unpaid lunch break is not counted in deciding how many hours the employee worked for this purpose. NRS 608.019 makes rest periods paid time, but it does not say the same about the meal period. The break rules do not apply where only one person is employed at a particular place of employment, or to employees covered by a collective bargaining agreement. The Labor Commissioner may also exempt an employer that applies and shows enough evidence that business necessity precludes providing these breaks. Separately, the Labor Commissioner may exempt a defined category of employers by regulation, either on the Commissioner's own motion or on an employers' association's application. An association's application must be considered at a hearing and may be granted if the Labor Commissioner finds that business necessity precludes providing the benefit. An employee may also voluntarily agree to skip a rest or meal period. If that agreement is questioned, the employer has to prove it exists.", "sources": [ { "id": "nrs-608-019-1", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NRS 608.019", "citation": "NRS 608.019(1)", "url": "https://www.leg.state.nv.us/nrs/NRS-608.html", "proposition": "A Nevada employer may not employ an employee for a continuous 8-hour period without permitting a meal period of at least one-half hour.", "verbatimQuote": "An employer shall not employ an employee for a continuous period of 8 hours without permitting the employee to have a meal period of at least one-half hour.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nrs-608-019-1" }, { "id": "nrs-608-019-2-duration", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NRS 608.019", "citation": "NRS 608.019(2)", "url": "https://www.leg.state.nv.us/nrs/NRS-608.html", "proposition": "Nevada rest periods are based on total daily hours worked, at 10 minutes for each 4 hours or major fraction of 4 hours.", "verbatimQuote": "The duration of the rest periods shall be based on the total hours worked daily at the rate of 10 minutes for each 4 hours or major fraction thereof.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nrs-608-019-2-duration" }, { "id": "nrs-608-019-2-paid", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NRS 608.019", "citation": "NRS 608.019(2)", "url": "https://www.leg.state.nv.us/nrs/NRS-608.html", "proposition": "Authorized rest periods count as hours worked, and employers may not deduct them from wages.", "verbatimQuote": "Authorized rest periods shall be counted as hours worked, for which there shall be no deduction from wages.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nrs-608-019-2-paid" }, { "id": "nrs-608-019-1-interrupt", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NRS 608.019", "citation": "NRS 608.019(1)", "url": "https://www.leg.state.nv.us/nrs/NRS-608.html", "proposition": "For the Nevada meal-period rule, a period of less than 30 minutes does not interrupt a continuous period of work.", "verbatimQuote": "No period of less than 30 minutes interrupts a continuous period of work for the purposes of this subsection.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nrs-608-019-1-interrupt" }, { "id": "nrs-608-019-2-short", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NRS 608.019", "citation": "NRS 608.019(2)", "url": "https://www.leg.state.nv.us/nrs/NRS-608.html", "proposition": "A Nevada employer need not authorize rest periods for employees whose total daily work time is less than 3 and one-half hours.", "verbatimQuote": "Rest periods need not be authorized however for employees whose total daily work time is less than 3 and one-half hours.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nrs-608-019-2-short" }, { "id": "nac-608-145-1", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NAC 608.145", "citation": "NAC 608.145(1)", "url": "https://www.leg.state.nv.us/NAC/NAC-608.html", "proposition": "Unless exempt under NRS 608.019, a Nevada employee who works at least 3 1/2 continuous hours is permitted one, two, three or four 10-minute rest periods according to bands of at least 3 1/2, 7, 11 and 15 continuous hours, each up to the next band.", "verbatimQuote": "Unless an employee is exempt pursuant to NRS 608.019 , an employee that works at least 3 1/2 continuous hours is permitted: (a) One 10-minute rest period if the employee works at least 3 1/2 continuous hours and less than 7 continuous hours; (b) Two 10-minute rest periods if the employee works at least 7 continuous hours and less than 11 continuous hours; (c) Three 10-minute rest periods if the employee works at least 11 continuous hours and less than 15 continuous hours; or (d) Four 10-minute rest periods if the employee works at least 15 continuous hours and less than 19 continuous hours.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nac-608-145-1" }, { "id": "nac-608-145-2", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NAC 608.145", "citation": "NAC 608.145(2)", "url": "https://www.leg.state.nv.us/NAC/NAC-608.html", "proposition": "An unpaid lunch break is not counted when determining a Nevada employee's hours worked for the rest-period count.", "verbatimQuote": "An unpaid lunch break is not considered when determining the number of hours worked by an employee for the purposes of subsection 1.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nac-608-145-2" }, { "id": "nrs-608-019-3", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NRS 608.019", "citation": "NRS 608.019(3)", "url": "https://www.leg.state.nv.us/nrs/NRS-608.html", "proposition": "The Nevada meal and rest period section does not apply where only one person is employed at a particular place of employment, or to employees included within a collective bargaining agreement.", "verbatimQuote": "This section does not apply to: (a) Situations where only one person is employed at a particular place of employment. (b) Employees included within the provisions of a collective bargaining agreement.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nrs-608-019-3" }, { "id": "nrs-608-019-4", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NRS 608.019", "citation": "NRS 608.019(4)", "url": "https://www.leg.state.nv.us/nrs/NRS-608.html", "proposition": "A Nevada employer may apply to the Labor Commissioner for an exemption from the break requirements, which the Labor Commissioner may grant if the employer shows sufficient evidence that business necessity precludes providing them.", "verbatimQuote": "An employer may apply to the Labor Commissioner for an exemption from providing to all or to one or more defined categories of his or her employees one or more of the benefits conferred by this section. The Labor Commissioner may grant the exemption if the Labor Commissioner believes the employer has shown sufficient evidence that business necessity precludes providing such benefits.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nrs-608-019-4" }, { "id": "nrs-608-019-5", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NRS 608.019", "citation": "NRS 608.019(5)", "url": "https://www.leg.state.nv.us/nrs/NRS-608.html", "proposition": "The Nevada Labor Commissioner may by regulation exempt a defined category of employers from the break requirements, on the Commissioner's own motion or an employers' association's application, and each such application is considered at a hearing and may be granted on a finding that business necessity precludes the benefit.", "verbatimQuote": "The Labor Commissioner may by regulation exempt a defined category of employers from providing to all or to one or more defined categories of their employees one or more of the benefits conferred by this section, upon the Labor Commissioner’s own motion or upon the application of an association of employers. Each such application shall be considered at a hearing and may be granted if the Labor Commissioner finds that business necessity precludes providing that particular benefit or benefits to the employees affected.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nrs-608-019-5" }, { "id": "nac-608-145-3", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NAC 608.145", "citation": "NAC 608.145(3)", "url": "https://www.leg.state.nv.us/NAC/NAC-608.html", "proposition": "A Nevada employee may voluntarily agree to forgo a rest or meal period, and the employer bears the burden of proving the agreement.", "verbatimQuote": "An employee may voluntarily agree to forego any rest period or meal period. The employer has the burden to prove the existence of any such agreement.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nac-608-145-3" } ] }, { "slug": "final-pay", "label": "When must final wages be paid on separation, and what is the penalty for paying late?", "heading": "When is final pay due?", "answerText": "Nevada employers must pay a discharged employee's earned and unpaid wages immediately, and must pay an employee who resigns or quits no later than the employee's regular payday or seven days after the resignation, whichever is earlier. The immediate-payment rule also applies when an employer places an employee on nonworking status: the wages earned and unpaid at that time are due immediately. Nonworking status means a temporary layoff in which the employee stays employed and may be called back later. It does not include a suspension pending an employment investigation, a disciplinary suspension, placing an employee on call for available work, or an approved leave of absence.", "sources": [ { "id": "nrs-608-020-1", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NRS 608.020", "citation": "NRS 608.020(1)", "url": "https://www.leg.state.nv.us/nrs/NRS-608.html", "proposition": "When a Nevada employer discharges an employee, the wages and compensation earned and unpaid at discharge become due and payable immediately.", "verbatimQuote": "Whenever an employer discharges an employee, the wages and compensation earned and unpaid at the time of such discharge shall become due and payable immediately.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nrs-608-020-1" }, { "id": "nrs-608-030", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NRS 608.030", "citation": "NRS 608.030", "url": "https://www.leg.state.nv.us/nrs/NRS-608.html", "proposition": "NRS 608.030 requires that when a Nevada employee resigns or quits, earned and unpaid wages be paid no later than the earlier of the two listed dates: the employee's regular payday or seven days after the resignation.", "verbatimQuote": "Whenever an employee resigns or quits his or her employment, the wages and compensation earned and unpaid at the time of the employee’s resignation or quitting must be paid no later than: 1. The day on which the employee would have regularly been paid the wages or compensation; or 2. Seven days after the employee resigns or quits,\nwhichever is earlier.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nrs-608-030" }, { "id": "nrs-608-020-2", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NRS 608.020", "citation": "NRS 608.020(2)", "url": "https://www.leg.state.nv.us/nrs/NRS-608.html", "proposition": "When a Nevada employer places an employee on nonworking status, the wages earned and unpaid at that time are due and payable immediately.", "verbatimQuote": "Whenever an employer places an employee on a nonworking status, the wages earned and unpaid at the time the employee is placed on nonworking status are due and payable immediately.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nrs-608-020-2" }, { "id": "nrs-608-020-3", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NRS 608.020", "citation": "NRS 608.020(3)", "url": "https://www.leg.state.nv.us/nrs/NRS-608.html", "proposition": "For Nevada final-pay purposes, nonworking status means a temporary layoff in which the employee remains employed and may be called back to work, and it excludes investigation and disciplinary suspensions, on-call status and approved leaves of absence.", "verbatimQuote": "As used in this section, “nonworking status” means the temporary layoff of an employee by the employer whereby the employee remains employed and may be called back to work by the employer at a future date. The term does not include an employee who an employer: (a) Places on suspension pending an investigation relating to employment; (b) Places on suspension pursuant to a disciplinary action relating to employment; (c) Places on-call for available work; or (d) Approves to take a leave of absence.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nrs-608-020-3" } ] }, { "slug": "late-pay-penalty", "label": "What is the penalty for paying wages or final pay late?", "heading": "What is the penalty for paying late?", "answerText": "If a Nevada employer does not pay a discharged employee, or an employee placed on nonworking status, within 3 days after the wages become due, or does not pay an employee who resigns or quits on the day the wages are due, the employee's wages continue at the same rate until paid or for 30 days, whichever is less. The continuing wages run from the day the employee resigned, quit, was discharged or was placed on nonworking status. A separate statute covers employees who are discharged or laid off without first being paid the wages then due, and employees whose employer fails or refuses, on demand, to pay wages when they become due under the employment contract. Each of them may charge and collect wages at the contract rate for each day the employer is in default, until paid in full, but those wages stop running 30 days after the default. An employee who hides or stays away to avoid being paid, or who refuses full payment when it is offered, does not earn the penalty for that time. The administrative and criminal penalties, and the deadline for suing over late final pay, are described under enforcement.", "sources": [ { "id": "nrs-608-040-1", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NRS 608.040", "citation": "NRS 608.040(1)", "url": "https://www.leg.state.nv.us/nrs/NRS-608.html", "proposition": "NRS 608.040(1) states that when a Nevada employer fails to pay within 3 days after the wages of a discharged employee or an employee placed on nonworking status become due, or on the day wages are due to an employee who resigns or quits, the employee's wages in each of those cases continue at the same rate until paid or for 30 days, whichever is less.", "verbatimQuote": "If an employer fails to pay: (a) Within 3 days after the wages or compensation of a discharged employee becomes due; (b) Within 3 days after the wages of an employee placed on nonworking status pursuant to NRS 608.020 becomes due; or (c) On the day the wages or compensation is due to an employee who resigns or quits,\nthe wages or compensation of the employee continues at the same rate from the day the employee resigned, quit or was discharged or placed on nonworking status until paid or for 30 days, whichever is less.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nrs-608-040-1" }, { "id": "nrs-608-050-1", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NRS 608.050", "citation": "NRS 608.050(1)", "url": "https://www.leg.state.nv.us/nrs/NRS-608.html", "proposition": "NRS 608.050(1) lets each Nevada employee who is discharged or laid off without first being paid wages then due, or whose employer fails or refuses on demand to pay contract wages when due, charge and collect wages at the contract rate for each day the employer is in default, until paid, for no more than 30 days after the default.", "verbatimQuote": "Whenever an employer of labor shall discharge or lay off employees without first paying them the amount of any wages or salary then due them, in cash and lawful money of the United States, or its equivalent, or shall fail, or refuse on demand, to pay them in like money, or its equivalent, the amount of any wages or salary at the time the same becomes due and owing to them under their contract of employment, whether employed by the hour, day, week or month, each of the employees may charge and collect wages in the sum agreed upon in the contract of employment for each day the employer is in default, until the employee is paid in full, without rendering any service therefor; but the employee shall cease to draw such wages or salary 30 days after such default.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nrs-608-050-1" }, { "id": "nrs-608-040-2", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NRS 608.040", "citation": "NRS 608.040(2)", "url": "https://www.leg.state.nv.us/nrs/NRS-608.html", "proposition": "A Nevada employee who hides or absents themself to avoid payment, or who refuses wages fully tendered, is not entitled to payment for that period.", "verbatimQuote": "Any employee who secretes or absents himself or herself to avoid payment of his or her wages or compensation, or refuses to accept them when fully tendered to him or her, is not entitled to receive the payment thereof for the time he or she secretes or absents himself or herself to avoid payment.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nrs-608-040-2" } ] }, { "slug": "pay-frequency", "label": "How often must workers be paid, and what must a pay stub show?", "heading": "How often must workers be paid?", "answerText": "Nevada employers must pay private-sector employees semimonthly, unless another provision of NRS Chapter 608 says otherwise, and must give an itemized list of deductions with each payment. Wages earned and unpaid before the first day of a month are due by 8 a.m. on the 15th day of the following month. Wages earned and unpaid before the 16th day of a month are due by 8 a.m. on the last day of that same month. An employer whose principal place of business is located, and whose payroll is prepared, outside Nevada may instead designate one or more fixed paydays each month for bona fide executive, administrative or professional employees, outside salespersons and supervisors, as those federal definitions existed on October 1, 1993. That option does not apply to an employee whose wages are set by a collective bargaining agreement. An agreement that violates NRS 608.060, except as chapter 608 provides, is void, but the employee is still entitled to the wages earned for the period. On a special occasion, an employer and employee may agree, orally or in writing, to pay at a different time or place, as long as the arrangement works for both. An employer may not make such an agreement a condition of hiring or of keeping a job. Employers must set regular paydays. They must post the paydays and the place of payment in at least two conspicuous places, and the place of payment must be within the Justice Court precinct where the work was done. To change a payday or the place of payment, the employer must give affected employees written notice at least 7 days in advance, in a manner calculated to give each affected employee actual notice of the change. If an employee is absent on payday but is not avoiding payment, the employer must pay within 5 days after the employee makes a written demand. For pay stubs, each payment must come with an itemized list of the deductions taken from total wages. Separately, employers must keep wage records showing, for each pay period, the employee's gross wage or salary (other than compensation in the form of services, food, housing or clothing), deductions, net cash wage or salary, total hours worked noted by hours per day (except as NRS 608.215 provides), and the date of payment. They must provide that information within 10 days after an employee asks and keep the records for 2 years.", "sources": [ { "id": "nrs-608-060-1", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NRS 608.060", "citation": "NRS 608.060(1)", "url": "https://www.leg.state.nv.us/nrs/NRS-608.html", "proposition": "Unless NRS Chapter 608 provides otherwise, wages of employees in private employment in Nevada are due semimonthly.", "verbatimQuote": "Except as otherwise provided in this chapter, all wages or compensation of employees in private employment is due semimonthly.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nrs-608-060-1" }, { "id": "nrs-608-060-1-timing", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NRS 608.060", "citation": "NRS 608.060(1)", "url": "https://www.leg.state.nv.us/nrs/NRS-608.html", "proposition": "Nevada wages earned and unpaid before the first day of a month are due by 8 a.m. on the 15th day of the following month.", "verbatimQuote": "All such wages or compensation earned and unpaid before the first day of any month is due not later than 8 a.m. on the 15th day of the month following that in which the wages or compensation was earned.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nrs-608-060-1-timing" }, { "id": "nrs-608-060-1-mid", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NRS 608.060", "citation": "NRS 608.060(1)", "url": "https://www.leg.state.nv.us/nrs/NRS-608.html", "proposition": "Nevada wages earned and unpaid before the 16th day of a month are due by 8 a.m. on the last day of the same month.", "verbatimQuote": "All wages or compensation earned and unpaid before the 16th day of any month is due not later than 8 a.m. on the last day of the same month.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nrs-608-060-1-mid" }, { "id": "nrs-608-060-3", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NRS 608.060", "citation": "NRS 608.060(3)", "url": "https://www.leg.state.nv.us/nrs/NRS-608.html", "proposition": "An employer whose principal place of business and payroll are outside Nevada may designate fixed monthly paydays for bona fide executive, administrative or professional employees, outside salespersons and supervisors, as defined in the cited federal provisions as they existed on October 1, 1993, except for employees whose wages are set by a collective bargaining agreement.", "verbatimQuote": "An employer in this State whose principal place of business is located, and whose payroll is prepared, outside of this State may designate one or more days in each month as fixed paydays for the payment of wages to an employee employed in: (a) A bona fide executive, administrative or professional capacity, as defined in 29 C.F.R. §§ 541.1, 541.2 and 541.3; (b) The capacity of outside salesperson, as defined in 29 C.F.R. § 541.5; or (c) The capacity of a supervisor, as defined in 29 U.S.C. § 152,\nas those sections existed on October 1, 1993. The provisions of this subsection do not apply with regard to an employee whose wages are determined pursuant to a collective bargaining agreement.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nrs-608-060-3" }, { "id": "nrs-608-060-4", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NRS 608.060", "citation": "NRS 608.060(4)", "url": "https://www.leg.state.nv.us/nrs/NRS-608.html", "proposition": "Except as NRS chapter 608 provides, an agreement that violates NRS 608.060 is void, but the employee remains entitled to the wages earned for the period.", "verbatimQuote": "Every agreement made in violation of this section, except as provided in this chapter, is void, but any employee is entitled to payment of such wages or compensation for the period during which the wages or compensation was earned.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nrs-608-060-4" }, { "id": "nrs-608-070", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NRS 608.070", "citation": "NRS 608.070", "url": "https://www.leg.state.nv.us/nrs/NRS-608.html", "proposition": "A Nevada employer and employee may agree on a special occasion to a different pay time or place, but the employer may not require that agreement as a condition of employment.", "verbatimQuote": "Nothing in this chapter shall be construed to mean that, on any special occasion where it appears to be satisfactory and beneficial to both employer and employee, they shall not have the right to agree, either verbally or in writing, as to where and at what time, other than every 15 days, wages shall be paid; but it shall be unlawful for any employer to require any employee to enter into any such agreement as a condition to entering into or remaining in his or her service.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nrs-608-070" }, { "id": "nrs-608-080-1", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NRS 608.080", "citation": "NRS 608.080(1)", "url": "https://www.leg.state.nv.us/nrs/NRS-608.html", "proposition": "A Nevada employer must set regular paydays and post notice of them and of the place of payment, which must be within the Justice Court precinct where the work was performed, in at least two conspicuous places.", "verbatimQuote": "Every employer shall establish and maintain regular paydays as provided in this chapter and shall post and maintain posted notices, printed in plain type or written in plain script, in at least two conspicuous places where such notices can be seen by the employees, setting forth the regular paydays as prescribed in this chapter and the place of payment, which must be within the Justice Court precinct in which such services were performed.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nrs-608-080-1" }, { "id": "nrs-608-080-2", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NRS 608.080", "citation": "NRS 608.080(2)", "url": "https://www.leg.state.nv.us/nrs/NRS-608.html", "proposition": "A Nevada employer may not change a regular payday or place of payment without giving affected employees written notice at least 7 days before the change, in a manner calculated to provide actual notice to each affected employee.", "verbatimQuote": "After an employer establishes regular paydays and the place of payment, the employer shall not change a regular payday or the place of payment unless, not fewer than 7 days before the change is made, the employer provides the employees affected by the change with written notice in a manner that is calculated to provide actual notice of the change to each such employee.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nrs-608-080-2" }, { "id": "nrs-608-080-3", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NRS 608.080", "citation": "NRS 608.080(3)", "url": "https://www.leg.state.nv.us/nrs/NRS-608.html", "proposition": "A Nevada employee who is absent at payday, and not avoiding payment, must be paid within 5 days after making a written demand.", "verbatimQuote": "If an employee is absent at the time and place of the payment of wages or compensation, due and payable as prescribed in this chapter, provided he or she does not secrete or absent himself or herself to avoid such payment, the employee must be paid the same within 5 days after making written demand therefor.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nrs-608-080-3" }, { "id": "nrs-608-110-2", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NRS 608.110", "citation": "NRS 608.110(2)", "url": "https://www.leg.state.nv.us/nrs/NRS-608.html", "proposition": "At each payment of wages, a Nevada employer must give the employee an itemized list of the deductions taken from total wages.", "verbatimQuote": "At the time of payment of wages or compensation, the employer shall furnish the employee with an itemized list showing the respective deductions made from the total amount of wages or compensation.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nrs-608-110-2" }, { "id": "nrs-608-115-1", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NRS 608.115", "citation": "NRS 608.115(1)", "url": "https://www.leg.state.nv.us/nrs/NRS-608.html", "proposition": "NRS 608.115(1) requires every Nevada employer to keep wage records showing, for each pay period and each employee, gross wages other than compensation in services, food, housing or clothing, deductions, net cash wages, hours worked per day except as NRS 608.215 provides, and the date of payment.", "verbatimQuote": "Every employer shall establish and maintain records of wages for the benefit of his or her employees, showing for each pay period the following information for each employee: (a) Gross wage or salary other than compensation in the form of: (1) Services; or (2) Food, housing or clothing. (b) Deductions. (c) Net cash wage or salary. (d) Except as otherwise provided in NRS 608.215 , total hours employed in the pay period by noting the number of hours per day. (e) Date of payment.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nrs-608-115-1" }, { "id": "nrs-608-115-2", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NRS 608.115", "citation": "NRS 608.115(2)", "url": "https://www.leg.state.nv.us/nrs/NRS-608.html", "proposition": "A Nevada employer must provide an employee's required wage-record information within 10 days after the employee requests it.", "verbatimQuote": "The information required by this section must be furnished to each employee within 10 days after the employee submits a request.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nrs-608-115-2" }, { "id": "nrs-608-115-3", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NRS 608.115", "citation": "NRS 608.115(3)", "url": "https://www.leg.state.nv.us/nrs/NRS-608.html", "proposition": "NRS 608.115(3) requires Nevada employers to keep wage records for 2 years after the information is entered.", "verbatimQuote": "Records of wages must be maintained for a 2-year period following the entry of information in the record.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nrs-608-115-3" } ] }, { "slug": "worker-classification", "label": "What test does the state use to classify a worker as an employee or contractor?", "heading": "Employee or independent contractor?", "answerText": "For Nevada wage-law purposes, a person is conclusively presumed to be an independent contractor if the person meets a tax-identification condition and a licensing condition and satisfies at least three of five statutory criteria, subject to a separate rule for certain construction work. The tax-identification condition is that the person has or has applied for an employer identification number or social security number, or filed a business or self-employment tax return with the Internal Revenue Service the previous year. That condition does not apply to a foreign national who is legally present in the United States. The licensing condition is that the contract with the principal requires the person to hold any necessary state or local business license and any necessary occupational license, insurance or bonding. The first criterion is that the person has control and discretion over the means and manner of the work, and the result of the work, rather than the means or manner of doing it, is the primary element the principal bargained for. Control the principal exercises to comply with statutory, regulatory or contractual obligations does not defeat this criterion. The second is that the person controls when the work is performed, apart from agreements with the principal on the completion schedule, the range of work hours or, for entertainment, the time of the performance. The third is that the person is not required to work exclusively for one principal, unless a law, regulation or ordinance bars the person from serving more than one principal or the person has a written contract to serve only one principal for a limited period. The fourth is that the person is free to hire employees to help with the work. The fifth is that the person contributes a substantial investment of capital in the person's own business, such as buying or leasing ordinary tools, material and equipment, obtaining a license or permission to use the principal's work space, or leasing work space from the principal. Whether the investment is substantial depends on the person's income and on the equipment and expenses common in the person's trade or profession. A person who does not satisfy at least three of these five criteria is not automatically presumed to be an employee. In that case, the ordinary definition of employee applies, and it is broad: it covers anyone serving an employer under an express or implied, oral or written contract of hire. For a natural person who is a contractor or subcontractor licensed under NRS chapter 624, or who is directly compensated by such a licensed contractor or subcontractor for labor that requires a chapter 624 license, the presumption applies only if a three-part test is met: freedom from control or direction over the services, work outside the usual course or places of the hiring business, and an independently established trade or business of the same nature. For that rule, providing labor does not include delivering supplies. An employer found after a hearing to have misclassified someone as an independent contractor must pay that person lost wages, benefits or other economic damages to make them whole. A person who believes they were misclassified may file a complaint with the Labor Commissioner, who must decide it within 120 days after receiving it. If the Labor Commissioner finds that the employer misclassified an employee as an independent contractor, the Commissioner may impose the make-whole liability described in NRS 608.410(1).", "sources": [ { "id": "nrs-608-0155-1", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NRS 608.0155", "citation": "NRS 608.0155(1)", "url": "https://www.leg.state.nv.us/nrs/NRS-608.html", "proposition": "NRS 608.0155(1) states that, subject to subsection 2, a person is conclusively presumed to be an independent contractor for NRS chapter 608 purposes if the person meets the tax-identity and licensing conditions and satisfies three or more listed criteria.", "verbatimQuote": "Except as otherwise provided in subsection 2, for the purposes of this chapter, a person is conclusively presumed to be an independent contractor if: (a) Unless the person is a foreign national who is legally present in the United States, the person possesses or has applied for an employer identification number or social security number or has filed an income tax return for a business or earnings from self-employment with the Internal Revenue Service in the previous year; (b) The person is required by the contract with the principal to hold any necessary state business license or local business license and to maintain any necessary occupational license, insurance or bonding in order to operate in this State; and (c) The person satisfies three or more of the following criteria:", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nrs-608-0155-1" }, { "id": "nrs-608-0155-1-c-1", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NRS 608.0155", "citation": "NRS 608.0155(1)(c)(1)", "url": "https://www.leg.state.nv.us/nrs/NRS-608.html", "proposition": "NRS 608.0155(1)(c)(1) lists as a criterion that the person controls the means and manner of the work and the result, not the means or manner, is the primary element bargained for, notwithstanding control needed to comply with statutory, regulatory or contractual obligations.", "verbatimQuote": "(1) Notwithstanding the exercise of any control necessary to comply with any statutory, regulatory or contractual obligations, the person has control and discretion over the means and manner of the performance of any work and the result of the work, rather than the means or manner by which the work is performed, is the primary element bargained for by the principal in the contract.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nrs-608-0155-1-c-1" }, { "id": "nrs-608-0155-1-c-2", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NRS 608.0155", "citation": "NRS 608.0155(1)(c)(2)", "url": "https://www.leg.state.nv.us/nrs/NRS-608.html", "proposition": "NRS 608.0155(1)(c)(2) lists as a criterion that the person controls the time the work is performed, apart from agreements on completion schedule, range of work hours or entertainment timing.", "verbatimQuote": "(2) Except for an agreement with the principal relating to the completion schedule, range of work hours or, if the work contracted for is entertainment, the time such entertainment is to be presented, the person has control over the time the work is performed.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nrs-608-0155-1-c-2" }, { "id": "nrs-608-0155-1-c-3", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NRS 608.0155", "citation": "NRS 608.0155(1)(c)(3)", "url": "https://www.leg.state.nv.us/nrs/NRS-608.html", "proposition": "NRS 608.0155(1)(c)(3) lists as a criterion that the person is not required to work exclusively for one principal, unless a law, regulation or ordinance prohibits serving more than one principal or the person has a written contract to serve one principal for a limited period.", "verbatimQuote": "(3) The person is not required to work exclusively for one principal unless: (I) A law, regulation or ordinance prohibits the person from providing services to more than one principal; or (II) The person has entered into a written contract to provide services to only one principal for a limited period.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nrs-608-0155-1-c-3" }, { "id": "nrs-608-0155-1-c-4", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NRS 608.0155", "citation": "NRS 608.0155(1)(c)(4)", "url": "https://www.leg.state.nv.us/nrs/NRS-608.html", "proposition": "One criterion counted toward the independent-contractor presumption is that the person is free to hire employees to assist with the work.", "verbatimQuote": "(4) The person is free to hire employees to assist with the work.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nrs-608-0155-1-c-4" }, { "id": "nrs-608-0155-1-c-5", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NRS 608.0155", "citation": "NRS 608.0155(1)(c)(5)", "url": "https://www.leg.state.nv.us/nrs/NRS-608.html", "proposition": "NRS 608.0155(1)(c)(5) lists as a criterion that the person contributes a substantial investment of capital in the person's business, including tools, access licenses and leased work space, with substantiality judged by the person's income and the equipment and expenses common in the trade or profession.", "verbatimQuote": "(5) The person contributes a substantial investment of capital in the business of the person, including, without limitation, the: (I) Purchase or lease of ordinary tools, material and equipment regardless of source; (II) Obtaining of a license or other permission from the principal to access any work space of the principal to perform the work for which the person was engaged; and (III) Lease of any work space from the principal required to perform the work for which the person was engaged.\nThe determination of whether an investment of capital is substantial for the purpose of this subparagraph must be made on the basis of the amount of income the person receives, the equipment commonly used and the expenses commonly incurred in the trade or profession in which the person engages.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nrs-608-0155-1-c-5" }, { "id": "nrs-608-0155-2", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NRS 608.0155", "citation": "NRS 608.0155(2)", "url": "https://www.leg.state.nv.us/nrs/NRS-608.html", "proposition": "NRS 608.0155(2) conclusively presumes a natural person tied to a chapter 624 contractor to be an independent contractor only if the person is free from control, performs service outside the usual course or places of business, and is in an independently established trade of the same nature.", "verbatimQuote": "A natural person is conclusively presumed to be an independent contractor if the person is a contractor or subcontractor licensed pursuant to chapter 624 of NRS or is directly compensated by a contractor or subcontractor licensed pursuant to chapter 624 of NRS for providing labor for which a license pursuant to chapter 624 of NRS is required to perform and: (a) The person has been and will continue to be free from control or direction over the performance of the services, both under his or her contract of service and in fact; (b) The service is either outside the usual course of the business for which the service is performed or that the service is performed outside of all the places of business of the enterprises for which the service is performed; and (c) The service is performed in the course of an independently established trade, occupation, profession or business in which the person is customarily engaged, of the same nature as that involved in the contract of service.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nrs-608-0155-2" }, { "id": "nrs-608-0155-4", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NRS 608.0155", "citation": "NRS 608.0155(4)", "url": "https://www.leg.state.nv.us/nrs/NRS-608.html", "proposition": "For NRS 608.0155, providing labor does not include the delivery of supplies.", "verbatimQuote": "As used in this section: (a) “Foreign national” has the meaning ascribed to it in NRS 294A.325 . (b) “Providing labor” does not include the delivery of supplies.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nrs-608-0155-4" }, { "id": "nrs-608-0155-3", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NRS 608.0155", "citation": "NRS 608.0155(3)", "url": "https://www.leg.state.nv.us/nrs/NRS-608.html", "proposition": "Failing to meet three or more of the NRS 608.0155(1)(c) criteria does not automatically create a presumption that the person is an employee.", "verbatimQuote": "The fact that a person is not conclusively presumed to be an independent contractor for failure to satisfy three or more of the criteria set forth in paragraph (c) of subsection 1 does not automatically create a presumption that the person is an employee.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nrs-608-0155-3" }, { "id": "nrs-608-010", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NRS 608.010", "citation": "NRS 608.010", "url": "https://www.leg.state.nv.us/nrs/NRS-608.html", "proposition": "Under NRS Chapter 608, employee includes any person serving an employer under any express or implied, oral or written contract of hire or apprenticeship, whether lawfully or unlawfully employed.", "verbatimQuote": "“Employee” includes both male and female persons in the service of an employer under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nrs-608-010" }, { "id": "nrs-608-410-1", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NRS 608.410", "citation": "NRS 608.410(1)", "url": "https://www.leg.state.nv.us/nrs/NRS-608.html", "proposition": "A Nevada employer found after a hearing to have misclassified a person as an independent contractor is liable to that person for lost wages, benefits or other economic damages to make the person whole.", "verbatimQuote": "An employer who is found after a hearing conducted in accordance with subsection 3 to have misclassified a person as an independent contractor is liable to such person for lost wages, benefits or other economic damages to make the person whole.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nrs-608-410-1" }, { "id": "nrs-608-410-2", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NRS 608.410", "citation": "NRS 608.410(2)", "url": "https://www.leg.state.nv.us/nrs/NRS-608.html", "proposition": "A person may file a misclassification complaint with the Nevada Labor Commissioner, who must decide it within 120 days after receiving it and, on finding misclassification, may impose the penalties set forth in NRS 608.410(1).", "verbatimQuote": "A person may file a complaint alleging the misclassification of the person as an independent contractor with the Labor Commissioner. The Labor Commissioner shall make a determination on the allegations of the complaint within 120 days after receipt of the complaint. If the Labor Commissioner finds that an employer misclassified an employee as an independent contractor, the Labor Commissioner may impose the penalties set forth in subsection 1.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nrs-608-410-2" } ] }, { "slug": "tip-credit", "label": "Does the state allow a tip credit against the cash minimum wage?", "heading": "Is a tip credit allowed?", "answerText": "Nevada employers may not count tips or gratuities toward any part of the constitutional minimum wage or offset them against it, so Nevada has no tip credit. Tipped employees must receive the full minimum wage from the employer, and their tips come on top of it. Nevada statute separately makes it unlawful for an employer to take any part of employees' tips or to apply tips as a credit toward the statutory minimum hourly wage. The tip statute still allows employees to agree among themselves to split their tips.", "sources": [ { "id": "nv-const-15-16-4", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Nev. Const. art. 15, § 16", "citation": "Nev. Const. art. 15, § 16(4)", "url": "https://www.leg.state.nv.us/Const/NvConst.html", "proposition": "Tips or gratuities received by Nevada employees may not be credited toward or offset against the constitutional minimum wage.", "verbatimQuote": "Tips or gratuities received by employees shall not be credited as being any part of or offset against the wage rates required by this section.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nv-const-15-16-4" }, { "id": "nrs-608-160-1", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NRS 608.160", "citation": "NRS 608.160(1)", "url": "https://www.leg.state.nv.us/nrs/NRS-608.html", "proposition": "NRS 608.160(1) makes it unlawful for a person to take any part of employees' tips or gratuities or to apply them as a credit toward the statutory minimum hourly wage.", "verbatimQuote": "It is unlawful for any person to: (a) Take all or part of any tips or gratuities bestowed upon the employees of that person. (b) Apply as a credit toward the payment of the statutory minimum hourly wage established by any law of this State any tips or gratuities bestowed upon the employees of that person.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nrs-608-160-1" }, { "id": "nrs-608-160-2", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NRS 608.160", "citation": "NRS 608.160(2)", "url": "https://www.leg.state.nv.us/nrs/NRS-608.html", "proposition": "NRS 608.160 does not prevent employees from agreeing to divide tips or gratuities among themselves.", "verbatimQuote": "Nothing contained in this section shall be construed to prevent such employees from entering into an agreement to divide such tips or gratuities among themselves.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nrs-608-160-2" } ] }, { "slug": "enforcement", "label": "How is wage-and-hour law enforced, and can employees sue?", "heading": "How is it enforced?", "answerText": "Nevada employees may sue their employers in Nevada courts to enforce the constitutional minimum wage. They can recover any appropriate legal or equitable remedy, including back pay, damages, reinstatement or injunctive relief. Attorney's fees. An employee who wins a constitutional minimum-wage case must be awarded reasonable attorney's fees and costs. Unpaid-wage suits under the statutes. Beyond the Constitution, the Nevada Supreme Court held in Neville v. Eighth Judicial District Court that NRS chapter 608 provides a private right of action for unpaid wages, including claims under NRS 608.016 (each hour worked), NRS 608.018 (overtime) and NRS 608.020 through 608.050 (payment at termination). The court must award a reasonable attorney fee to an employee who proves the wages sued for are justly due, if the employee made a written demand at least 5 days before filing suit for a sum no greater than the amount the court finds due. Every employee also has a lien under NRS 108.221 to 108.246, and all other rights and remedies for enforcing the wages that the employee would have had for services rendered in the manner last employed. Time limits. An employee paid less than the statutory minimum wage may bring a civil action within 2 years. A contract with the employer, or the employee's acceptance of a lower wage, does not bar that action. An employee who prevails in it is entitled to all appropriate legal or equitable remedies, which may include back pay, damages, reinstatement or injunctive relief, and the court must award reasonable attorney's fees and costs. An employee whose final pay was not paid as NRS 608.020 through 608.050 require may bring a civil action within 2 years after the employer's failure. While that civil action is pending, the Labor Commissioner may not take jurisdiction of a wage claim for the same wages. Retaliation. Employers may not fire, cut the pay of, or otherwise discriminate against an employee for using civil remedies or asserting rights under the constitutional minimum-wage provision. Labor Commissioner and criminal penalties. The statutes authorize the Labor Commissioner to impose an administrative penalty of up to $5,000 for each violation covered by NRS 608.195, in addition to other remedies. Violating the covered provisions of NRS Chapter 608, or regulations adopted under them, is also a misdemeanor. These are the penalties the statutes authorize. They say nothing about how often the penalties are actually imposed.", "sources": [ { "id": "nv-const-15-16-7-action", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Nev. Const. art. 15, § 16", "citation": "Nev. Const. art. 15, § 16(7)", "url": "https://www.leg.state.nv.us/Const/NvConst.html", "proposition": "A Nevada employee claiming a violation of the constitutional minimum-wage provision may sue the employer in Nevada courts for all appropriate legal and equitable remedies, including back pay, damages, reinstatement or injunctive relief.", "verbatimQuote": "An employee claiming violation of this section is entitled to bring an action against his or her employer in the courts of this State to enforce the provisions of this section and shall be entitled to all remedies available under the law or in equity appropriate to remedy any violation of this section, including but not limited to back pay, damages, reinstatement or injunctive relief.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nv-const-15-16-7-action" }, { "id": "nv-const-15-16-7-fees", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Nev. Const. art. 15, § 16", "citation": "Nev. Const. art. 15, § 16(7)", "url": "https://www.leg.state.nv.us/Const/NvConst.html", "proposition": "A Nevada employee who prevails in an action to enforce the constitutional minimum-wage provision must be awarded reasonable attorney's fees and costs.", "verbatimQuote": "An employee who prevails in any action to enforce this section shall be awarded his or her reasonable attorney’s fees and costs.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nv-const-15-16-7-fees" }, { "id": "neville-2017", "authorityType": "case-law", "tier": "primary-source-backed", "title": "Neville v. Eighth Judicial Dist. Court, 133 Nev. 777, 406 P.3d 499 (2017)", "citation": "Neville v. Eighth Judicial Dist. Court, 133 Nev. 777, 406 P.3d 499 (2017)", "url": "https://www.courtlistener.com/opinion/4550286/neville-jr-vs-dist-ct-terrible-herbst-inc/", "deepLink": "https://www.courtlistener.com/opinion/4550286/neville-jr-vs-dist-ct-terrible-herbst-inc/#:~:text=In%20this%20opinion%2C%20we%20clarify,the%20petition%20for%20extraordinary%20relief.", "proposition": "The Nevada Supreme Court held that NRS chapter 608 provides a private right of action for unpaid wages, including claims under NRS 608.016, 608.018 and 608.020 through 608.050.", "verbatimQuote": "In this opinion, we clarify that NRS 608.140 explicitly recognizes a private cause of action for unpaid wages. Accordingly, we conclude that NRS Chapter 608 provides a private right of action for unpaid wages. Because petitioner's claims were for unpaid wages under NRS 608.016 (payment for each hour worked), NRS 608.018 (payment for overtime), and NRS 608.020 through NRS 608.050 (payment upon termination), we grant the petition for extraordinary relief.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-neville-2017" }, { "id": "nrs-608-140", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NRS 608.140", "citation": "NRS 608.140", "url": "https://www.leg.state.nv.us/nrs/NRS-608.html", "proposition": "A Nevada court must award a reasonable attorney fee to an employee who proves in a wage suit that the amount claimed is justly due, if the employee made a written demand, at least 5 days before suing, for a sum not exceeding the amount found due.", "verbatimQuote": "Whenever a mechanic, artisan, miner, laborer, servant or employee shall have cause to bring suit for wages earned and due according to the terms of his or her employment, and shall establish by decision of the court or verdict of the jury that the amount for which he or she has brought suit is justly due, and that a demand has been made, in writing, at least 5 days before suit was brought, for a sum not to exceed the amount so found due, the court before which the case shall be tried shall allow to the plaintiff a reasonable attorney fee, in addition to the amount found due for wages and penalties, to be taxed as costs of suit.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nrs-608-140" }, { "id": "nrs-608-050-2", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NRS 608.050", "citation": "NRS 608.050(2)", "url": "https://www.leg.state.nv.us/nrs/NRS-608.html", "proposition": "Every Nevada employee has a lien under NRS 108.221 to 108.246 and all other rights and remedies to enforce wages that the employee would have had for services rendered in the manner last employed.", "verbatimQuote": "Every employee shall have a lien as provided in NRS 108.221 to 108.246 , inclusive, and all other rights and remedies for the protection and enforcement of such salary or wages as the employee would have been entitled to had the employee rendered services therefor in the manner as last employed.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nrs-608-050-2" }, { "id": "nrs-608-260-2", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NRS 608.260", "citation": "NRS 608.260(2)", "url": "https://www.leg.state.nv.us/nrs/NRS-608.html", "proposition": "An employee who prevails in an NRS 608.260 minimum-wage action is entitled to all appropriate legal or equitable remedies, which may include back pay, damages, reinstatement or injunctive relief, and the court must award reasonable attorney's fees and costs.", "verbatimQuote": "If the employee prevails in a civil action brought pursuant to subsection 1: (a) The employee is entitled to all remedies available under the law or in equity appropriate to remedy the violation by the employer which may include, without limitation, back pay, damages, reinstatement or injunctive relief; and (b) The court must award the employee reasonable attorney’s fees and costs.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nrs-608-260-2" }, { "id": "nrs-608-135-2", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NRS 608.135", "citation": "NRS 608.135(2)", "url": "https://www.leg.state.nv.us/nrs/NRS-608.html", "proposition": "The Nevada Labor Commissioner may not take jurisdiction of a wage claim while an NRS 608.135(1) civil action for the same wages is pending.", "verbatimQuote": "The Labor Commissioner shall not take jurisdiction of a claim for wages during the pendency of a civil action for the same wages brought pursuant to subsection 1.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nrs-608-135-2" }, { "id": "nrs-608-260-1-limit", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NRS 608.260", "citation": "NRS 608.260(1)", "url": "https://www.leg.state.nv.us/nrs/NRS-608.html", "proposition": "NRS 608.260(1) lets a Nevada employee paid less than the statutory minimum wage bring a civil action against the employer within 2 years.", "verbatimQuote": "If any employer pays any employee a lesser amount than the minimum wage set forth in NRS 608.250 or, if applicable, the minimum wage established by regulation of the Director of the Department of Human Services pursuant to NRS 608.670 , the employee may, at any time within 2 years, bring a civil action against the employer.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nrs-608-260-1-limit" }, { "id": "nrs-608-135-1", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NRS 608.135", "citation": "NRS 608.135(1)", "url": "https://www.leg.state.nv.us/nrs/NRS-608.html", "proposition": "NRS 608.135(1) lets a Nevada employee whose employer fails to pay wages as NRS 608.020 to 608.050 require bring a civil action within 2 years after the failure.", "verbatimQuote": "If an employer fails to pay wages, compensation or salary to an employee in accordance with the requirements set forth in NRS 608.020 to 608.050 , inclusive, the employee may, at any time within 2 years after the employer’s failure, bring a civil action against the employer.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nrs-608-135-1" }, { "id": "nrs-608-260-1-contract", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NRS 608.260", "citation": "NRS 608.260(1)", "url": "https://www.leg.state.nv.us/nrs/NRS-608.html", "proposition": "A contract between employer and employee, or an employee's acceptance of a lesser wage, does not bar an action under NRS 608.260.", "verbatimQuote": "A contract between the employer and the employee or any acceptance of a lesser wage by the employee is not a bar to the action.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nrs-608-260-1-contract" }, { "id": "nv-const-15-16-6", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Nev. Const. art. 15, § 16", "citation": "Nev. Const. art. 15, § 16(6)", "url": "https://www.leg.state.nv.us/Const/NvConst.html", "proposition": "A Nevada employer may not discharge, reduce the pay of, or otherwise discriminate against an employee for using civil remedies or asserting rights under the constitutional minimum-wage provision.", "verbatimQuote": "An employer shall not, in any manner, discharge, reduce the compensation of or otherwise discriminate against any employee for using any civil remedies to enforce this section or otherwise asserting his or her rights under this section.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nv-const-15-16-6" }, { "id": "nrs-608-195-2", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NRS 608.195", "citation": "NRS 608.195(2)", "url": "https://www.leg.state.nv.us/nrs/NRS-608.html", "proposition": "The Nevada Labor Commissioner may impose an administrative penalty of up to $5,000 for each violation covered by NRS 608.195, in addition to any other remedy or penalty.", "verbatimQuote": "In addition to any other remedy or penalty, the Labor Commissioner may impose against the person an administrative penalty of not more than $5,000 for each such violation.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nrs-608-195-2" }, { "id": "nrs-608-195-1", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "NRS 608.195", "citation": "NRS 608.195(1)", "url": "https://www.leg.state.nv.us/nrs/NRS-608.html", "proposition": "Except as NRS 608.0165 provides, a person who violates NRS 608.005 to 608.195, NRS 608.215, or a regulation adopted under them is guilty of a misdemeanor.", "verbatimQuote": "Except as otherwise provided in NRS 608.0165 , any person who violates any provision of NRS 608.005 to 608.195 , inclusive, or 608.215 , or any regulation adopted pursuant thereto, is guilty of a misdemeanor.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/nevada#src-nrs-608-195-1" } ] } ] } }