# Wage and Hour Law in Nevada[^about] 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. This note is for Nevada employers and employees. It covers the main wage-and-hour rules in the Nevada Constitution, the Nevada Revised Statutes (NRS), the Nevada Administrative Code (NAC), and guidance from the Nevada Labor Commissioner. Each answer links to the provision it relies on. Where the Nevada text refers to the federal minimum wage, the note explains how the two relate. The federal Fair Labor Standards Act (FLSA) has its own separate requirements, and this note does not describe them. ## What is the minimum wage? {#minimum-wage} **Short answer.** 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 [^nv-const-15-16-1] [^nv-const-15-16-2]. The Legislature may set a minimum wage by law that is higher than the constitutional rate [^nv-const-15-16-3]. 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 [^nv-lc-2026-mw-bulletin], 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 [^nv-const-15-16-8a]. An individual employee cannot agree to give up the constitutional minimum wage [^nv-const-15-16-5-waiver]. 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 [^nv-const-15-16-5-cba]. 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 [^nrs-608-016]. ## When is overtime owed? {#overtime} **Short answer.** 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 [^nrs-608-018-1] [^nrs-608-018-3]. That four-day, 10-hour exception applies only to the daily rule, so hours over 40 in the week still earn overtime [^nrs-608-018-1]. 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 [^nrs-608-018-2]. The statute makes that weekly overtime calculation subject to listed federal Fair Labor Standards Act regulations on computing overtime pay from the regular rate [^nrs-608-018-2-regs]. 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 [^nrs-608-018-4]. The Labor Commissioner's 2026 daily-overtime bulletin states the same split, tied to the applicable minimum wage rate [^nv-lc-2026-ot-bulletin]. With the minimum wage at $12 an hour [^nv-const-15-16-1-ot], 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 [^nrs-608-0126]. Employers may not give compensatory time off instead of paying wages for overtime already worked [^nac-608-125-1]. 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 [^nrs-608-018-3]. The daily rule and the weekly rule sit in the same sentence of the statute: "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."[^nrs-608-018-1] ## Are breaks required? {#meal-rest-breaks} **Short answer.** 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 [^nrs-608-019-1] [^nrs-608-019-2-duration] [^nrs-608-019-2-short] [^nrs-608-019-2-paid]. A break of less than 30 minutes does not interrupt a continuous period of work for the meal-period rule [^nrs-608-019-1-interrupt]. No rest period is required for an employee whose total daily work time is less than 3½ hours [^nrs-608-019-2-short]. 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 [^nac-608-145-1]. An unpaid lunch break is not counted in deciding how many hours the employee worked for this purpose [^nac-608-145-2]. NRS 608.019 makes rest periods paid time, but it does not say the same about the meal period [^nrs-608-019-1] [^nrs-608-019-2-paid]. 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 [^nrs-608-019-3]. The Labor Commissioner may also exempt an employer that applies and shows enough evidence that business necessity precludes providing these breaks [^nrs-608-019-4]. 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 [^nrs-608-019-5]. 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 [^nac-608-145-3]. > [!NOTE] > **Practice note.** > > An employer without a dated, written record of an employee's voluntary agreement to skip a rest or meal period may be unable to carry its burden of proving that agreement when a missed break is disputed [^nac-608-145-3]. ## When is final pay due? {#final-pay} **Short answer.** 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 [^nrs-608-020-1] [^nrs-608-030]. 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 [^nrs-608-020-2]. 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 [^nrs-608-020-3]. The penalty for missing these deadlines is covered in the next section. ## What is the penalty for paying late? {#late-pay-penalty} **Short answer.** 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 [^nrs-608-040-1]. The continuing wages run from the day the employee resigned, quit, was discharged or was placed on nonworking status [^nrs-608-040-1]. 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 [^nrs-608-050-1]. 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 [^nrs-608-040-2]. The administrative and criminal penalties, and the deadline for suing over late final pay, are described under enforcement. ## How often must workers be paid? {#pay-frequency} **Short answer.** 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 [^nrs-608-060-1] [^nrs-608-110-2]. 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 [^nrs-608-060-1-timing]. 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 [^nrs-608-060-1-mid]. 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 [^nrs-608-060-3]. 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 [^nrs-608-060-4]. 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 [^nrs-608-070]. 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 [^nrs-608-080-1]. 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 [^nrs-608-080-2]. 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 [^nrs-608-080-3]. For pay stubs, each payment must come with an itemized list of the deductions taken from total wages [^nrs-608-110-2]. 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 [^nrs-608-115-1]. They must provide that information within 10 days after an employee asks [^nrs-608-115-2] and keep the records for 2 years [^nrs-608-115-3]. ## Employee or independent contractor? {#worker-classification} **Short answer.** 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 [^nrs-608-0155-1] [^nrs-608-0155-1-c-1] [^nrs-608-0155-1-c-2] [^nrs-608-0155-1-c-3] [^nrs-608-0155-1-c-4] [^nrs-608-0155-1-c-5]. 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 [^nrs-608-0155-1]. 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 [^nrs-608-0155-1-c-1]. 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 [^nrs-608-0155-1-c-2]. 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 [^nrs-608-0155-1-c-3]. The fourth is that the person is free to hire employees to help with the work [^nrs-608-0155-1-c-4]. 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 [^nrs-608-0155-1-c-5]. A person who does not satisfy at least three of these five criteria is not automatically presumed to be an employee [^nrs-608-0155-3]. 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 [^nrs-608-010]. 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 [^nrs-608-0155-2]. For that rule, providing labor does not include delivering supplies [^nrs-608-0155-4]. 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 [^nrs-608-410-1]. 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) [^nrs-608-410-2]. ## Is a tip credit allowed? {#tip-credit} **Short answer.** 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 [^nv-const-15-16-4]. Tipped employees must receive the full minimum wage from the employer, and their tips come on top of it [^nv-const-15-16-4]. 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 [^nrs-608-160-1]. The tip statute still allows employees to agree among themselves to split their tips [^nrs-608-160-2]. ## How is it enforced? {#enforcement} **Short answer.** Nevada employees may sue their employers in Nevada courts to enforce the constitutional minimum wage [^nv-const-15-16-7-action]. They can recover any appropriate legal or equitable remedy, including back pay, damages, reinstatement or injunctive relief [^nv-const-15-16-7-action]. **Attorney's fees.** An employee who wins a constitutional minimum-wage case must be awarded reasonable attorney's fees and costs [^nv-const-15-16-7-fees]. **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) [^neville-2017]. 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 [^nrs-608-140]. 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 [^nrs-608-050-2]. **Time limits.** An employee paid less than the statutory minimum wage may bring a civil action within 2 years [^nrs-608-260-1-limit]. A contract with the employer, or the employee's acceptance of a lower wage, does not bar that action [^nrs-608-260-1-contract]. 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 [^nrs-608-260-2]. 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 [^nrs-608-135-1]. While that civil action is pending, the Labor Commissioner may not take jurisdiction of a wage claim for the same wages [^nrs-608-135-2]. **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 [^nv-const-15-16-6]. **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 [^nrs-608-195-2]. Violating the covered provisions of NRS Chapter 608, or regulations adopted under them, is also a misdemeanor [^nrs-608-195-1]. These are the penalties the statutes authorize. They say nothing about how often the penalties are actually imposed. > [!NOTE] > **Practice note.** > > A pre-suit wage demand that is not in writing, is made fewer than 5 days before the suit is filed, or asks for more than the amount the court later finds due does not satisfy NRS 608.140, and the employee then loses that section's mandatory attorney fee award [^nrs-608-140]. [^about]: By Steven Obiajulu, J.D. Published by [openagreements.org](https://openagreements.org). Last reviewed 2026-09-27. License: CC BY 4.0. Steven Obiajulu, J.D. is admitted in New York, not Nevada. This article synthesizes Nevada primary law and is not legal advice from a Nevada-admitted attorney. This article is for informational purposes only and does not create an attorney-client relationship. Source excerpts and linked materials belong to their owners. CC BY 4.0. Cite as Steven Obiajulu, *Wage and Hour Law in Nevada*, OpenAgreements (last updated September 27, 2026), https://openagreements.org/practice-guides/wage-and-hour/us/nevada. [^nv-const-15-16-1]: **Nev. Const. art. 15, § 16** — "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." *Nev. Const. art. 15, § 16(1)* [^nv-const-15-16-2]: **Nev. Const. art. 15, § 16** — "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." *Nev. Const. art. 15, § 16(2)* [^nv-const-15-16-3]: **Nev. Const. art. 15, § 16** — "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." *Nev. Const. art. 15, § 16(3)* [^nv-lc-2026-mw-bulletin]: **Nevada Labor Commissioner, 2026 Annual Minimum Wage Bulletin** — "NEVADA BALLOT QUESTION 2, PASSED NOVEMBER 2022, ELIMINATED TWO-TIER MINIMUM WAGE AS OF JULY 1, 2024." *Nevada Labor Commissioner, 2026 Annual Minimum Wage Bulletin* [^nv-const-15-16-8a]: **Nev. Const. art. 15, § 16** — "‘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." *Nev. Const. art. 15, § 16(8)(a)* [^nv-const-15-16-5-waiver]: **Nev. Const. art. 15, § 16** — "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." *Nev. Const. art. 15, § 16(5)* [^nv-const-15-16-5-cba]: **Nev. Const. art. 15, § 16** — "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." *Nev. Const. art. 15, § 16(5)* [^nrs-608-016]: **NRS 608.016** — "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." *NRS 608.016* [^nrs-608-018-1]: **NRS 608.018** — "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." *NRS 608.018(1)* [^nrs-608-018-3]: **NRS 608.018** — "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." *NRS 608.018(3)* [^nrs-608-018-2]: **NRS 608.018** — "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." *NRS 608.018(2)* [^nrs-608-018-2-regs]: **NRS 608.018** — "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." *NRS 608.018(2)* [^nrs-608-018-4]: **NRS 608.018** — "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." *NRS 608.018(4)* [^nv-lc-2026-ot-bulletin]: **Nevada Labor Commissioner, 2026 Annual Daily Overtime Bulletin** — "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." *Nevada Labor Commissioner, 2026 Annual Daily Overtime Bulletin* [^nv-const-15-16-1-ot]: **Nev. Const. art. 15, § 16** — "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." *Nev. Const. art. 15, § 16(1)* [^nrs-608-0126]: **NRS 608.0126** — "‘Workday’ means a period of 24 consecutive hours which begins when the employee begins work." *NRS 608.0126* [^nac-608-125-1]: **NAC 608.125** — "An employer shall not substitute compensatory time in place of a wage payment for overtime that was worked by an employee." *NAC 608.125(1)* [^nrs-608-019-1]: **NRS 608.019** — "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." *NRS 608.019(1)* [^nrs-608-019-2-duration]: **NRS 608.019** — "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." *NRS 608.019(2)* [^nrs-608-019-2-short]: **NRS 608.019** — "Rest periods need not be authorized however for employees whose total daily work time is less than 3 and one-half hours." *NRS 608.019(2)* [^nrs-608-019-2-paid]: **NRS 608.019** — "Authorized rest periods shall be counted as hours worked, for which there shall be no deduction from wages." *NRS 608.019(2)* [^nrs-608-019-1-interrupt]: **NRS 608.019** — "No period of less than 30 minutes interrupts a continuous period of work for the purposes of this subsection." *NRS 608.019(1)* [^nac-608-145-1]: **NAC 608.145** — "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." *NAC 608.145(1)* [^nac-608-145-2]: **NAC 608.145** — "An unpaid lunch break is not considered when determining the number of hours worked by an employee for the purposes of subsection 1." *NAC 608.145(2)* [^nrs-608-019-3]: **NRS 608.019** — "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." *NRS 608.019(3)* [^nrs-608-019-4]: **NRS 608.019** — "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." *NRS 608.019(4)* [^nrs-608-019-5]: **NRS 608.019** — "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." *NRS 608.019(5)* [^nac-608-145-3]: **NAC 608.145** — "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." *NAC 608.145(3)* [^nrs-608-020-1]: **NRS 608.020** — "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." *NRS 608.020(1)* [^nrs-608-030]: **NRS 608.030** — "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, whichever is earlier." *NRS 608.030* [^nrs-608-020-2]: **NRS 608.020** — "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." *NRS 608.020(2)* [^nrs-608-020-3]: **NRS 608.020** — "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." *NRS 608.020(3)* [^nrs-608-040-1]: **NRS 608.040** — "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, the 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." *NRS 608.040(1)* [^nrs-608-050-1]: **NRS 608.050** — "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." *NRS 608.050(1)* [^nrs-608-040-2]: **NRS 608.040** — "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." *NRS 608.040(2)* [^nrs-608-060-1]: **NRS 608.060** — "Except as otherwise provided in this chapter, all wages or compensation of employees in private employment is due semimonthly." *NRS 608.060(1)* [^nrs-608-110-2]: **NRS 608.110** — "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." *NRS 608.110(2)* [^nrs-608-060-1-timing]: **NRS 608.060** — "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." *NRS 608.060(1)* [^nrs-608-060-1-mid]: **NRS 608.060** — "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." *NRS 608.060(1)* [^nrs-608-060-3]: **NRS 608.060** — "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, as 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." *NRS 608.060(3)* [^nrs-608-060-4]: **NRS 608.060** — "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." *NRS 608.060(4)* [^nrs-608-070]: **NRS 608.070** — "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." *NRS 608.070* [^nrs-608-080-1]: **NRS 608.080** — "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." *NRS 608.080(1)* [^nrs-608-080-2]: **NRS 608.080** — "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." *NRS 608.080(2)* [^nrs-608-080-3]: **NRS 608.080** — "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." *NRS 608.080(3)* [^nrs-608-115-1]: **NRS 608.115** — "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." *NRS 608.115(1)* [^nrs-608-115-2]: **NRS 608.115** — "The information required by this section must be furnished to each employee within 10 days after the employee submits a request." *NRS 608.115(2)* [^nrs-608-115-3]: **NRS 608.115** — "Records of wages must be maintained for a 2-year period following the entry of information in the record." *NRS 608.115(3)* [^nrs-608-0155-1]: **NRS 608.0155** — "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:" *NRS 608.0155(1)* [^nrs-608-0155-1-c-1]: **NRS 608.0155** — "(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." *NRS 608.0155(1)(c)(1)* [^nrs-608-0155-1-c-2]: **NRS 608.0155** — "(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." *NRS 608.0155(1)(c)(2)* [^nrs-608-0155-1-c-3]: **NRS 608.0155** — "(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." *NRS 608.0155(1)(c)(3)* [^nrs-608-0155-1-c-4]: **NRS 608.0155** — "(4) The person is free to hire employees to assist with the work." *NRS 608.0155(1)(c)(4)* [^nrs-608-0155-1-c-5]: **NRS 608.0155** — "(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. The 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." *NRS 608.0155(1)(c)(5)* [^nrs-608-0155-3]: **NRS 608.0155** — "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." *NRS 608.0155(3)* [^nrs-608-010]: **NRS 608.010** — "‘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." *NRS 608.010* [^nrs-608-0155-2]: **NRS 608.0155** — "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." *NRS 608.0155(2)* [^nrs-608-0155-4]: **NRS 608.0155** — "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." *NRS 608.0155(4)* [^nrs-608-410-1]: **NRS 608.410** — "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." *NRS 608.410(1)* [^nrs-608-410-2]: **NRS 608.410** — "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." *NRS 608.410(2)* [^nv-const-15-16-4]: **Nev. Const. art. 15, § 16** — "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." *Nev. Const. art. 15, § 16(4)* [^nrs-608-160-1]: **NRS 608.160** — "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." *NRS 608.160(1)* [^nrs-608-160-2]: **NRS 608.160** — "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." *NRS 608.160(2)* [^nv-const-15-16-7-action]: **Nev. Const. art. 15, § 16** — "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." *Nev. Const. art. 15, § 16(7)* [^nv-const-15-16-7-fees]: **Nev. Const. art. 15, § 16** — "An employee who prevails in any action to enforce this section shall be awarded his or her reasonable attorney’s fees and costs." *Nev. Const. art. 15, § 16(7)* [^neville-2017]: **Neville v. Eighth Judicial Dist. Court, 133 Nev. 777, 406 P.3d 499 (2017)** — "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." *Neville v. Eighth Judicial Dist. Court, 133 Nev. 777, 406 P.3d 499 (2017)* [^nrs-608-140]: **NRS 608.140** — "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." *NRS 608.140* [^nrs-608-050-2]: **NRS 608.050** — "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." *NRS 608.050(2)* [^nrs-608-260-1-limit]: **NRS 608.260** — "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." *NRS 608.260(1)* [^nrs-608-260-1-contract]: **NRS 608.260** — "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." *NRS 608.260(1)* [^nrs-608-260-2]: **NRS 608.260** — "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." *NRS 608.260(2)* [^nrs-608-135-1]: **NRS 608.135** — "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." *NRS 608.135(1)* [^nrs-608-135-2]: **NRS 608.135** — "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." *NRS 608.135(2)* [^nv-const-15-16-6]: **Nev. Const. art. 15, § 16** — "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." *Nev. Const. art. 15, § 16(6)* [^nrs-608-195-2]: **NRS 608.195** — "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." *NRS 608.195(2)* [^nrs-608-195-1]: **NRS 608.195** — "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." *NRS 608.195(1)* For repeat use, install the skill: `npx skills add open-agreements/open-agreements` (lawyer-reviewed agreement templates + 50-state practice guides).