Frequently Asked Questions 

Q.) What is Nevada’s minimum wage rate?

A.) Nevada is a two tier minimum wage system. Minimum wage is $7.25 for employers who offer employees a qualified health benefit plan. $8.25 must be paid if the employer does not offer a qualified health benefit plan. As of July 1, 2020, the minimum wage will increase by seventy-five cent increments and will cap at $11.00 per hour for the lower tier rate and $12.00 per hour for the higher tier rate, by July 1, 2024. Assembly Bill (AB) 456-2019

Q.) What is a qualified health insurance plan?

A.) You can refer to Nevada Administrative Code (NAC) sections 608.102 and NAC 608.104.

Q.) When must an employee receive their final wages after a separation?

A.) If the employee quits employment, they must receive their final wages within 7 days or by the next regular pay day, whichever is earlier.  If the employee is discharged, they must receive their final wages within 3 days (Nevada Revised Statutes 680.020-NRS 608.040).  The calculation of days should exclude the first day and include the last unless the last day is a Saturday, Sunday, or legal holiday, in which case the next business day is the last day of the time limit.

Q.) Do Salaried Employees receive overtime?

A.)There are exemptions to overtime pay, however, just because an employee is paid a salary rate, does not automatically exempt them from overtime.  For a list of overtime exemptions, please review NRS 608.018 and the Fair Labor Standards Act fact sheets. https://www.dol.gov/whd/flsa/          

Q.) Does overtime have to be paid for any work performed over 8 hours in a day or over 40 hours in a week?

A.) If an employee makes less than one and one half times minimum wage ($12.375/$10.875) per hour, the employee would be paid overtime for time worked over 8 hours in a 24-hour period.  If and employee makes more than one and one half times minimum wage, the employee would be paid overtime for time worked over 40 hours in a week.  The only exception is if an employee agrees to work 4, 10 hour shifts.  However, any deviations from the 4-10 rule could cause overtime to accrue (NRS 608.018).

Q.) When can deductions be made to an employee’s check?

A.) Deductions, other than those required by law and contributions to benefit programs, can only be deducted from your employee’s paycheck if there is a prior specific signed authorization from the employee. The written authorization must include the specific amount being deducted, the purpose for the deduction, and the pay period/date in which the deduction will be made (NRS 608.110 and NAC 608.160).

Q.)How often does an employee have to receive a rest/meal break?

A.) An employee must be given a paid, 10 minute break for each 4 hour period of work.  In addition, employees are entitled to an unpaid, 30 minute meal period for each 8 hour period of work (NRS 608.019).

Q.) Can an employer lower an employee’s rate of pay?

A.) Yes.  However, the employer must provide the employee with a 7 day written notice before lowering their pay (NRS 608.100).

Q.)How often are employees required to be paid?

A.) Nevada law requires employers to pay their employees at least twice a month (NRS 608.060). 

Q.)Is Tip Pooling allowed under Nevada Law? 

A.)Yes, employers may establish mandatory tip pools that include employees of different ranks, so long as all the tips are distributed amongst the employees, and the employer does not keep any portion of the tips for themselves. Wynn Las Vegas, LLC v. Baldonado, et al., 129 Nev., Advance Opinion 78 (Oct. 31, 2013). 

Q.)May an employer take a portion of an employee’s tips? 

A.)An employer may not take all or a part of any tips or gratuities or apply as a credit toward the payment of the minimum wage. (NRS 608.160) 

Q.)Must a sick employee report to work? 

A.)No, an employee is not required to be physically present at work to notify his or her employer that he or she is sick or has sustained a non-work related injury and cannot work. AB 181-2019

Q.)May an employer charge for uniforms?

A.) No, all uniforms or accessories distinctive as to style, color or material shall be furnished, without cost, to employees by their employer. (NRS 608.165)

Q.)Must an employer provide paid leave?

A.)Effective January 1, 2020, yes, a private employer who employs 50 or more employees in the state of Nevada must provide 0.01923 hour of paid leave per hour of work performed. Senate Bill (SB) 312-2019.

 Q.) How are claims filed? 

A.) Claims can be filed online by visiting our website at: www.http://labor.nv.gov/ and selecting the Complaint Forms link.

CONTACT US: Email: mail1@Labor.nv.gov

Carson City: 1818 College Parkway, Suite 102 Carson City, NV 89706 Phone: (775) 684-1890 Fax: (775) 687-6409

Las Vegas: 3300 West Sahara Avenue, Suite 225 Las Vegas, NV 89102 Phone: (702) 486-2650 Fax: (702) 486-2660

For questions about public works:publicworks@labor.nv.gov

 *Please review the most recent version of the Nevada Revised Statutes and/or Nevada Administrative Codes for the most current laws.*

  This information is not intended as legal advice.