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3 times employers in Nevada must pay you overtime

Posted by Neil Shouse | Apr 17, 2018 | 0 Comments

With some exceptions listed below, employers in Nevada are required to pay overtime in the following three circumstances. Note that as of this writing, the current minimum wage in Nevada is $8.25.

1.  When employees earn less than 1.5 times the minimum wage:

When employees earn less than 1.5 times the minimum wage, those employees are entitled to 1.5 times their wages whenever they work during a scheduled workweek:

  • more than 40 hours in a week, or
  • more than eight (8) hours in a day

An exception to this rule is when the employee by agreement works only a four-day week at 10 hours a day.

2. When employees earn at least 1.5 times the minimum wage:

When employees earn 1.5 times the minimum wage or more, those employees are entitled to 1.5 times their wages whenever they work during a scheduled workweek:

  • more than 40 hours in a week

These employees do not get overtime pay merely for working more than 8 hours in a workday as long as they work no more than 40 hours total a week.

3. Federal employees

Under the FLSA (Fair Labor Standards Act), non-exempt Nevadans employed by the federal government are entitled to 1.5 times their regular pay whenever they work during a scheduled workweek:

  • more than 40 hours in a week

These employees do not get overtime pay merely for working more than 8 hours in a workday as long as they work no more than 40 hours total a week.

Note that if an employer is regulated by both Nevada state and federal law, the employer must follow the overtime law which is more lucrative for the employees. (29 CFR 778.102)

Exceptions:

Several types of employees are not protected by Nevada's minimum wage laws and therefore are not entitled to overtime pay in accordance with NRS 608.018. These include:

  • Casual babysitters;
  • Domestic service employees who reside in the household where they work;
  • Outside salespersons whose earnings are based on commissions;
  • Persons with severe disabilities whose disabilities have diminished their productive capacity in a specific job and who are specified in certificates issued by the Rehabilitation Division of the Department of Employment, Training and Rehabilitation;
  • Outside buyers;
  • Employees in a retail or service business if their regular rate is more than 1.5 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 one month;
  • Employees who are employed in bona fide executive, administrative or professional capacities;
  • Employees covered by collective bargaining agreements which provide otherwise for overtime;
  • Drivers, drivers' helpers, loaders and mechanics for motor carriers subject to the Motor Carrier Act of 1935, as amended;
  • Employees of a railroad (such as for the Union Pacific);
  • Employees of a carrier by air (such as for Allegiant Air or Southwest);
  • Drivers or drivers' helpers making local deliveries and paid on a trip-rate basis or other delivery payment plan;
  • Drivers of taxicabs or limousines (such as for Nellis Cab and Frias Transportation Management);
  • Agricultural employees;
  • Employees of business enterprises having a gross sales volume of less than $250,000 per year;
  • Any salesperson or mechanic primarily engaged in selling or servicing automobiles, trucks or farm equipment; and
  • A mechanic or worker for any hours to which the provisions of subsection 3 or 4 of NRS 338.020 apply.

Also see our article about work cards in Nevada.

About the Author

Neil Shouse

Southern California DUI Defense attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT).

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