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10 types of workers NOT entitled to overtime pay in Nevada

Posted by Neil Shouse | Oct 14, 2018 | 0 Comments

Nevada law generally requires employers to pay non-exempt employees for each hour they work. And if they work extra, Nevada overtime laws entitle them to 1.5 times their regular hourly rate. This is also called "time and a half" pay. 

Nevada's overtime laws apply only to non-exempt employees. Ten types of workers who are exempt from Nevada's "time and a half" overtime laws include the following: 

  1. Taxi, limo, or delivery drivers;
  2. Farm workers;
  3. Professional, administrative, or executive employees (which encompasses many white-collar jobs);
  4. Employees covered by a collective bargaining agreement which provides for overtime;
  5. Railroad or airline employees;
  6. Certain motor carrier employees, including drivers, loaders, and mechanics;
  7. Automobile salespeople and mechanics;
  8. Employees of businesses with a gross sales volume of less than a quarter million dollars annually;
  9. Domestic servants who reside where they work and consent in writing to give up overtime pay; and
  10. Employees in a retail or service business if:
    • their regular rate exceeds 1.5 times the minimum wage, and
    • more than half their compensation results from commission

What qualifies as overtime in Nevada

Nevada employers must pay non-exempt employees "time and a half" overtime pay if either:

  • the employee works more than 40 hours a week, or
  • the employee works more than 8 hours in a workday, and the employee's regular pay rate is less than 1.5 times Nevada's minimum wage[3]

The below table lists Nevada's current minimum wage and "time and a half" overtime rates:

Nevada minimum wage

Nevada "time and a half" minimum wage

 $8.25 (without offer of health care)

 $12.375 (without offer of health care)

 $7.25 (with offer of health care)

 $10.875 (with offer of health care)

Employees who work 10-hour shifts four days a week are not eligible for "time and a half" pay as long as their total hours worked per week is 40 or less. It does not matter that they work more than 8 hours a day.

Bringing a claim or lawsuit for "time and a half" overtime pay

Sometimes employers -- either intentionally or inadvertently -- refuse to pay a "time and a half" rate to their non-exempt employees who work overtime. If these employees make a good faith effort in vain to remedy the situation with their employer, they can file a wage claim with the Nevada Office of the Labor Commissioner.

The easiest way to file a claim is to submit a claim form online and attach supporting documentation, including:

  • time logs,
  • pay stubs, and
  • witness information

The Labor Commissioner may then try to get the employer to pay the employee all the back overtime pay he/she is owed. Sometimes the Commissioner holds hearings and issues binding orders that are enforceable in courts of law.

An alternative to filing a claim is to outright sue the employer in court. Litigation is more expensive and time-consuming that filing a claim, but it may be especially effective if several employees are owed back overtime pay: Then the employees may try to form a "class" and bring a class action lawsuit.

Learn more about Nevada wage and hour laws.


Legal References

  1. NRS 608.016 Payment for each hour of work; trial or break-in period not excepted.
    Except as otherwise provided in NRS 608.0195 and 608.215, an employer shall pay to the employee wages for each hour the employee works. An employer shall not require an employee to work without wages during a trial or break-in period.
  2. NRS 608.018 Compensation for overtime: Requirement; exceptions.

          1. 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 prescribed pursuant to 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.

          2. 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 prescribed pursuant to NRS 608.250 works more than 40 hours in any scheduled week of work.

          3. The provisions of subsections 1 and 2 do not apply to:

          (a) Except as otherwise provided in paragraphs (o) and (p), employees who are not covered by the minimum wage provisions of NRS 608.250;

          (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.

          4. As used in this section, “domestic worker” has the meaning ascribed to it in NRS 613.620.

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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