Minimum Wage Laws in Nevada

Workers in Nevada are generally entitled to a minimum wage of either $7.25 if they receive company health insurance, or $8.25 without health insurance. But Nevada's minimum compensation laws don't apply to certain categories of workers, including:

  • minors
  • taxicab and limousine drivers
  • domestic servants who live in the home where they work
  • certain farm workers
  • certain disabled workers

Employees who are wrongly being denied minimum wage may try to settle the matter privately with the employer. If that does not work, employees should consider either:

In this article, our Las Vegas Nevada employment law attorneys discuss:

placard that says "minimum pay" and gavel
Workers being paid less than minimum wage may be able to bring a wage-and-hour lawsuit against the employer.

1. Minimum wage laws in Nevada

Currently, Nevada's minimum wage is:

  • $7.25 an hour for employees offered health insurance benefits, or
  • $8.25 an hour for employees not offered health insurance benefits.1

Nevada's minimum wage is subject to review once a year and is based on the cost of living. Nevada lawmakers rely on the Consumer Price Index by the U.S. Department of Labor's Bureau of Labor Statistics when determining whether to increases the minimum wage.2

$7.25 in cash and a quarter
The Nevada minimum pay is $7.25 with the offer of health insurance or $8.25 without the offer of health insurance.

Nevada's minimum wage may never be lower than the federal minimum wage (currently $7.25). Any increases to Nevada's minimum wage is always announced by April 1st of a given year and implemented on July 1st of that same year.3

1.1. Health insurance benefits

Nevada employers may pay the lower wage rate -- $7.25 an hour -- as long as they offer the employee qualifying health insurance benefits. But if employees are required to work for a set period of time before they can participate in the plan, then employers must pay the higher wage rate -- $8.25 an hour -- until they become eligible.4

Qualifying health insurance policies that allow employers to pay the lower wage rate have to meet several standards, such as:

  • The plan covers every category of medical care costs employees may lawfully deduct from their federal income tax return;
  • The plan provides medical care benefits pursuant to various federal guidelines, including:
    • it was created pursuant to a Taft-Hartley trust and 29 USC 186(c)(5); and
    • it fits the specifications of an "employee welfare benefit plan" pursuant to the IRS and ERISA
  • Premiums cost a maximum of 10% of the employees' gross taxable income;
  • Employees (and any dependents) can join the plan no later than after six months of employment5

Note that employers can pay the lower wage rate even if the employee declines health care coverage. But the employer should keep any documentation showing that the employee refused coverage.6

1.2. Tips

In general, Nevada employers are obligated to pay minimum wage to employees regardless of whether they receive tips. Therefore, employees with the following types of jobs are entitled to minimum wage separate and apart from any tips they receive:

jar of tips
In Nevada, tips do not count against the minimum pay rate.
  • restaurant food servers
  • valet drivers
  • hotel bellhops
  • delivery drivers7

1.3. Uniforms & meals

Employers who require employees to wear uniforms must provide the clothing -- and money to clean it -- at no cost to the employees.

Employers who provide meals can count those meals against an employee's wage if the employee agrees to it. The employer can charge no more than the following prices:8

Meal

Price employer may deduct from wages in Nevada

breakfast

35¢

lunch

45¢

dinner

70¢

2. Workers not entitled to minimum wage in Nevada

In general, employers are permitted to pay less than minimum wage to the following ten types of employees:

  1. minors (under 18 years old)
  2. people employed by non-profit organizations for after-school or summer employment
  3. casual babysitters
  4. taxicab and limousine drivers
  5. domestic service employees who live in the home where they work
  6. outside salespeople whose earnings are commission-based
  7. employees engaged in an agricultural pursuit for an employer who did not use more than 500 days of agricultural labor in any calendar quarter of the preceding calendar year
  8. certain types of trainees (for no longer than 90 days pursuant to section 6(g) of the Fair Labor Standards Act (FLSA))
  9. employees who agreed to waive minimum wage terms under a valid collective bargaining agreement
  10. Severely disabled workers specified in certificates issued by the Rehabilitation Division of the Department of Employment, Training and Rehabilitation9
green stamp that says "minimum pay"
Some workers are not entitled to minimum pay in Nevada.

Workers should always consult with an employment attorney before accepting a subminimum wage job. Perhaps their employer is wrong about the workers being exempt from wage laws. Or perhaps there is an exception that permits the employee to demand minimum compensation.

Learn about the misclassification of employees as independent contractors in Nevada and the misclassification of non-exempt employees as exempt in Nevada.

3. Legal actions for minimum wage pay in Nevada

Workers who are wrongly denied minimum wage pay by their employers are advised to take the following three steps if necessary.

  1. Negotiation with the employer,
  2. File a claim with the Nevada Labor Commissioner,
  3. File a civil lawsuit in court

3.1. Negotiations

Sometimes employers cut checks with insufficient amounts without realizing it, especially if they are ignorant about current wage laws. Employees may be able to resolve the matter just by speaking to the employer about it.

If an employee does approach an employer, the employee should be armed with information, including:

sign that says "minimum pay"
Employers who compensate employees with less than minimum pay may be held legally liable.
  • copies of current minimum compensation laws
  • the hours the employee worked
  • the difference between the wages the employee is entitled to and what the employer paid

If the employer will not comply, employees can consider consulting with a labor law attorney. Perhaps the attorney can speak with the employer on the employee's behalf or compose a compelling letter.

3.2. Filing a claim

If the employee's "good faith" effort to resolve the wage matter fails, the employee can consider filing a claim with the Nevada Office of the Labor Commissioner. Filing a claim is typically done online through the claim for wages form, where the employee can also attach supporting materials such as pay stubs.

Once the employee files a claim, the Labor Commissioner may investigate the matter, hold a hearing, and issue a binding resolution. Employees are always encouraged to consult with an employment law attorney before filing a claim. Attorneys are skilled in composing claims in a way that maximizes the chances of success.

3.3. Filing a lawsuit

Filing a lawsuit is an alternative to filing a claim with the Labor Commissioner. A Nevada employment law attorney can help the employee determine which option is better for his/her circumstances.

Pursuing a lawsuit is usually more time-consuming and more expensive than filing a claim. But if successful, employees may be able to recover not only their wages but also attorney's fees.

Note that employees have only two (2) years after the non-payment of wages to file a lawsuit.

Also note employees who have accepted subminimum wage paychecks are not prevented from later bringing a lawsuit to recover their full minimum wage pay; in other words, depositing a subminimum wage paycheck is not a waiver of one's right to minimum pay. 10

Male receptionist waiting for your call.
Call our Las Vegas labor law attorneys at 702-DEFENSE today for a FREE consultation.

Call a Nevada labor law attorney...

Are you being cheated out of minimum wage in Nevada? Contact our Las Vegas labor law lawyers at 702-DEFENSE (702-333-3673) for a FREE consultation. We may be able to get you all the compensation you were denied and more.

Work in California? See our article on California minimum wage laws.


Legal References

  1. State Of Nevada Minimum Wage 2018 Annual Bulletin (Posted April 1, 2018);
  2. NV Constitution, Art. 15, Sec. 16; NAC 608.100; NRS 608.250.
  3. NRS 608.250; NV Labor Commission – Minimum Wage Statutes and Regulations.
  4. NRS 608.250.
  5. NAC 608.100; NAC 608.102; NAC 608.104.
  6. NAC 608.106.
  7. NRS 608.160.
  8. Rules To Be Observed By Employers, Nevada Department of Labor.
  9. NRS 608.250; see Nevada Labor Commissioner training manual on wages.
  10. NRS 608.260; Neville, Jr. v. Eighth Judicial District Court, 133 Nev. Adv. Op. 95 (Dec. 7, 2017) (Workers may file a lawsuit for unpaid wages under Nevada's wage and hour laws.).

Free attorney consultations...

Our attorneys want to hear your side of the story. Contact us 24/7 to schedule a FREE consultation with a criminal defense lawyer. We may be able to get your charges reduced or even dismissed altogether. And if necessary, we will champion your case all the way to trial.

Regain peace of mind...

Shouse Law Defense Group has multiple locations throughout California. Click Office Locations to find out which office is right for you.

Office Locations

Shouse Law Group has multiple locations all across California, Nevada, and Colorado. Click Office Locations to find out which office is right for you.

To contact us, please select your state:

Call us 24/7 (855) 396-0370