01Question 2 eliminated two-tier system; NV is one of few states with no tip credit
Nevada's minimum wage is $12.00/hr — flat statewide, no city or county overrides. The rate took effect July 1, 2024, following Question 2 (passed by Nevada voters in November 2022). Question 2 eliminated the prior two-tier system, which had set a lower rate for employers offering qualifying health benefits. As of July 1, 2024, the health-benefits distinction no longer affects minimum wage.
No tip credit allowed under NRS § 608.250. Tipped workers receive the full $12.00 cash wage; tips are entirely on top. Nevada is one of seven states (plus Flagstaff city) that prohibit tip credits. The framework provides higher base wages for tipped workers but eliminates the cost-shifting flexibility that tip-credit states provide to restaurants and hospitality.
No automatic indexing. Unlike Arizona, Colorado, Washington, Florida, and many other states with CPI-indexed minimum wages, Nevada's $12.00 is not subject to automatic annual increases. Future minimum wage changes require legislative action (Nevada Assembly + Senate) or ballot initiative. As of 2026, no current legislation or ballot initiative has been certified for the 2026 ballot.
Federal $684/week ($35,568/year) exempt threshold applies. Nevada does not set a higher state-specific exempt threshold. The DOL's attempted 2024 increase to $1,128/week was vacated by the Eastern District of Texas in November 2024. NV tracks federal exempt classifications and duties tests under FLSA, with the daily OT distinction discussed in next section.
Coverage exemptions under NRS § 608.250: workers with developmental disabilities participating in certified jobs and day training services programs (under NRS § 608.255 and § 435.305-435.310) may be paid below minimum wage with proper certification, aligning with federal FLSA Section 14(c). Other narrow exemptions: certain agricultural workers, taxi drivers, casual babysitters performing work in the employer's home.
Read the full Nevada single-tier $12.00 + no tip credit guide →
02NV's distinctive daily OT trigger for workers earning less than 1.5× minimum wage
NRS § 608.018 establishes Nevada's overtime framework. Subsection (1) imposes daily overtime: '1½ times the employee's regular wage rate whenever an employee whose wage rate is less than 1½ times the minimum rate set forth in NRS 608.250 works more than 40 hours in any scheduled week of work or more than 8 hours in any workday.' The 'or' is critical — workers receive OT under whichever trigger fires first.
Subsection (2) provides the 40-hour weekly trigger for workers earning 1.5× minimum wage or more: workers earning $18.00+ in 2026 receive OT only after 40 hours in the workweek. Subsection (3) excludes certain employee categories: those not covered by minimum wage provisions of Section 16 of Article 15 of the Nevada Constitution; agricultural employees; taxi or limousine drivers; bona fide executive, administrative, or professional employees meeting federal FLSA standards.
4-day, 10-hour exception under NRS § 608.018(2)(b): employer and worker may mutually agree to a regular and consistent four 10-hour-day schedule, in which case daily OT applies only after 10 hours per day. Weekly OT continues to apply over 40 hours. The agreement must be in writing or otherwise documented; ad-hoc 10-hour shifts don't qualify.
Operationally, multi-state operators with NV workers must configure: (1) regular rate calculation per worker (including all compensation components per FLSA's regular rate definition); (2) threshold comparison (regular rate vs $18.00 in 2026); (3) per-workday hours tracking with daily OT calculation when worker is sub-threshold; (4) 4-10 schedule documentation when used. The framework is more complex than 40-hour-only states (PA, OH, GA, NC).
NV applies federal regular rate calculation under 29 CFR Part 778 (incorporated by NRS § 608.018(2)). All compensation components must be included: hourly wages, nondiscretionary bonuses, shift differentials, commissions, certain piecework. Failing to include nondiscretionary bonuses in regular rate is a common employer mistake — particularly impactful in NV where the regular rate also determines daily OT eligibility.
Read the full Nevada daily overtime at 8 hours (under $18/hr) guide →
03NRS § 608.0197 — accrual at 0.01923 hours per hour worked
NRS § 608.0197 requires employers with 50 or more employees in private employment in Nevada to provide paid leave at the rate of 0.01923 hours per hour worked. The accrual rate equals approximately 40 hours per year for a full-time employee working 2,080 hours annually. The law took effect January 1, 2020.
Eligibility: workers must complete 90 calendar days of employment before using accrued leave. Accrual begins immediately upon hire and continues throughout employment. Workers may use accrued leave in minimum 4-hour blocks (employer election; some employers permit smaller increments). Annual usage cap: 40 hours per benefit year.
No reason required: workers do not need to provide a reason to use accrued paid leave. Employers may NOT require documentation, medical certification, or explanation. Workers must give notice as soon as practicable; the statute does not specify a minimum advance notice period for foreseeable leave. The 'no reason' framework distinguishes Nevada from most state PSL laws, which require qualifying reasons.
Carve-outs under NRS § 608.0197(7): (a) employers who provide at least the same amount of leave under contract, policy, CBA, or other agreement are not required to provide additional leave; (b) temporary, seasonal, or on-call employees are excluded; (c) employers in the first 2 years of business operation are exempt; (d) employees covered by valid CBAs that address paid leave may be excluded.
Anti-retaliation: employers may not retaliate against workers for using accrued leave or asserting rights under § 608.0197. Damages framework: workers may file complaints with the Office of the Labor Commissioner. Civil action available for back pay, reinstatement, and attorney fees. Combined with NRS § 608.040 continuation wages remedy for any unpaid leave at termination, the framework provides meaningful enforcement.
Read the full Nevada mandatory paid leave for 50+ employees guide →
04160 hours/year for victims or family/household members under NRS § 608.0198
NRS § 608.0198 (originally effective January 1, 2018, expanded by AB 163 effective January 1, 2024) provides protected leave for victims of domestic violence and sexual assault. Workers who have been employed at least 90 days are eligible. Up to 160 hours of leave per 12-month period — significantly more than most state DV/SA leave laws.
Coverage extends to: (1) the worker themselves who is a victim of domestic violence or sexual assault; (2) workers whose family or household member is a victim. Family or household member definition is broad: spouse, domestic partner, child, foster child, parent, sibling, mother-in-law, father-in-law, grandparent, grandchild, stepparent, or any person for whom the worker is the legal guardian.
Qualifying uses under § 608.0198(2): (a) diagnosis, care, or treatment of physical or mental health condition related to acts of domestic violence or sexual assault; (b) obtaining counseling or assistance; (c) participating in court proceedings (criminal or civil) related to the acts; (d) establishing or acting on a safety plan (including temporary or permanent relocation, securing safe housing, modifying work location).
Documentation: workers may be required to provide reasonable documentation supporting the leave (police report, court records, medical records, victim advocate documentation, or worker's own written statement). Documentation requirements are similar to other state DV leave laws but the 160-hour cap is among the highest in the country.
Anti-retaliation: employers may not discharge, discriminate, or retaliate against workers for using DV/SA leave or for being a victim. Civil remedies available through Office of the Labor Commissioner or private civil action. AB 305 (effective January 1, 2026) caps healthcare provider fees for completing required FMLA certifications at $30 — relevant when workers also pursue federal FMLA leave concurrently with state DV leave for serious health conditions arising from victimization.
Read the full Nevada domestic violence and sexual assault leave guide →
05NRS § 608.040 — wages continue at full daily rate for up to 30 days
Final pay timing under Nevada law is split based on circumstances of separation. NRS § 608.020 (Discharge): '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.' Immediate means at the time of discharge — workers must receive their final paycheck before leaving the workplace.
NRS § 608.030 (Voluntary resignation): wages and compensation earned and unpaid at the time the worker quits become due 'on the day the wages or compensation would have been paid had the employee remained in his or her employ, or 7 days after the employee quits, whichever is the earlier date.' The 7-day cap accelerates payment beyond the regular pay cycle for resignations.
NRS § 608.040 (Continuation wages): if final wages are not paid as required by §§ 608.020 or 608.030, 'wages or compensation of the employee shall continue at the same rate from the day the employee resigned, was discharged or otherwise left the employment of the employer until paid or for 30 days, whichever is less.' The continuation wages accrue at the worker's regular daily rate.
Operational impact: an underpayment dispute that takes 20 days to resolve adds 20 days of continuation wages to the worker's recovery. For a worker earning $200/day, that's $4,000 of continuation wages on top of any underlying unpaid amount. The remedy is structurally similar to Massachusetts' Wage Act (which provides automatic triple damages on late final pay) — both incentivize immediate full payment.
Combined with the Office of the Labor Commissioner's investigative authority and worker complaint mechanism, the framework creates substantial leverage. Multi-state operators expanding to NV from states with permissive next-payday rules (PA, NC, OH, GA) need to recalibrate termination workflows. Discharge requires immediate calculation and same-day payment — meaning HR systems must trigger final pay calculation upon discharge notification with cash, check, or expedited direct deposit available within hours.
Read the full Nevada continuation wages remedy for late final pay guide →
0630-min meal after 8 continuous hours; 10-min paid rest per 4 hours
NRS § 608.019(1) requires that '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. No period of less than 30 minutes interrupts a continuous period of work for the purposes of this subsection.' Workers must be relieved of duty during the meal period for it to count.
NRS § 608.019(2) requires rest breaks: 'every employer shall authorize and permit all his or her employees to take rest periods, which, insofar as practicable, shall be in the middle of each work period.' The implementing standard is 10-minute paid rest breaks for every 4 hours worked or major fraction thereof. Rest breaks are paid time; meal breaks (when worker is fully relieved) are unpaid.
Lactation accommodation under NRS § 608.0193: employers must provide reasonable break time for workers who need to express breast milk for nursing children, and a private space other than a bathroom. The accommodation is required regardless of employer size. Compensation during lactation breaks is per CBA terms; for non-CBA workers, the break time can typically run concurrent with paid rest breaks. Anti-retaliation provisions apply.
Sleep periods for workers on duty 24+ hours under NRS § 608.0195: employer and worker may agree to exclude up to 8 hours of sleep time from compensable work, provided adequate sleep facilities are furnished and the worker can usually enjoy uninterrupted sleep. If interrupted, the time becomes compensable.
Exemptions to break requirements: workers covered by valid CBAs addressing breaks; workers in certain occupations where breaks are impractical (e.g., 24-hour care, emergency response); workers whose duties are continuous monitoring or supervision such that breaks would compromise safety. Operators should document any break-rule exemptions and ensure the underlying basis is properly established.
07Wage range disclosure required for 15+ employee employers
Nevada's pay transparency law was enacted via Senate Bill 293 (2023 legislative session) and took effect October 1, 2023. The law applies to employers with 15 or more employees in Nevada. Coverage: applicants for positions, current workers seeking promotion or transfer, and current workers upon application/interview for additional positions.
Disclosure requirements: employers must disclose to applicants who interview, and to current workers under similar circumstances, the wage or salary range that the employer in good faith expects to pay. The disclosure must occur 'before, during, or upon completion' of the application/interview process. Internal candidates have similar rights.
Job postings: SB 293 requires posting requirements similar to MD, NY, CO frameworks. Each posted job must include a wage or salary range. Open-ended ranges (e.g., '$50,000+') are not compliant — both lower and upper bounds required.
Salary history restriction: employers may not seek wage or salary history information from applicants. The restriction extends to questioning during interviews, requesting on applications, or relying on prior compensation in setting offers. Workers may voluntarily disclose; employers may verify after offer for purposes consistent with employment.
Enforcement and penalties: violations are pursued through the Office of the Labor Commissioner. Civil penalties under NRS § 608.195 may apply. Workers may also pursue private civil action. Combined with NV's broader anti-discrimination framework under NRS Chapter 613, transparency disclosure that reveals pay disparities correlated with protected class membership creates parallel disparate treatment exposure.
Read the full Nevada pay transparency under sb 293 (oct 2023) guide →
08NRS § 608.0155 applies ABC test — strict three-prong analysis
Nevada applies the ABC test for IC classification under NRS § 608.0155 (effective July 1, 2015). The statute provides that '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; AND (c) the person satisfies three or more of the following criteria...'
The 'three or more criteria' under § 608.0155(1)(c) include: (1) notwithstanding the exercise of any control necessary to comply with statutory, regulatory, or contractual obligations, the person has control and discretion over the means and manner of the performance of work; (2) the person has control over the time the work is performed; (3) the person is not required to work exclusively for one principal unless: a law requires the person to work exclusively for one principal, OR the principal and the person have agreed in writing that the person will work exclusively for the principal for a specific term; (4) the person is free to hire employees to assist with the work; (5) the person contributes a substantial investment of capital in the business of the person, including, without limitation, the purchase or lease of ordinary tools, material and equipment regardless of source; the 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; or the lease of any work space from the principal required to perform the work for which the person was engaged.
Failure on the ABC test defeats IC classification. Workers reclassified as employees become entitled to: minimum wage, overtime under NRS § 608.018 (with daily OT trigger), paid leave under NRS § 608.0197 (if employer has 50+ employees), wage statement disclosures, all worker protections under NRS Chapter 608.
Construction industry concentration: NV has been an active enforcement jurisdiction for construction misclassification. The Joint Task Force on Employee Misclassification (created in 2009, now coordinating across multiple agencies) pursues 'sham' subcontractor patterns. Workers' compensation premium evasion through misclassification has triggered significant prosecutions, particularly in residential and commercial construction.
Healthcare and gig economy: Nevada's casino and entertainment industries create concentrated IC classification questions. Travel nurses, locum physicians, and contract healthcare workers face ABC test analysis. Gig economy workers (rideshare, delivery) face evolving classification analysis. Multi-state operators expanding to NV should review IC arrangements against the ABC test framework and document the basis for each classification decision.