Worker's Rights

Minimum Wage

The Nevada wage law provides protections similar to Fair Labor Standards Act (FLSA) in the areas of minimum wage, overtime, and child labor. There are some differences, and in a case where Nevada law provides greater protection, it would be better to use Nevada law. Remember, FLSA is a floor not a ceiling. The Office of the Labor Commissioner enforces Nevada law. The minimum wage in Nevada is $7.25 per hour if you receive qualifying health benefits from your employer.  If not, then the minimum wage is $8.25. However, if you are under the age of 18, the minimum wage is only $4.38 per hour.

The Nevada law applies to all employers in Nevada, except the state, cities, towns , or any office or department of one of these political subdivisions. If the Nevada law covers your employer, it is required to pay you at least the minimum wage for each hour that you work. Your employer is not allowed to require you to work without wages during a trial or break-in period. Wages are the amount your employer agrees to pay you for the time you work, computed in proportion to time, including commissions. It does not include bonuses or profit sharing.

There are exceptions to who is entitled to receive the minimum wage. The following jobs are exempt:

1. Casual babysitters;
2. Domestic service employees who reside on the household where they work;
3. Outside salespersons who earnings are based on commissions;
4. Some agricultural employees; and
5. Severely handicapped persons, specified in a certificate from the rehabilitation division.

One important difference between Nevada and the federal law is that in Nevada, if you are a tipped employee, you are entitled to receive the full minimum wage. That is, your employer cannot credit tips received by you towards the payment of the minimum wage.

If mutually agreed, part of your wages may consist of meals. However, the total value of all meals cannot be more than $1.50 per day. That is breakfast $0.35, lunch $0.45, and dinner $0.70.

Pay Reduction

NRS 608.100 allows your employer to decrease your hourly wage if you do not have an agreement or contract. When your employer wants to decrease your wages, you may have the opportunity to quit and collect unemployment compensation if you cannot find other work. You can claim “good cause” for quitting if your wages decrease more than 25% or if the decrease in pay will result in little or no compensation for you, after deduction for work expenses.

Overtime Pay

You are entitled to overtime pay whenever you work more than 40 hours on a scheduled work week, or more than 8 hours in any work day, unless by mutual agreement you are working 4 10-hour days.

Again, there are some exceptions. If you are not covered by the minimum wage, then you are not entitled to receive overtime pay. If you are paid at or more than $7.73 per hour, you are not entitled to receive overtime pay. Executive, administrative, professional, and agricultural employees are exempt from overtime pay provisions.

Breaks for Meals and Rest

For every 8 hours that you work, you are entitled to have an unpaid meal break of at least 1/2 hour. You are entitled to a 10-minute break for every 4 hours worked, or major fraction thereof. If you work less than 3 1/2 hours, your employer does not have to provide a rest period. If you are the only person at a particular place of employment, or are covered by a collective bargaining agreement, then you are not covered by this provision.

Pay Periods

Your employer is required to pay you at least on the 15th and the last day of the month. All your wages must be paid in U.S. currency, by a good check (called a “good and valuable negotiable check”), or by direct deposit, if you agree. Your employer cannot withhold money from you pay unless it is for state and federal taxes, or you enter into a written agreement authorizing the employer to make the deduction and the deduction is for your benefit.

If you are fired from your job, all of your earned wages and compensation unpaid at that time become due and payable immediately. If you resign or quit, all earned wages and compensation, unpaid at that time must be paid no later than the regularly scheduled pay day, or seven days after resigning or quitting, whichever is earlier.

Prevailing Wage

There are times when your employer in the construction industry has to pay the prevailing wage. This is important since the prevailing wage is significantly higher than the minimum wage, and can rage from approximately $20.00 to over $30.00 per hour depending on the type of work.

You are entitled to the prevailing wage if your employer is involved in new construction, repair or renovation for:

1. Public buildings;
2. Jails and prisons;
3. Roads, highways, streets, and alleys;
4. Utilities;
5. Water mains and sewers;
6. Parks and playgrounds;
7. Convention facilities; and
8. All other public works whose cost exceeds $100,000.

This means that your hourly or daily rate at which you are paid cannot be less than the prevailing wage. The prevailing wage applies to skilled mechanics and worksmen, semi-skilled mechanics and worksmen, or unskilled labor. The rates for each classification should be posted at your work site, in a place generally accessible to you and your co-workers.

File a Claim

The Office of the Labor Commissioner is the agency in Nevada in charge of enforcing the wage laws of Nevada. It will investigate your complaint, determine whether there is substantial evidence a violation has occured, and if it has they will try and recover any wages you are owed. If you have a wage complaint, you should contact the Office of the Labor Commissioner at:

555 E. Washington, Suite 4100
Las Vegas, NV 89101
(702) 486-2650

OR

1445 Hot Springs Road,
Carson City, NV 89706
(775) 687-4850