Minimum Wage

The Nevada wage law provides protections similar to the 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 $10.25 per hour if you receive qualifying health benefits from your employer.  If not, then the minimum wage is $11.25. Beginning July 1, 2024, the new uniform minimum wage for all employees will be $12.00 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 whose earnings are based on commissions;
4. Some agricultural employees; and
5. Severely handicapped persons, as 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.

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 in one week, or more than 8 hours in any work day, unless by mutual agreement you are working 4 10-hour days. Overtime pay is calculated at 1.5 times your regular hourly wage.

However, there are some exceptions. Executive, administrative, professional, and agricultural employees are exempt from overtime pay provisions. So, if you are not covered by the minimum wage, then you are not entitled to receive overtime pay. In addition, if you are paid at or more than the Nevada minimum wage, you are not entitled to receive overtime pay for more than 8 hours worked in a single day – however, you are still entitled to overtime pay for more than 40 hours worked in a week.

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 your 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 payday, 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 range 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 occurred, and, if it has, they will try and recover any wages you are owed. If you believe that you have been paid less than the Nevada minimum wage of $10.25/hr., been denied pay or overtime, or have other pay disputes, you may file a claim against your employer with the Nevada Office of the Labor Commissioner:

Office of the Labor Commissioner
3340 West Sahara Avenue
Las Vegas, NV 89102
Phone: (702) 486-2650
Fax: (702) 486-2660
Email: mail1@labor.nv.gov 

OR

Office of the Labor Commissioner
1818 College Parkway, Suite 102
Carson City, NV 89706
Phone: (775) 684-1890
Fax: (775) 687-6409
Email: mail1@labor.nv.gov

For more information about the Office of the Labor Commissioner or to access complaint forms visit: https://labor.nv.gov/About/Forms/FORMS_FOR_EMPLOYEES/

If you believe you were paid less than the Federal minimum wage of $7.25/hr., or not paid the overtime rate of 1.5 times your hourly wage for hours worked over 40 in a 7-day period, you may file a claim against your employer with the United States Department of Labor Wage and Hour Division (WHD) The nearest WHD District Office is:

U.S. Department of Labor 
Wage and Hour Division 
333 S. Las Vegas Blvd., Suite 5520 
Las Vegas, NV 89101

Phone: (702) 388-6001
Toll-free: 1-866-4-USWAGE (1-866-487-9243)

For more information about filing a complaint with WHD, visit: https://www.dol.gov/agencies/whd/contact/complaints

Complaints filed with the Nevada Office of the Labor Commissioner or with WHD MUST be filed within two years of the date of the alleged wage violation.