Regarding labor and right to pay laws, every state is unique and has its own policies. Throughout the years, Nevada has gone through a significant transformation regarding employment laws. There are many changes in laws, including overtime, vacation, wages and more. Nevada has improved on its labor laws to better help employees and give them benefits that they deserve.
Minimum Wage and Overtime
Starting July 1, 2021, the minimum wage in Nevada will be raised to $9.75 an hour for employees who are not offered qualifying health benefits. The minimum wage will be $8.75 an hour for those who are offered qualifying health benefits. Due to the increase of minimum wage, there is an increase to the threshold for daily overtime. Nevada recognizes that daily overtime is working more than 8 hours in a 24-hour period. Nevada also recognizes overtime as working more than 40 hours per week. Employees who earn less than $13.13 per hour and are offered qualifying health benefits from their employers are entitled to overtime whenever they work more than 8 hours in a 24-hour period or more than 40 hours per workweek. Employees that are earning more than that threshold amount are only entitled to overtime by working more than 40 hours per workweek. Nevada Law requires overtime pay at the rate of 1 ½ times the employee’s standard hourly wage. Nevada exempts executive and administrative employees from receiving overtime wages due to their status.
Meals and Breaks
According to the Nevada labor laws, employers are required to provide employees with a meal period of at least 30 minutes when they are working for a continuous period of 8 hours. Employers are also required to provide employees with a minimum 10-minute break for every 4 continuous hours worked. The breaks given by the employer are required to be paid breaks, by Nevada labor law. If an employee is working less than 3 ½ hours, the employer is not required to give them a 10-minute break. There are certain exceptions where an employee may not be able to receive a paid meal or break, such as if they are the only employee at the place of employment. Also, an employee may be able to decline their meal or break if they wish, and continue working. The specific meal and break time period includes:
- One 10-minute break if the employee works at least 3 ½ continuous hours and less than 7 continuous hours.
- Two 10-minute breaks if the employee works at least 7 continuous hours and less than 11 continuous hours.
- Three 10-minute breaks if the employee works at least 11 continuous hours and less than 15 continuous hours.
- Four 10-minute breaks if the employee works at least 15 continuous hours and less than 19 continuous hours.
Vacation and Illness Leave
According to Nevada labor laws, employers are not required to provide employees with either paid or unpaid vacation leave. As an employer, you have the ability to decide whether or not you want to give your employees the benefit of taking a vacation leave. The employer has full power deciding the policies regarding vacation leave, and they are able to decide whether or not vacation is allowed, and the length of it. Regarding illness leave, the Nevada law does not require employers to provide employees with either paid or unpaid illness leave. Similar to vacation leave, the employer has the utmost power to decide the policies regarding illness leave. The employer must follow the illness leave policy written in the employer contract and may be required to provide an employee with unpaid illness leave according to the Family and Medical Leave Act.
Jury Duty and Voting Leave
As an employer, you are not required to pay an employee for the time spent serving on Jury Duty. Additionally, an employer is not allowed to terminate or threaten to terminate an employee for serving on Jury Duty. The Nevada Law requires employers to provide paid voting leave to employees to vote, if there is not enough time for employees to vote before or after their work shift. The requirements following voting leave include:
- One hour if the voting place is 2 or fewer miles from the workplace.
- Two hours if the voting place is more than 2 miles but fewer than 10 miles from the workplace.
- Three hours if the voting place is more than 10 miles from the workplace.
The State of Nevada has made many changes to improve the working conditions for the most fair opportunity between employers and employees. If you or a loved one has undergone unfair circumstances in the workplace, it is important that you reach out to a qualified legal team to hear about your case. Here at Richard Harris Law Firm, our attorneys have extensive experience with dealing with Nevada labor laws and could assist you with your unique case to ensure fairness in your workplace, whether you are an employer or employee.