It’s important to stay up to date on all of the employment laws in your state so that you can maintain compliance in your business. We did some of the hard work for you and put some of the most important Nevada statutes in one place so you can either learn them for the first time or give yourself a refresher. 

However, remember that our summary is not qualified legal advice, laws are always subject to change, and they can vary from municipality to municipality. 

It’s up to you to make sure you’re compliant with all laws and statutes in your area. Consult with a qualified lawyer and/or your local government agencies if you have questions or concerns. 

Here are a few Nevada labor laws every small business owner should know.

Resources

First, here are a few helpful links and resources for you to bookmark and refer back to:

Leave

  • Sick Leave: The Mandatory Paid Leave law requires that private employers with 50 or more employees must provide .01923 hours of paid leave for each hour of work performed to all employees (including part-time staff members).
    • The amount equals 40 hours of paid leave per year for employees who work 40 hours a week, and it can also be frontloaded instead of accrued.
  • Parental Leave: Employers that have at least 50 employees must provide their employees with up to four hours of leave per child to participate in their children’s school conference and other school-related activities.
  • Medical Leave: Employers may be required to provide an employee unpaid sick leave in accordance with the Family and Medical Leave Act or other federal laws.
  • Vacation Leave: Employers with 50 or more employees are required to provide paid leave of at least 0.01923 hours for each hour of work performed.
    • The law exempts any employer who provides at least the same amount of leave pursuant to a contract, policy, CBA or other agreement; temporary, seasonal or on-call employees; and employers in the first two years of operation.
    • Employees can use their leave on the 90th calendar day of employment.
    • Employees do not have to provide a reason for use of leave, but must provide notice as soon as practicable of the need to use paid leave.
    • Employers may cap use of leave to 40 hours per year and may limit the use of daily leave to a minimum of 4-hour time blocks.
    • Employers can cap amount of accrued paid leave that carries over each year to 40 hours.
    • Upon separation, employers are not required to compensate for any unused available paid leave, subject to a limited exception.
  • Jury Duty: An employer is not required to provide paid time off for an employee to serve on a jury or respond to a jury summons, but the employee cannot be penalized for doing so. 
    • Employers may not require employees to use any available sick leave or vacation time to respond to a jury summons. 
    • Employers may not require employees to work between 5 p.m. and 3 a.m. the following day on the day of the jury summons if the employee spent 4 hours or more for jury duty. 
  • Witness Leave: Employers must provide leave for an employee to appear as a witness and cannot discharge or threaten to discharge an employee for taking witness leave.
  • Holiday Leave: Employers are not required to provide holiday leave. 
  • Voting Leave: Paid voting leave must be provided to employees if it is impractical for them to vote before or after work. 
    • The employee must be given:
      • 1 hour if the voting place is 2 miles or less from the workplace
      • 2 hours if the voting place is more than 2 miles but 10 miles or less from the workplace.
      • 3 hours if the voting place is more than 10 miles from the workplace. 
    • Employers are allowed to set the leave time to vote to minimize the impact on the workplace. 
  • Bereavement Leave: Employers are not required to provide bereavement leave. 
  • Domestic Violence or Sexual Assault Leave: Employers are required to provide leave to employees who have worked at least 90 days and who are victims of domestic violence or have a family or household member who is a victim of domestic violence.
    • Under the Act employees may take up to 160 hours of protected leave in a 12-month period, for the following reasons, if related to the act(s) of domestic violence:
      • Diagnosis, care, or treatment of a physical or mental health condition.
      • For counseling or assistance
      • To participate in court proceedings
      • To establish or act on a safety plan (such as relocating)
  • Military Leave: Employers may not discharge or discriminate against an employee because they are a member of the National Guard or engage in military duties.

Uniforms

  • Employers must provide all uniforms or accessories with a distinctive style, color or material, without cost to employees.
  • If a uniform or accessory requires a special cleaning process, and cannot be easily laundered by an employee, the employer must clean the uniform or outfit without cost to the employee.

Hiring

  • Credit and Investigative Checks: Employers may not obtain credit reports on applicants or employees, except under the following circumstances:
    • The employer is authorized or required by law to obtain a credit report
    • The employer reasonably believes that the applicant or employee has committed a specific violation of law
    • Information in a credit report is reasonably related to the position the applicant or employee is being evaluated for employment, promotion, reassignment, or retention because the position involves:
      • The care, custody, and handling of, or responsibility for, money, financial accounts, corporate credit or debit cards, or other assets;
      • Access to trade secrets or other proprietary or confidential information;
      • Managerial or supervisory responsibility;
      • The direct exercise of law enforcement authority as an employee of a state or local law enforcement agency;
      • The care, custody and handling of, or responsibility for, the personal information of another person;
      • Access to the personal financial information of another person;
      • Employment with a financial institution that is chartered under state or federal law, including a subsidiary or affiliate of such a financial institution; or
      • Employment with a licensed gaming establishment
  • Arrest and Conviction Checks: Nevada prohibits employers from inquiring about arrest records that did not result in conviction. Employers may ask about convictions, pending charges, and current parole or probation.
  • Mandatory Background Checks: Nevada requires that employers conduct background checks on the following types of employees:
    • Medical facility personnel
    • Childcare facility personnel
    • Foster home personnel
    • Administrative or financial personnel at private colleges or universities

Drug and Alcohol Testing

  • It is unlawful for any employer to refuse to hire a prospective employee because the prospective employee submitted to a screening test and the results of the screening test indicate the presence of marijuana.
  • The law does not apply to firefighters, EMTs, employees who operate a motor vehicle, or those who could adversely affect the safety of others.

Final Paycheck

  • Employees who are fired or laid off must be paid all due wages immediately. 
  • Employers have until the next scheduled payday or 7 days to pay employees due wages if they quit, whichever comes first. 

Minimum Wage

  • The current minimum wage in Nevada is $7.25 for employees who are offered health benefits and $8 for employees who are not offered health benefits. 
  • The minimum wage will increase over the next few years as follows:
    • If health benefits are provided:
      • July 1, 2020 – $8.00
      • July 1, 2021 – $8.75
      • July 1, 2022 – $9.50
      • July 1, 2023 – $10.25
      • July 1, 2024 – $11.00
    • If health benefits are not provided:
      • July 1, 2020 – $9.00
      • July 1, 2021 – $9.75
      • July 1, 2022 – $10.50
      • July 1, 2023 – $11.25
      • July 1, 2024 – $12.00
  • The minimum wage must be reviewed annually and increased by the percentage the cost of living has changed from the prior year. 

Tipped Wages

Nevada does not have a separate minimum wage for tipped workers, and employers may not count an employee’s tips as a credit towards their minimum wage obligation. 

Pay Practices

  • Employers must pay their employees semimonthly on regular paydays the employer chooses in advance. However, the employer and employee may agree in writing to more frequent payments.
  • Employers may pay exempt employees monthly if the employer’s principal place of business is outside of Nevada and the employer’s payroll is prepared outside of Nevada.

Child Labor

  • Minors 14 and 15 years of age need written permission from a district court judge, and then can only work as a performer or in artistic, athletic, creative and intellectual industries. 
    • The guardian of the minor must set aside 15-50% of all earnings. 
    • Minors in this age group are subject to the following time restrictions:
      • When school is in session:
        • They may not work during school hours unless they are performing in a motion picture. 
        • On school days, they may not work more than 3 hours a day.
        • On non-school days, they may work a maximum of 8 hours. 
        • They may work a maximum of 18 hours a week. 
        • They may not work earlier than 7 a.m. or after 7 p.m.
      • When school is not in session:
        • They may work a maximum of 8 hours a day. 
        • They may work a maximum of 40 hours a week. 
        • They may not work before 7 a.m. or after 7 p.m. 
  • Minors 16 and 17 years of age may not work in an establishment that serves or sells alcohol. 
    • Minors in this age group are subject to the following time restrictions:
      • When school is in session:
        • They may not work during school hours unless they are performing in a motion picture. 
        • They may work a maximum of 8 hours a day. 
        • They may work a maximum of 48 hours a week. 
        • They may not work earlier than 7 a.m. or after 7 p.m.
        • If delivering goods or messages, they may work between the hours of 5 a.m. and 10 p.m.
      • When school is not in session:
        • They may work a maximum of 8 hours a day. 
        • They may work a maximum of 4 hours a week. 
        • They may not work before 7 a.m. or after 7 p.m. 
        • If delivering goods or messages, they may work between the hours of 5 a.m. and 10 p.m.

Meal and Rest Breaks, Overtime

  • The federal overtime rule stipulates that the minimum salary requirement for administrative, professional, and executive exemptions is $684 per week, or $35,568 per year.
  • Non-exempt employees must be paid an overtime rate of 1 ½ times the regular rate of pay for hours worked in excess of 40 in one workweek.
  • If an employee normally earns less than 1 ½ times the minimum wage, they must be paid the overtime rate when they work more than 8 hours in a day. 
  • Employers must provide a meal period of at least 30 minutes for employees who work 8 consecutive hours and a paid break of at least 10 minutes for every 4 hours worked. 

Required Posters

The State of Nevada requires that employers post the following notices in a prominent location:

  • Rules to Be Observed by Employers (regarding wage and hour laws)
  • Notice of Limitations Affecting the Application of Lie Detector Tests
  • Annual Minimum Wage Bulletin
  • Nevada Safety and Health Protection on the Job
  • Emergency Phone Numbers
  • Workers’ Compensation
  • Nevada Pregnant Workers’ Fairness Act (employers with at least 15 employees)

Employment Discrimination

  • Federal law prohibits discrimination in employment or terms and conditions of employment based on the following:
    • Race
    • Color
    • Age
    • Sex
    • Sexual orientation
    • Gender
    • Gender identity
    • Religion
    • National origin
    • Pregnancy
    • Genetic information, including family medical history
    • Physical or mental disability
    • Child or spousal support withholding
    • Military or veteran status
    • Citizenship and/or immigration status
  • Additionally, the state of Nevada prohibits discrimination based on the following:
    • Use of lawful products off the premises and outside of work hours
    • Use of service animal
    • Opposing unlawful employment practices
    • Credit report or credit information
    • Wage garnishment for consumer debt
  • Click here to read our blog on what acceptable and unacceptable questions to ask during an interview.       

Termination

  • Nevada is an employment-at-will state, which means that without a written employee contract, employees can be terminated for any reason at any time, provided that the reason is not discriminatory and that the employer is not retaliating against the employee for a rightful action. 
  • A statute unique to Nevada prohibits discharge based on the report of a hired detective or special agent (commonly known as a “spotter”), unless the accused employee is given notice of the report and a hearing at the employee’s request.
    • At the hearing the accused employee must be given the opportunity to confront the person who made the report and the right to present evidence in their own defense.

Whistleblower Protection

Employers that have at least 15 employees may not discharge or discriminate against an employee for doing any of the following:

  • Filing a complaint or participating in an investigation or proceeding regarding civil rights discrimination
  • Filing a complaint or participating in an investigation or proceeding regarding workplace safety
  • Reporting information to the state, a political subdivision, or the police regarding a fraudulent claim

COBRA

  • COBRA is a federal law that allows many employees to continue their health insurance benefits after their employment ends. Because federal COBRA only applies to employers that have 20 or more employees, many states have adopted their own versions of the law, which are known as “mini-COBRAs.”
  • Nevada does not have a mini-COBRA. However, employees and their dependents may continue their health insurance while the employee is on leave without pay because of a total disability.

Shift Scheduling

There are currently no laws regarding shift scheduling in Nevada.

Miscellaneous Laws

Social Media

Employers may not do the following:

  • Directly or indirectly, require, request, suggest or cause any employee or prospective employee to disclose the user name, password or any other information that provides access to their personal social media account.
  • Discharge, discipline, discriminate against in any manner or deny employment or promotion to, or threaten to take any such action against any employee or prospective employee who refuses, declines or fails to disclose the user name, password or any other information that provides access to their personal social media account.

Employee Monitoring

  • Nevada is an “all parties” consent state, meaning every person on a phone call must be aware that they are being monitored or recorded and have consented by placing or continuing the phone call.
  • This means employers may monitor or record phone calls between their own employees only if each employee has been given notice that phone calls may be monitored or recorded.
  • However, phone calls placed by employees to outside parties may not be monitored or recorded unless the outside party has also consented.

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