Nevada Overtime Laws: The Employer's Guide (2026 Update)

Most states follow one overtime rule: pay time and a half after 40 hours in a week. Nevada follows two.

On top of the standard weekly rule, Nevada requires overtime after 8 hours in a single day, but only for employees earning less than $18.00 per hour. If you're managing hourly workers in Nevada and running payroll based on federal law alone, there's a good chance you're underpaying.

This guide breaks down Nevada overtime laws in plain English, with:

• Real math examples for common scenarios
• A clear comparison table for the $18/hour threshold
• A compliance checklist you can act on today

TL;DR: Nevada Overtime Laws You Need to Know

Need the basics fast? Here's what matters most for Nevada business owners:

• Daily overtime required: For team members earning under $18.00/hour, pay 1.5x regular rate when employees work more than 8 hours in any 24-hour period
• 24-hour period timing: The 24-hour period begins when the employee clocks in‍
• Weekly overtime too: Also pay 1.5x rate for hours over 40 per week (standard federal rule)
• ‍Minimum wage update: Nevada's unified rate is $12 per hour starting July 1, 2024
• Waiving overtime: Employees can agree in writing to a 4-10 schedule to waive daily overtime‍
• Salaried employees: Are not automatically exempt
• Track time carefully: Poor record keeping can lead to lawsuits and costly back pay obligations
• ‍Start compliance now: Use reliable time tracking tools to avoid expensive violations

For detailed compliance tips and exemptions, keep reading below.

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What are Nevada overtime laws?

According to NRS 608.018, Nevada requires employers to pay non-exempt employees 1.5 times their regular rate of pay when overtime is triggered. That can happen two ways: when an employee works more than 8 hours in a 24-hour period, or more than 40 hours in a workweek.

The key number that determines which rule applies is $18.00 per hour. That's 1.5 times Nevada's current minimum wage of $12.00 per hour, which took effect July 1, 2024 following the passage of Ballot Question 2, as confirmed by the Nevada Labor Commissioner's 2024 Daily Overtime Bulletin. Employees earning less than $18.00/hour are subject to both the daily and weekly triggers. Employees at or above $18.00/hour are only subject to the weekly 40-hour rule.

The federal Fair Labor Standards Act (FLSA) only requires overtime after 40 hours in a workweek. Because Nevada adds the daily trigger, it's more protective than federal law. When state and federal law differ, employers must follow whichever standard provides greater protection to the employee. There is no double time requirement in Nevada under either law.

How Nevada's 8-hour daily overtime rule works

What counts as a "workday" in Nevada?

This is where a lot of employers get it wrong. Under NRS 608.0126, a workday in Nevada is not a calendar day. It's a 24-hour period that begins at the time the employee starts work. So if an employee clocks in at 2:00 PM, their workday runs until 2:00 PM the following day. This matters for overnight workers, split shifts, and any employee whose shift crosses midnight.

Who qualifies for daily overtime?

Per the Nevada Labor Commissioner's 2024 Daily Overtime Bulletin, daily overtime applies to employees who earn less than $18.00 per hour. These are typically non-exempt hourly workers in industries like food service, retail, hospitality, and healthcare.

When daily overtime does NOT apply

Daily overtime doesn't apply to employees earning $18.00 per hour or more, though the weekly 40-hour rule still applies to them. Certain categories of workers are fully exempt, outlined below.

One other important exception: the 4-10 schedule. Under NRS 608.018, if an employer and employee mutually agree in writing to a schedule of four 10-hour days per week, daily overtime does not apply. The agreement must be voluntary, so an employer cannot require it. Weekly overtime still applies if the employee exceeds 40 hours.

How to calculate overtime in Nevada (with examples)

Overtime is calculated at 1.5 times the employee's regular rate of pay. Per 29 CFR Part 778, the regular rate includes not just the base wage, but also non-discretionary bonuses and commissions.

Example 1: Employee works 9 hours in one day

Employee earns $15.00/hour (under the $18 threshold, so daily OT applies):

• Regular pay: 8 hrs × $15.00 = $120.00
• Overtime pay: 1 hr × $22.50 (1.5 × $15) = $22.50
• Daily total: $142.50

Example 2: Employee works 45 hours in one week

Same employee at $15.00/hour, no single day exceeds 8 hours:

• Regular pay: 40 hrs × $15.00 = $600.00
• Overtime pay: 5 hrs × $22.50 = $112.50
• Weekly total: $712.50

Example 3: Employee earns more than $18.00/hour

Employee earns $20.00/hour and works 9 hours in a day:

• No daily overtime triggered (at or above $18 threshold)
• If the same employee works 45 hours that week: OT applies to 5 hours only
• Overtime rate: $20.00 × 1.5 = $30.00/hr → 5 hrs × $30.00 = $150.00

Nevada overtime vs. federal overtime

The FLSA requires overtime only when an employee works more than 40 hours in a workweek. Nevada adds the daily 8-hour trigger for employees under $18.00/hour. That's the core difference. Per NRS 608.018, when state and federal laws conflict, the law that provides greater protection to the employee applies. Neither Nevada nor federal law requires double time pay.

Who is exempt from overtime in Nevada?

Not every employee qualifies for overtime. Under NRS 608.018(3) and the FLSA's exemption framework, the most common exemptions include:

Executive exemption: The employee's primary duty is managing the business or a recognized department, they direct at least two full-time employees, and they have real authority in hiring or firing decisions.

Administrative exemption: The employee performs non-manual work directly related to business operations and exercises genuine discretion and independent judgment on significant matters.

Professional exemption: The employee performs work requiring advanced knowledge in a field of science or learning, typically requiring a specialized degree, or performs work requiring creative talent in a recognized artistic field.

Outside sales exemption: The employee's primary duty is making sales away from the employer's place of business.

To qualify for these white-collar exemptions, the FLSA currently requires a salary of at least $684 per week, the threshold that applies following a November 2024 federal court ruling that vacated the 2024 salary increase.

Two things Nevada employers consistently get wrong: first, job titles don't determine exempt status, actual duties do. Second, paying someone a salary does not automatically make them exempt. Both the salary level and the job duties test must be satisfied under NRS 608.018 and the FLSA.

Common overtime mistakes Nevada employers make

Ignoring the daily overtime trigger. Many employers track weekly totals only and miss individual days where a sub-$18/hour employee worked more than 8 hours. That's unpaid overtime liability building shift by shift.

Using midnight as the workday start. Per NRS 608.0126, Nevada's workday begins at the employee's clock-in time. Treating it as a calendar day can cause you to miss daily overtime that crosses midnight.

Not knowing which employees are under $18/hour. The daily trigger only applies below that threshold. If you don't know which employees it applies to, you can't track it correctly.

Assuming salaried = exempt. Salary is only one part of the exemption test. If the job duties don't qualify under NRS 608.018, the employee is owed overtime regardless of how they're paid.

Leaving bonuses out of the regular rate. Non-discretionary bonuses must be factored into the regular rate before calculating overtime, per 29 CFR Part 778.

Only keeping weekly totals, not daily records. If a wage claim is filed, weekly totals won't be enough. You need daily clock-in and clock-out data for every employee. Homebase tracks daily and weekly hours separately, so you always have the records you need without building a spreadsheet from scratch every week.

Assuming federal law is sufficient. FLSA compliance doesn't equal Nevada compliance. The daily overtime rule is a state requirement that goes further than federal law.

Recordkeeping requirements for Nevada overtime compliance

Per NRS 608.115, Nevada employers are required to maintain wage records for a minimum of two years. At a minimum, your records for each employee should include:

• Daily clock-in and clock-out times
• Total hours worked each day
• Total hours worked each workweek
• Pay rate and gross wages per pay period
• Any additions to or deductions from wages

The U.S. Department of Labor's FLSA recordkeeping guidance aligns closely. Payroll records must be kept for at least three years, while time cards and schedules must be kept for at least two.

Daily records matter specifically in Nevada because the daily overtime trigger can't be verified from weekly totals alone. If an employee files a wage claim and you can't produce daily hour-by-hour records, the burden of proof shifts in their favor. Per NRS 608.195, violations can result in administrative penalties up to $5,000 per violation, and willful violations are classified as a misdemeanor.

Tracking daily hours manually across a team of hourly workers is where errors tend to build up. Homebase can send overtime alerts and help you monitor overtime as hours are tracked, and stores timesheets securely in the cloud for easy access when you need them.

Frequently asked questions about Nevada overtime laws

Is overtime after 8 hours mandatory in Nevada?

Yes, but with a condition. Per NRS 608.018 and the Nevada Labor Commissioner's 2024 bulletin, daily overtime is mandatory for employees earning less than $18.00 per hour. Those employees must receive 1.5x pay for any hours beyond 8 in a 24-hour period. Employees earning $18.00/hour or more are only owed overtime after 40 hours in a week.

Does Nevada require double time pay?

No. Per NRS 608.018, overtime in Nevada is calculated at 1.5 times the employee's regular rate of pay. Neither Nevada state law nor the FLSA requires double time. Some employers choose to offer it voluntarily, but it's not legally required.

Can an employee waive overtime in Nevada?

Not outright. Employees cannot sign away their right to overtime pay. The one exception under NRS 608.018 is the 4-10 schedule: an employee may mutually agree in writing with their employer to work four 10-hour days, which waives the daily—but not the weekly—overtime requirement.

Do salaried employees get overtime in Nevada?

They can. Per the FLSA exemption rules, salary alone doesn't create an exemption. Both the salary threshold and the job duties test must be met. A salaried employee who doesn't meet the duties test for executive, administrative, or professional work is still owed overtime under NRS 608.018.

Does Nevada follow federal overtime law?

Nevada follows the FLSA but exceeds it. The FLSA only requires overtime after 40 hours in a workweek. Per NRS 608.018, Nevada adds the daily 8-hour trigger for employees under $18.00/hour. When the two laws differ, the one that provides greater protection to the employee applies.

What happens if an employer doesn't pay overtime?

Per NRS 608.195, the Nevada Labor Commissioner can impose administrative penalties of up to $5,000 per violation. Willful failure to pay wages is a misdemeanor. Employees may also file a wage claim to recover unpaid overtime, and employers can be required to pay attorney's fees under NRS 608.140.

How to stay compliant with Nevada overtime laws

• Know the $18.00/hour threshold. Identify which employees it applies to and flag them in your payroll system
• Track daily hours, not just weekly totals. You need clock-in and clock-out times for every shift, every day
• Use clock-in time as the workday start, not midnight or the beginning of the calendar day, per NRS 608.0126
• Get 4-10 agreements in writing before implementing that schedule, and confirm they're voluntary
• Audit exempt classifications against actual job duties, not just job titles or salary
• Include non-discretionary bonuses in the regular rate when calculating overtime, per 29 CFR Part 778
• Keep time records for at least two years, per NRS 608.115

Take control of overtime before it becomes a problem

Nevada's daily overtime rule is where most payroll mistakes happen. The $18.00/hour threshold, the clock-in-based workday, the two separate triggers. Tracking all of that manually across a team is how small errors grow into back-pay liability.

Homebase tracks daily and weekly hours automatically, can send overtime alerts to help you monitor as hours are tracked, and stores timesheets securely in the cloud for easy access when you need them. You stay focused on your team. We help keep the records straight. Try Homebase free.

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