The Nevada employment law guide
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Wages and breaks
The current minimum wage in Nevada is $11.00 for employees who are offered health benefits and $12.00 for employees who are not offered health benefits.
The minimum wage must be reviewed annually and increased by the percentage the cost of living has changed from the prior year.
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.
Non-exempt employers must pay overtime at a rate of 1 ½ times the regular rate of pay to employees who work in excess of 40 hours in one workweek. The only exception is if the employee agrees to work 4 days, 10-hour shifts, per week.
The federal overtime rule stipulates that the minimum salary requirement for administrative, professional, and executive exemptions is $844 per week, or $43,888 per year.
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.
Employers must provide a paid break of at least 10 minutes for every 4 hours worked.
Final paychecks in Nevada
Employees who are fired or laid off must be paid all due wages immediately, according to state wages and hours laws.
Employers are required to pay employees due wages who quit by the next scheduled payday or 7 days, whichever comes first, according to the Nevada Labor Commissioner.
Nevada child labor laws
Minors 14 and 15 years of age
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.
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.
Leave Requirements
Nevada Sick days
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.
Nevada Family and 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.
Nevada Bereavement leave
Employers are not required to provide bereavement leave.
Nevada Vacation time
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.
Nevada Holiday leave
Employers are not required to provide holiday leave.
Nevada Jury Duty Leave
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.
Nevada 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.
Nevada 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.
Nevada 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.
Nevada 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).
Nevada 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.
Hiring and firing
Nevada Discrimination laws
Federal law makes it illegal for an employer to discriminate on the basis of: 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.
Nevada Termination Laws
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.
Nevada Record-Keeping Laws
Regarding employment and payroll data, under the Fair Labor Standards Act (FLSA) and others, you must:
For at least 3 years: keep payroll records, certificates, agreements, notices, collective bargaining agreements, employment contracts, and sales and purchase records. Also keep completed copies of each employee’s I-9 for three years after they are hired. If the employee works longer than three years, hold on to the form for at least one year after the employee leaves.
For at least 2 years: Keep basic employment and earning records like timecards, wage-rate tables, shipping and billing records, and records of additions to or deductions from wages. Also keep the records that show why you may pay different wages to employees of different sexes, such as wage rates, job evaluations, seniority and merit systems, and collective bargaining agreements.
For at least 1 year: The Equal Employment Opportunity Commission says employers should keep all employment records for at least one year from the employee’s date of termination.
Other record-keeping laws that may apply to you:
Under the Occupational Safety and Health Act, you need to keep records of job-related injuries and illnesses for five years. But some records, like those covering toxic substance exposure, have to be kept for 30 years.
You must keep files of benefit plans and seniority and merit systems while they are in effect and for at least a year after they end. You must also retain summary descriptions and annual reports of benefits plans for six years.
If your company is covered by the Family and Medical Leave Act, you must also retain relevant records of leaves, notices, policies, and more for three years.
Additional laws that may apply to you
Nevada Uniform law
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.
Mandatory safety training
As of January 1, 2021, workers whose work is related to live entertainment, photography, filmmaking, television programs, sporting events, theatrical performance, trade shows, conventions and related activities to complete an OSHA-10 course within 15 days of hire. Supervisors must complete an OSHA-30 course within 15 days of hire.
Nevada Background check Laws
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.
Nevada Credit and Investigative Check Laws
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.
Employers may also obtain credit reports if 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.
Nevada Arrest and Conviction Check Laws
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. However, the initial application should not have questions about criminal history.
Nevada Drug and Alcohol Testing Laws
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.
Nevada 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.
Nevada Whistleblower Protection laws
Employers that have at least 15 employees may not discharge or discriminate against an employee for doing any of the following: Filing a complaint, filing a lawsuit, 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.
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.
Compliance Calendar
Get our Compliance Calendar to stay on top of deadlines throughout the year: View it on your computer. Click + Google Calendar in the lower right to add it to your Google Calendar and subscribe to all updates. You can also download a calendar (.ics) file that you can import into iCal or Outlook, or download a PDF to your computer.
Remember
This 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. If you need more compliance help, we recommend consulting with a qualified lawyer, checking with your local government agencies, or signing up for Homebase to get help from our certified HR Pros.
Additional resources
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