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7 minutes

Understanding Nevada’s Employment and Labor Laws

PEO

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Author

Lorelei Trisca

Published

August 25, 2024

Last Update

January 31, 2025

Table of Contents

Federal vs. state law differences

Employment vs. labor law: What’s the difference?

Wages and hours in Nevada

Terminations in Nevada

Leaves of absence in Nevada

Workplace safety in Nevada

Discrimination and harassment laws in Nevada

Unions in Nevada

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Key takeaways
  1. Nevada offers a minimum wage that exceeds the federal standard, providing greater financial security for workers.
  2. Nevada mandates specific meal or rest breaks for all employees.
  3. Nevada is an at-will employment state, which impacts how employees and employers manage the termination of employment.

In the US, labor and employment laws establish the framework for fair and equitable workplaces. They outline the rights and responsibilities of employers, employees, and labor unions, covering areas such as wages, working conditions, health and safety, and termination.

Since these laws can vary by state, both employers and employees must know their local requirements. In this article, we’ll cover the key laws in Nevada.

Federal vs. state law differences

Employment laws in Nevada are influenced by both federal and state regulations. While federal laws provide a baseline, Nevada’s laws may offer additional protections and requirements specific to the state. For example, the state minimum wage is set above the federal minimum wage, offering higher baseline pay to workers.

Employment vs. labor law: What’s the difference?

Employment laws typically cover the rights and duties between employers and employees, focusing on aspects such as contracts, wages, and termination. Labor laws deal more with the collective relationship between employers and the workforce as a whole, often involving unions and collective bargaining.

Wages and hours in Nevada

Nevada’s wage and hour laws combine state-specific requirements and federal requirements.

Minimum hour wage in Nevada

As of July 1, 2024, the minimum wage rate in Nevada is $12.00 per hour for all employees. Previously, the state was using a two-tier minimum wage system based on health insurance coverage.

Overtime pay in Nevada

Employers must ensure that employees are paid for all time worked, including outside scheduled hours.

Employers must pay 1.5 times an employee’s regular wage rate for hours worked over 40 in a workweek or over 8 in a workday for employees earning less than 1.5 times the minimum wage. Effective July 1, 2024, employees earning less than $18.00 per hour are eligible for overtime for over 8 hours in a 24-hour period or over 40 hours in a workweek. Those earning more than $18.00 per hour are eligible for overtime for over 40 hours in a workweek.

Pay transparency in Nevada

Nevada’s pay transparency law, as outlined in Senate Bill 293, includes several important provisions to ensure fairness in employment practices:

  1. Prohibition on salary history: Employers and employment agencies are prohibited from seeking or relying on the wage or salary history of an applicant to determine employment or to set pay rates
  2. Mandatory wage range disclosure: Employers are required to provide the wage or salary range or rate for a position to an applicant who has completed an interview. This also applies to promotions or transfers under certain conditions, such as the employee applying for, completing an interview for, or being offered the promotion or transfer and requesting the wage information
  3. Allowance for salary expectations: While employers cannot ask for past wage or salary history, they are allowed to inquire about an applicant’s wage or salary expectations for the position they are applying for
  4. Enforcement and penalties: Violations of these provisions are considered unlawful employment practices and may lead to administrative penalties

These measures are designed to promote equity in hiring and compensation decisions by focusing on the qualifications and expectations of applicants rather than their previous earnings.

Breaks and rest periods in Nevada

The length of the rest period an employee is entitled to is determined by the number of hours worked.

Employers must provide a 10-minute rest break for every 3 1/2 hours worked and a 30-minute uninterrupted lunch break for employees working eight continuous hours.

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Terminations in Nevada

Nevada is an at-will employment state. An employer can terminate an employee for any reason or no reason at all, as long as the firing doesn’t violate any of the state’s public policies (against discrimination, for example).

Leaves of absence in Nevada

The federal Family and Medical Leave Act (FMLA) applies to Nevada businesses with 50 or more employees. This law entitles eligible employees in Nevada to take unpaid, job-protected leave of absence for specified family and medical reasons, with continuation of group health insurance coverage.

Eligible employees can take up to 12 work weeks of leave in a 12-month period for various family and medical reasons and up to 26 work weeks to care for a covered servicemember.

Pregnancy leave and pregnancy disability leave in Nevada

Under the Family and Medical Leave Act (FMLA), eligible employees are entitled to twelve workweeks of pregnancy leave in a 12-month period for the birth of a child and to care for the newborn child within one year of birth. To be eligible, workers must have worked for the employer:

  • 12 months (not required to be consecutive)
  • 1,250 hours during the 12 months prior to the start of leave

Paid sick leave in Nevada

Employers with 50 or more employees must provide paid leave that accrues at a minimum rate of 0.01923 hours for each hour worked. Employees are eligible to use this leave after 90 days of employment. The bill does not apply to employers during their first two years of operation or to temporary, seasonal, or on-call employees.

Jury duty in Nevada

Employers cannot terminate or threaten to terminate an employee for jury duty. Employees cannot be required to use sick leave or vacation time for jury duty, nor can they be required to work certain hours around their jury duty schedule. Violations can result in misdemeanor charges.

Workplace safety in Nevada

Workplace safety in Nevada is regulated under both state and federal laws, with OSHA overseeing enforcement.

Employers are required to provide a safe working environment for their employees, which includes adhering to standards set by the Occupational Safety and Health Administration (OSHA).

The Nevada Occupational Safety and Health Administration (Nevada OSHA) has incorporated most OSHA standards. In addition, Nevada OSHA has adopted the following unique standards:

  • Cranes
  • Asbestos
  • Explosives
  • Ammonium perchlorate
  • Photovoltaic system installation
  • Sanitation
  • Hazard communication
  • Steel erection

Compliance officers inspect workplaces for hazardous conditions and issue citations where violations of Nevada OSHA standards are found.

Discrimination and harassment laws in Nevada

Arkansas enforces laws against discrimination and harassment in the workplace. Employee recruitment, appointment, assignment, training, compensation, and/or promotion occur on the basis of merit and without regard to race/color, gender, gender identity or expression, sexual orientation, religion, national origin, age, pregnancy, genetic information, domestic partnership, or disability.

Nevada’s laws protect employees who report harassment or discrimination. If an employee files a complaint, helps someone else with their complaint, or speaks out against unfair practices, they cannot be punished at work, treated unfairly, or fired because of their actions.

Unions in Nevada

Labor unions in Nevada play a significant role in representing workers, particularly in collective bargaining and advocating for workers’ rights. Nevada is a right-to-work state, meaning employees cannot be compelled to join a union or pay union dues as a condition of employment.

Learn from the experts

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FAQs

Yes, Nevada law requires employers to provide a 10-minute rest break for every 3 1/2 hours worked. Additionally, employees working a continuous 8-hour shift must be given a 30-minute meal break.

Yes, employees in Nevada are allowed to form or join labor unions. The specifics of union formation, membership, and activities would be governed by both federal and state laws.

Employers and employees can consult the Nevada Labor Commissioner’s website or contact a local attorney specializing in labor law for the most accurate and comprehensive legal advice.

In order to be eligible to take leave under the FMLA, an employee must:

  1. Work for a covered employer
  2. Work 1,250 hours during the 12 months prior to the start of leave
  3. Work at a location where 50 or more employees work at that location or within 75 miles of i
  4. Have worked for the employer for 12 months—the 12 months of employment are not required to be consecutive for the employee to qualify for FMLA leave

In Nevada, employees are entitled to take up to 12 weeks of leave within a 12-month period for serious health conditions, bonding with a new child, or qualifying exigencies.

Disclaimer: This article is provided for general informational purposes and should not be treated as legal or tax advice. Consult a professional before proceeding.

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About the author

Lorelei Trisca is a content marketing manager passionate about everything AI and the future of work. She is always on the hunt for the latest HR trends, fresh statistics, and academic and real-life best practices. She aims to spread the word about creating better employee experiences and helping others grow in their careers.

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