How Many Days in a Row Can You Work in Nevada
Employees who piece of work overtime in the state of Nevada may be entitled to ane½ times their standard hourly wage if they work:
- more than 40 hours a calendar week, or
- more 8 hours in a day (if they ordinarily earn less than 1½ times the Nevada minimum wage)
In full general, blue-collar workers are eligible for this "time and a half" overtime pay while white-collar workers are frequently not. Other professions that are exempt from getting "time and a half" overtime pay include:
- Certain employees of transportation companies
- Automobile salespeople and mechanics
- Farmworkers
- Employees of businesses with a gross sales volume of less than $250,000 annually
- Sure employees in a retail or service business organisation
Employees who are owed overtime pay may be able to resolve the matter privately with the employer. Otherwise, they may consider filing a wage and hour claim with the Nevada Office of the Labor Commissioner and/or bringing an overtime lawsuit in ceremonious court.
In this commodity, our Las Vegas Nevada employment law attorneys talk over:
- ane. Overtime pay wage laws
- ii. Workers not entitled to overtime pay
- 3. Bringing a claim for overtime pay
Many workers in Nevada are entitled to "time and a one-half" overtime pay for working more than forty hours a week.
1. Overtime pay wage laws in Nevada
In general, Nevada employers are required to pay employees for every hour they work.1 If an employee works more than than 40 hours a week, the overtime rate is one and a half times the employee'due south regular rate — called "time and a half" pay.2
Example: January gets $12 an hour every bit a restaurant hostess. One calendar week she works 41 hours. Since she worked one hour of overtime, her boss should pay her 1.5 times her hourly bacon for that actress hr ($18).
Nevada'southward overtime requirements are that employers to pay a charge per unit of 1.v times the employee's regular rate if:
- the employee works more than than viii hours in a workday, and
- the employee's regular pay rate is less than one.5 times Nevada'south minimum wage charge per unit three
Example: Mark is hired to work for one day as a temp at a factory. His wage is $xx an hour. That day he ends upwards working nine hours, so he is entitled to an hr of overtime wages for that day. But since Marking's wage of $20 an 60 minutes is in excess of ane.v times Nevada'south minimum wage in Nevada, his daily overtime rate is the same as his regular rate: $20 an hour.
Refer to this table for current Nevada minimum wage and "time and a half" overtime rates:
| Minimum wage in Nevada | Time and a one-half wage in Nevada |
| $nine.75 (without health care) | $fourteen.63 (without health care) |
| $8.75 (with health care) | $13.13 (with health care) |
Notation that employees who concur to work four 10-60 minutes shifts are not entitled to "time and a one-half" overtime wages pay even though they worked more than than 8 hours a 24-hour flow.
Finally, notation that employees who work 40 hours a week or less are mostly non entitled to "time and a half" overtime pay, even if they worked on weekends or holidays.4
Nevada minimum wage is scheduled to increase until it reaches $12 for jobs with no health insurance and $11 for jobs with health insurance, by 2024. (Nevada Associates Bill 456 (2019).)
2. Workers not entitled to overtime pay in Nevada
Not all employees are entitled to "time and a half" overtime pay nether Nevada overtime laws. Ten examples of employees who are exempt from Nevada'southward "time and a half" laws include:
- Professional, administrative, or executive employees
- Employees covered by a collective bargaining agreement which provides for overtime
- Railroad or airline employees
- Certain motor carrier employees, including drivers, loaders, and mechanics
- Taxi, limo, or commitment drivers
- Car salespeople and mechanics
- Farmworkers
- Employees of businesses with a gross sales volume of less than a quarter 1000000 dollars annually
- Domestic servants who live where they work and hold in writing to forgo overtime pay
- Employees in a retail or service business if:
-
- their regular rate is more than than i.5 times the minimum wage, and
- more than half their compensation comes from commissionv
The broadest category of "overtime exemption" workers is "professional, authoritative, or executive employees." Examples of these types of employees who are not entitled to "time and a half" overtime nether Nevada law includes:
- medical doctors
- lawyers
- architects
- teachers
- secretaries
Certainly, whether a chore qualifies as "executive, professional, or administrative" may non exist obvious. "Blueish collar workers" and manual laborers by and large practise not authorize as "executive, professional, or administrative" and therefore are entitled to "time and a half" pay under overtime rules. Mutual examples of these overtime-eligible professions are:
- carpenters,
- electricians,
- mechanics,
- plumbers,
- fe workers,
- craftsmen,
- operating engineers,
- longshoremen,
- construction workers
- police officers,
- detectives,
- deputy sheriffs,
- state troopers,
- highway patrol officers,
- investigators,
- inspectors,
- correctional officers,
- parole or probation officers,
- park rangers,
- paramedics,
- emergency medical technicians,
- ambulance personnel, rescue workers,
- hazardous materials workers, and
- firefighters
Note that the higher up-listed employees are entitled to "time and a half" overtime pay even if they make substantial salaries or accept a loftier rank.
Also notation that employees may contract with their employers to make their own agreements regarding overtime pay that is different than Nevada police. As long every bit the contract is legal, so it should take precedence over Nevada'due south overtime laws. 6
Acquire almost the misclassification of employees every bit independent contractors in Nevada and the misclassification of non-exempt employees as exempt in Nevada.
three. Bringing a claim for overtime pay in Nevada
Workers who were not paid proper overtime wages can file a claim with the Nevada Office of the Labor Commissioner. Yet, the worker first has to make a "good religion attempt" to attempt to settle the matter with the employer. This may include having a meeting and/or writing a alphabetic character.seven
If the employer refuses to pay, so the employee may submit a claim for wages form online. Employers are encouraged to adhere equally many supporting files equally possible, including:
- time logs,
- check stubs, and
- receipts
Claimants should also include the names and contact information of whatever witnesses that can attest to the claimant working overtime.
The Labor Commissioner may then hold a hearing, which is similar to a mini-trial. The Labor Commissioner may too hand down bounden decisions that could be upheld and enforced in state courtroom.
Note that workers have the pick of suing employers in courtroom instead of filing a merits with the Labor Commissioner. Depending on the case, it may exist more price-effective and quick to rely on the Labor Commissioner instead of the courts. An employment law attorney can aid the worker decide which route would exist best for his/her situation.8
Call our labor law firm for help. We offer free consultations.
Work in California? Run across our article on California overtime laws.
Legal References
Source: https://www.shouselaw.com/nv/labor/wage-and-hour/overtime/
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