Nevada overtime pay law is located at Title 53, Chapter 608 of the Nevada Revised Statutes.

• NRS 608.011 "Employer" defined.
• NRS 608.0113 "Private employment" defined.
• NRS 608.0123 "Week of work" defined.
• NRS 608.0126 "Workday" defined.
• NRS 608.013 Employer to post abstract of chapter.
• NRS 608.015 Unlawful to induce employee to refrain from testifying.
• NRS 608.018 Compensation for overtime: Requirement; exceptions.
• NRS 608.115 Records of wages.
• NRS 608.290. Penalty.
• NRS 284.180 Pay plan to set official rates applicable to all positions in classified service; overtime; work week for certain firemen; innovative work weeks; existing contracts of employment.

"Employer" includes every person having control or custody of any employment, place of employment or any employee.

NRS 608.0113 "Private employment" defined.

"Private employment" means all employment other than employment under the direction, management, supervision and control of this state or any county, city or town therein, or any office or department thereof.

NRS 608.0123 "Week of work" defined.

"Week of work" means 7 consecutive periods of 24 hours which may begin on any day and at any hour of the day.

NRS 608.0126 "Workday" defined.

"Workday" means a period of 24 consecutive hours which begins when the employee begins work.

NRS 608.013 Employer to post abstract of chapter.

Every employer shall conspicuously post and keep so posted on the premises where any person is employed a printed abstract of this chapter to be furnished by the labor commissioner.

NRS 608.015 Unlawful to induce employee to refrain from testifying.

It is unlawful for any person by force, intimidation, threat of procuring dismissal from employment or in any other manner to induce or attempt to induce an employee to refrain from testifying in any investigation or proceeding relating to or arising under this chapter, or to discharge or penalize any employee for so testifying.

NRS 608.018 Compensation for overtime: Requirement; exceptions.

1. An employer shall pay one and one-half times an employee's regular wage rate whenever an employee who receives compensation for employment at a rate less than one and one-half times the minimum rate prescribed pursuant to NRS 608.250 works:

(a) More than 40 hours in any scheduled week of work; or

(b) More than 8 hours in any workday unless by mutual agreement the employee works a scheduled 10 hours per day for 4 calendar days within any scheduled week of work.

2. An employer shall pay one and one-half times an employee's regular wage rate whenever an employee who receives compensation for employment at a rate not less than one and onehalf times the minimum rate prescribed pursuant to NRS 608.250 works more than 40 hours in any scheduled week of work.

3. The provisions of subsections 1 and 2 do not apply to:

(a) Employees who are not covered by the minimum wage provisions of NRS 608.250;

(b) Outside buyers;

(c) Salesmen earning commissions in a retail business if their regular rate is more than one and one-half times the minimum wage, and more than one-half their compensation comes from commissions;

(d) Employees who are employed in bona fide executive, administrative or professional capacities;

(e) Employees covered by collective bargaining agreements which provide otherwise for overtime;

(f) Drivers, drivers' helpers, loaders and mechanics for motor carriers subject to the Motor Carrier Act of 1935, as amended;

(g) Employees of a railroad;

(h) Employees of a carrier by air;

(i) Drivers or drivers' helpers making local deliveries and paid on a trip-rate basis or other delivery payment plan;

(j) Drivers of taxicabs or limousines;

(k) Agricultural employees;

(l) Employees of business enterprises having a gross sales volume of less than $250,000 per year; and

(m) Any salesman or mechanic primarily engaged in selling or servicing automobiles, trucks or farm equipment.

(n) A mechanic or workman for any hours to which the

NRS 608.115 Records of wages.

1. Every employer shall establish and maintain records of wages for the benefit of his employees, showing for each pay period the following information for each employee:

(a) Gross wage or salary other than compensation in the form of: (1) Services; or (2) Food, housing or clothing.

(b) Deductions.

(c) Net cash wage or salary.

(d) Total hours employed in the pay period by noting the number of hours per day.

(e) Date of payment.

2. The information required by this section must be furnished to each employee within 10 days after he submits his request.

3. Records of wages must be maintained for a 2-year period following the entry of information in the record.

NRS 608.140 Assessment of attorney’s fees in action for recovery of wages.

Whenever a mechanic, artisan, miner, laborer, servant or employee shall have cause to bring suit for wages earned and due according to the terms of his employment, and shall establish by decision of the court or verdict of the jury that the amount for which he has brought suit is justly due, and that a demand has been made, in writing, at least 5 days before suit was brought, for a sum not to exceed the amount so found due, the court before which the case shall be tried shall allow to the plaintiff a reasonable attorney fee, in addition to the amount found due for wages and penalties, to be taxed as costs of suit.

NRS 608.250 Establishment by labor commissioner; exceptions; penalty.
1. Except as otherwise provided in this section, the labor commissioner shall, in accordance with federal law, establish by regulation the minimum wage which may be paid to employees in private employment within the state. The labor commissioner shall prescribe increases in the minimum wage in accordance with those prescribed by federal law, unless he determines that those increases are contrary to the public interest.
2. The provisions of subsection 1 do not apply to:

(a) Casual babysitters.
(b) Domestic service employees who reside in the household where they work.
(c) Outside salespersons whose earnings are based on commissions.
(d) Employees engaged in an agricultural pursuit for an employer who did not use more than 500 man-days of agricultural labor in any calendar quarter of the preceding calendar year.
(e) Taxicab and limousine drivers.
(f) Severely handicapped persons whose disabilities have diminished their productive capacity in a specific job and who are specified in certificates issued by the rehabilitation division of the department of employment, training and rehabilitation.

3. It is unlawful for any person to employ, cause to be employed or permit to be employed, or to contract with, cause to be contracted with or permit to be contracted with, any person for a wage less than that established by the labor commissioner pursuant to the provisions of this section.

NRS 608.260 Action by employee to recover difference between minimum wage and amount paid; limitation of action.

If any employer pays any employee a lesser amount than the minimum wage prescribed by regulation of the labor commissioner pursuant to the provisions of NRS 608.250, the employee may, at any time within 2 years, bring a civil action to recover the difference between the amount paid to the employee and the amount of the minimum wage. A contract between the employer and the employee or any acceptance of a lesser wage by the employee is not a bar to the action.

NRS 608.270. Duties of labor commissioner and district attorneys.
1. The labor commissioner shall:

(a) Administer and enforce the provisions of NRS 608.250; and

(b) Furnish the district attorney of any county or the attorney general all data and information concerning violations of the provisions of NRS 608.250, occurring in the county coming to the attention of the labor commissioner.
2. Each district attorney shall, if a complaint is made to him by the labor commissioner or by any aggrieved person, prosecute each violation of the provisions of NRS 608.250 that occurs in his county. If any such district attorney fails, neglects or refuses for 20 days to commence a prosecution for a violation of the provisions of NRS 608.250, after being furnished data and information concerning the violation, and diligently to prosecute the same to conclusion, the district attorney is guilty of a misdemeanor, and in addition thereto he must be removed from office.

NRS 608.290. Penalty.

Every person, firm, association or corporation, or any agent, servant, employee or officer of such firm, association or corporation, violating any of the provisions of NRS 608.250, is guilty of a misdemeanor.

NRS 284.180 Pay plan to set official rates applicable to all positions in classified service; overtime; work week for certain firemen; innovative work weeks; existing contracts of employment.

1. The legislature declares that since uniform salary and wage rates and classifications are necessary for an effective and efficient personnel system, the pay plan must set the official rates applicable to all positions in the classified service, but the establishment of the pay plan in no way limits the authority of the legislature relative to budgeted appropriations for salary and wage expenditures.

2. Credit for overtime work directed or approved by the head of an agency or his representative must be earned at the rate of time and one-half, except for those employees described in NRS 284.148.

3. Except as otherwise provided in subsections 4, 6, 7 and 9, overtime is considered time worked in excess of:

(a) Eight hours in 1 calendar day;

(b) Eight hours in any 16-hour period; or (c) A 40-hour week.

4. Firemen who choose and are approved for a 24-hour shift shall be deemed to work an average of 56 hours per week and 2,912 hours per year, regardless of the actual number of hours worked or on paid leave during any biweekly pay period. A fireman so assigned is entitled to receive 1/26 of his annual salary for each biweekly pay period. In addition, overtime must be considered time worked in excess of:

(a) Twenty-four hours in one scheduled shift; or

(b) Fifty-three hours average per week during one work period for those hours worked or on paid leave. The appointing authority shall designate annually the length of the work period to be used in determining the work schedules for such firemen. In addition to the regular amount paid such a fireman for the deemed average of 56 hours per week, he is entitled to payment for the hours which comprise the difference between the 56-hour average and the overtime threshold of 53 hours average at a rate which will result in the equivalent of overtime payment for those hours.

5. The director, with the approval of the commission, shall adopt regulations to carry out the provisions of subsection 4.

6. For employees who choose and are approved for a variable workday, overtime will be considered only after working 40 hours in 1 week.

7. Employees who are eligible under the Fair Labor Standards Act of 1938, 29 U.S.C. Sec. 201 et seq., to work a variable 80-hour work schedule within a biweekly pay period and who choose and are approved for such a work schedule will be considered eligible for overtime only after working 80 hours biweekly, except those eligible employees who are approved for overtime in excess of one scheduled shift of 8 or more hours per day.

8. An agency may experiment with innovative work weeks upon the approval of the head of the agency and after majority consent of the affected employees. The affected employees are eligible for overtime only after working 40 hours in a work week.

9. This section does not supersede or conflict with existing contracts of employment for employees hired to work 24 hours a day in a home setting. Any future classification in which an employee will be required to work 24 hours a day in a home setting must be approved in advance by the commission.

10. All overtime must be approved in advance by the appointing authority or his designee. No officer or employee, other than a director of a department or the chairman of a board, commission or similar body, may authorize overtime for himself. The chairman of a board, commission or similar body must approve in advance all overtime worked by members of the board, commission or similar body.

11. The budget division of the department of administration shall review all overtime worked by employees of the executive department to ensure that overtime is held to a minimum. The budget division shall report quarterly to the state board of examiners the amount of overtime worked in the quarter within the various agencies of the state.