Nevada Daily and Weekly Overtime
activeNevada requires overtime pay at 1.5 times the regular rate of pay for hours worked over 8 in a single workday if the employee is compensated at a rate less than 1.5 times the state minimum wage. Weekly overtime at 1.5 times the regular rate applies for all hours over 40 in a workweek regardless of the employee's hourly rate. The daily overtime provision is unique in that it only applies to lower-paid workers, creating a wage-based threshold for daily overtime eligibility.
Applicability
Requirements
- Daily Overtime
- Threshold Hours
- 8
- Rate Multiplier
- 1.5
- Wage Condition
- Applies only if the employee's regular rate of pay is less than 1.5 times the Nevada minimum wage.
- Description
- Hours worked in excess of 8 in a single workday must be compensated at 1.5 times the regular rate of pay, but only for employees whose hourly rate is less than 1.5 times the applicable Nevada minimum wage.
- Weekly Overtime
- Threshold Hours
- 40
- Rate Multiplier
- 1.5
- Description
- All hours worked in excess of 40 in a single workweek must be compensated at 1.5 times the employee's regular rate of pay. This applies regardless of the employee's hourly rate.
- Wage Threshold
- Multiplier
- 1.5
- Base
- Nevada minimum wage
- Description
- The daily overtime requirement applies only to employees earning less than 1.5 times the Nevada minimum wage. Employees earning at or above this threshold are subject only to weekly overtime.
- No Pyramiding
- Yes
- Pyramiding Note
- Daily and weekly overtime do not stack. An employee receives only the highest applicable overtime rate for any given hour.
Penalties
Employers who fail to pay required overtime may be liable for unpaid wages, administrative penalties, and damages. The Nevada Labor Commissioner may investigate complaints and order payment of back wages.
Statute of limitations: 2 years
Notes
Nevada's daily overtime provision is unique among U.S. states because it applies only to lower-wage workers (those earning less than 1.5 times the minimum wage). This wage-based threshold means that as the minimum wage increases, the pool of employees eligible for daily overtime may change. Employers should recalculate eligibility whenever the minimum wage is adjusted.