Employment and labor laws in Nevada [Updated 2024]

In the US, we have employment laws to protect workers from discrimination and dangers in the workplace. Employers have to be compliant with not only US federal labor regulations—like the Fair Labor Standards Act (FLSA)— but state and local laws as well. Keeping on top of the laws your employees are subject to can be difficult as they vary from jurisdiction to jurisdiction and constantly change. Employers that violate these laws face serious consequences. 

The State of Nevada’s labor laws are a mix of federal and local regulations with worker protections in many areas, including discrimination, harassment, wages, and more. If you’re hiring in the Silver State, whether in Las Vegas, Reno, or anywhere else, understanding and following Nevada’s specific labor regulations is critical. 

Want to eliminate any uncertainty when it comes to Nevada’s laws? Rippling’s Professional Employer Organization service can handle local tax registration and management, enabling you to scale your business faster. 

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

Many people use the terms employment and labor law interchangeably. While they share some similarities, the two terms are legally distinct. How do you tell the difference? It depends on who is involved. For example, if a matter concerns the relationship between an employer and an individual, it typically falls under employment law. However, if the matter is between an employer and a group of people (i.e., unions), it falls under labor law.

Here’s a closer look at what employment and labor law include:

• Employment law covers areas like hours, wages, overtime, hiring practices, workplace discrimination, and retaliation.
• Labor law is a part of employment law that includes union membership, union dues, and collective bargaining agreements.

Wages and hours in Nevada

Employers in Nevada must follow the state’s legal regulations when paying employees. This includes pay transparency legislation, minimum wage laws, and overtime requirements. 

Minimum wage in Nevada

Before July 1, 2024, the state will have a two-tier minimum wage—both tiers being higher than the federal minimum of $7.25. The Nevada minimum wage amount is based on health insurance coverage:

• If qualifying health insurance isn’t offered by the employer, the rate is $11.25 per hour.
• If qualifying health insurance is offered, the rate is $10.25.

On July 1, 2024, Nevada will introduce a single minimum wage rate of $12.00 per hour for all employees. 

When setting hourly wages for employees, Rippling automatically detects minimum wage violations based on the state regulations where they live—which is especially beneficial for ensuring compliance in Nevada, where the minimum wages are higher than the federal rate.

Overtime pay in Nevada

Sometimes, employees need to work extra hours to finish an important project or cover for a coworker. Nevada employers are required—unless otherwise exempt—to pay overtime rates in these situations. 

Overtime in Nevada is paid at 1.5 times the employee’s regular rate of pay.

Employees who make more than 1.5 times the Nevada minimum wage ($15.375 per hour for those offered health benefits and $16.875 per hour for those not offered health benefits) are eligible for overtime for hours worked over 40 hours in a workweek. 

Employees who earn less than 1.5 times the minimum wage are entitled to overtime after a 40-hour workweek and if they work more than eight hours in a 24-hour period.

To ensure compliance with Nevada’s overtime pay laws, Rippling’s payroll software automatically calculates the correct pay rates when an employee’s hours trigger overtime pay requirements.

Pay transparency in Nevada

In the not-too-distant past, discussions around compensation generally happened at the end of the hiring process rather than at the beginning. But new pay transparency laws that require employers to reveal salary ranges are picking up steam across the US and globally. These laws aim to help prevent wage disparities based on factors like race, gender, and age. In short, equal pay for equal work. 

Nevada’s pay transparency law, Senate Bill 293, applies to all employers in the state. It came into effect October 1, 2021, and requires employers to provide salary information to applicants. At the same time, it places restrictions on asking applicants about their salary or wage history and using that information to determine compensation. Employers who violate these laws may be the subject of civil action, and the Labor Commission can impose fines of $5,000 per violation, plus investigation and legal costs. 

Rippling applies compensation bands during onboarding and identifies out-of-band adjustments, so you can give the green light for special cases and block others as needed.

Breaks and rest periods in Nevada

Employers in Nevada must provide non-exempt employees with breaks for meals and rest. The length of the rest period is determined by the number of hours worked.

• Under Nevada law, employers must provide a minimum 30-minute meal break if an employee works more than eight continuous hours.
• Unless exempt (i.e., working alone), an employee who works at least 3.5 hours is allowed:
• One paid 10-minute break for working 3.5 to less than seven continuous hours
• Two paid 10-minute breaks for working 7 to less than 11 continuous hours
• Three paid 10-minute breaks for working 11 to less than 15 continuous hours
• Four paid 10-minute breaks for working 15 to less than 19 continuous hours

Note that an unpaid lunch break is not considered when calculating the number of hours worked. Employees may choose to forgo breaks and meal periods, but the employer must show proof of an agreement with the employee. Breaks for employees under collective agreements are covered by their contracts.

Leaves of absence in Nevada

Employees sometimes need to take time off to deal with personal matters. This could be to take care of a loved one, undergo medical treatment, or recover from an illness. During these times, employees shouldn’t be worried about work, which is why US and state laws give employees the right to take protected leaves of absence. 

The federal Family and Medical Leave Act (FMLA) applies to Nevada businesses with 50 or more employees and provides eligible employees with unpaid, job-protected leave under certain circumstances. 

For FMLA eligibility, an employee must:

• Be employed by a covered employer
• Have worked at least 1,250 hours during the 12 months leading up to their leave date 
• Work at a location where the employer has 50 or more workers within 75 miles 
• Have worked for the employer for 12 months, although this doesn’t have to be consecutive

Once these requirements are met, employees have the right to take 12 weeks of unpaid leave a year. This leave can be used: 

• To take medical leave when the employee can’t work because of a serious health condition
• To help care for an immediate family member with a serious health condition
• For the birth, adoption, or foster care placement of a child
• For qualifying military reasons

Upon the conclusion of FMLA leave, employees are entitled to reinstatement in either the same or a comparable position.

Jury duty leave

Under Nevada law, employees must be permitted to take unpaid leave for jury duty. Employers can’t penalize employees for being absent from work to serve on a jury.

Military leave

Employers must comply with federal and state laws regarding military leave. Generally, this type of leave is unpaid but can be paid in some cases. The amount of time varies depending on which laws apply and the service branch.

Voting leave

Employees are entitled to paid time off to vote if they don’t have sufficient time outside of their work hours. The length of the leave ranges from one to three hours, depending on the distance from the employee’s polling place. 

Leave for school-related activities in Nevada

Employees of eligible businesses who are parents, guardians, or custodians of a child attending public school are entitled to four hours of unpaid leave each school year for school-related activities like parent-teacher conferences and events. The employer and employee must agree to the leave. 

Pregnancy disability leave in Nevada

Nevada doesn’t have its own pregnancy disability leave; however, unpaid leave is available through the FMLA. Additional employee protections exist under the Nevada Pregnant Workers’ Fairness Act and the federal Pregnancy Discrimination Act.

Domestic violence leave 

Employers are required to give workers who have been employed for at least 90 days up to 160 hours of unpaid leave (within each 12-month period) for acts of domestic violence against them or a close family member. This leave may be taken for a number of reasons, including treatment, counseling, and attending court.

Paid sick leave in Nevada

If an employee is working for an employer with 50 or more employees, they are entitled to paid leave. Employees accrue 0.01923 hours of leave for every hour worked. Employees may take paid sick leave after 90 days of employment and aren’t required to give a specific reason for the leave.

With Rippling, you can customize and automate your leave policy—and maintain full visibility into how employees use it.

Workplace safety in Nevada

Workplace safety is serious business. Employers are responsible for maintaining a safe working environment for their employees by providing them with safe equipment, proper training on safety procedures, and establishing company safety policies.

In the US, federal laws protect workers from unsafe conditions. In Nevada, employers must comply with all health and safety regulations covered by the Nevada Occupational Safety and Health Act (which includes federal OSHA regulations) and Occupational Safety and Health Standards and Regulations. Nevada OSHA enforces these regulations and is authorized to inspect workplaces and issue citations for non-compliance. The Safety Consultation and Training Section (SCATS), part of Nevada's Division of Industrial Relations, provides free training for Nevada businesses. 

Nevada OSHA has several unique standards in different areas, including: 

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

Nevada OSHA requires a Written Workplace Safety Program (WWSP), similar to Injury and Illness Prevention Programs (IIPP) found in other states. It identifies hazards in the workplace and helps develop policies and procedures for creating and maintaining a healthy work environment.

Rippling PEO offers a convenient pay-as-you-go workers’ comp plan that doesn’t require you to pay upfront for the entire year. Scale your business stress-free in Nevada and elsewhere in the US.

Discrimination and harassment laws in Nevada

Both federal and state legislation provide legal protections against discrimination and harassment in Nevada. The Nevada Equal Rights Commission (NERC) enforces state regulations (Employment Practices NRS 613.330), which are similar to the federal Civil Rights Act (Title VII). Under NRS 613.330, it’s illegal for employers to discriminate against or harass employees based on:

• Race/color
• National origin
• Religion
• Age (40 years of age and over)
• Disability 
• Sex/gender
• Pregnancy
• Sexual orientation
• Gender identity or expression

Employers must comply with anti-discrimination laws for the entire employment relationship, including hiring, pay, promotions, terminations, and more. For example, an employer can’t fire someone based on race or national origin or pay employees different salaries based on disability or gender identity.

Under both federal and state laws, harassment of a protected class is considered to be discrimination and is illegal. Unwelcome behavior towards an employee based on the above characteristics is harassment. This can include offensive jokes, insults, slurs, physical or sexual assaults, verbal threats, inappropriate photos or objects, and other behavior that impedes an employee’s performance and well-being in the place of employment. 

Another example of harassment is when a worker must endure an offensive environment as part of their job. This can be tricky to define. There’s a big difference between minor annoyances like a one-off joke and harassment. Generally speaking, offensive conduct becomes illegal when it becomes extreme enough to result in a hostile workplace. 

Training requirements for sexual harassment differ by state. In Nevada, private employers aren’t required to provide sexual harassment training. However, it’s in the employer’s best interest to offer training anyway. Rippling’s Learning Management System is pre-loaded with core sexual harassment training courses to make sure employees gain awareness of sexual harassment and meet state requirements based on their location.

In Nevada and across the US, employers aren’t only liable for the discrimination and harassment they commit; they’re also responsible for the conduct of their employees, whether they were aware of it or not. Workplace discrimination and harassment are taken seriously in Nevada, with penalties and fines for employers found liable. 

Unions in Nevada

Labor unions are formed when a group of employees work together—or “act collectively” to improve their working conditions. This can include increased wages, additional time off, and better benefits. The National Labor Relations Act (NLRA) guarantees workers the right to:

• Organize or join a union to negotiate with their employer.
• Bargain collectively by selecting employee representatives for an agreement setting work conditions. 
• Discuss employment terms and conditions with fellow workers.
• Take action to improve conditions at work by filing complaints with their employer or the government or seeking assistance from a union.
• Strike and picket, depending on the grounds.
• Abstain from joining a union.

Under the NLRA, unions can’t threaten employees with losing their jobs or take any negative measures against them if they don’t support the union. Likewise, employers can’t prohibit, discourage, bribe, fire, demote, or threaten employees who want to support a union.

Some states have union-related legislation, like “right-to-work” laws. These laws prohibit employers from mandating their employees join a union as a condition of their employment. Nevada is a right-to-work state, meaning employers can’t retaliate if an employee chooses not to join a union. 

FAQs about Nevada labor and employment laws

Are independent contractors covered under Nevada employment laws?

Generally speaking, independent contractors aren’t covered under Nevada’s employment laws. This means they’re not subject to minimum wage laws and must pay their own taxes. However, employers need to make sure that they classify workers correctly. Failing to do so can result in stiff fines and penalties. Our analyzer tool can assist in ensuring that you’re classifying your workers correctly and complying with Nevada’s employment regulations. 

Does at-will employment exist in Nevada?

Yes. Nevada is an employment-at-will state. This means that an employer may terminate an employee, or an employee may quit without warning, at any time, for any reason. Some exemptions include breach of employment contract, discrimination, and whistleblowing. 

What privacy rights do employees have in Nevada?

Federal and state laws cover employee privacy rights in Nevada. Federal law protects medical information, and Nevada law requires the safeguarding and proper disposal of private employee information. Employers can’t ask employees for access to their social media accounts or record phone calls without both parties’ consent.

Are background checks legal in Nevada?

Employers in Nevada can run background checks on job applicants and employees with their consent, but there are restrictions on what employers can ask and when. Nevada is a “ban the box” state, but this only prohibits public employers from asking about an applicant's criminal history during the initial application process. 

Are whistleblowers protected in Nevada?

Nevada has several protections for whistleblowers. Nevada OSHA’s Whistleblower Protection Program covers OSHA complaints. The Nevada False Claims Act protects from employment retaliation for whistleblowing. 

Is workers’ compensation coverage required in Nevada?

Yes. All employers with one or more eligible employees must provide workers’ compensation coverage. This covers employees who experience a work-related illness or injury. Failure to comply can result in fines of up to $15,000 and a premium penalty for the time a worker was uninsured. Additionally, the employer will be held financially responsible for all costs resulting from the uninsured claim and could face criminal prosecution. 

Are there required healthcare benefits in Nevada?

Yes. Under the ​​Affordable Care Act (ACA), businesses that employ more than 50 full-time workers are required to provide health insurance benefits. 

Are Nevada employers required to provide bereavement leave?

No, Nevada employers aren’t legally required to offer bereavement leave following the death of a family member. However, employers may opt to provide bereavement leave as company policy or to show goodwill.

What employee protections are available in Nevada if layoffs occur?

Businesses covered under the federal Worker Adjustment and Retraining Notification (WARN) Act must give employees a 60-day notice before being laid off.

Disclaimer: Rippling and its affiliates do not provide tax, legal, or accounting advice. This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for tax, accounting, or legal advice. You should consult your own tax, legal, and accounting advisors before engaging in any related activities or transactions.