(650) 332-8623Nevada Break Laws: Meals, Rests, and More (2025)
In this guide, you’ll learn about Nevada break laws, who they apply to, and how to stay compliant in 2025.
Understanding Nevada Break Laws
Meal Breaks
Laws in Nevada Governing Meal Breaks
Among the Nevada labor laws, the break laws ensure all employees have designated periods for meals.
The Nevada Revised Statutes section 608.019 provides specific guidelines for employee meal breaks. It stipulates:
“Pursuant to Nevada Revised Statutes section 608.019, an employer must provide a minimum of a 30-minute uninterrupted meal period, for a continuous eight hours of work.”
Rest Breaks
Laws in Nevada Governing Rest Breaks
As stipulated in the Nevada Revised Statutes section 608.019, Nevada employers must provide a rest period to employees for every four hours of work.
The Nevada Administrative Code Section 608.145 stipulates that an employee who works at least 3 ½ continuous hours and less than seven continuous hours is permitted one 10-minute rest break.
They are also permitted to have the following:
- Two 10-minute rest breaks if they work at least seven continuous hours and less than 11 continuous hours.
- Three 10-minute rest breaks if they work at least 11 continuous hours and less than 15 continuous hours; or
- Four 10-minute rest breaks if they work at least 15 continuous hours and less than 19 continuous hours.
The time an employee spends on an unpaid lunch break is excluded when calculating their total work hours for the purpose of determining how many 10-minute rest breaks they are entitled to.
For example, for an employee who works eight hours on their shift but takes a 30-minute unpaid lunch break, the total hours counted as “worked” would be 7.5. In short, unpaid meal breaks don’t contribute to the countable work hours used for determining rest break entitlements.
Employees can skip a rest or meal break if they choose to. However, if there are disputes or questions about whether or not they voluntarily decided to skip their break, the employer must be able to prove that an agreement existed.
This agreement should ideally be documented in writing or via other clear evidence in case the employee or labor authorities request it. Employers cannot simply assume that employees agreed to skip breaks.
This rule protects employees from being pressured to forgo breaks without consent.
What's the Difference?
Meal Breaks vs. Rest Breaks in Nevada
Nevada meal and rest breaks tend to focus on the duration, when it is required, whether it’s paid or unpaid, and whether it can be waived.
Nevada meal and rest breaks tend to focus on the duration, when they are required, whether they are paid or unpaid, and whether they can be waived.
Employees working on a shift of 8+ continuous hours are required to take one unpaid 30-minute meal break unless they are required to work during their meal break, which then becomes paid.
Meal breaks are flexible, but employees can take them typically around the midpoint of their shifts.
Should they decide not to take their meal break, employers must be able to prove the agreement or voluntary waiver if questioned.
Rest breaks in Nevada are paid and considered part of an employee’s work hours. Employees can have 10-minute rest breaks, the frequency of which depends on their work hours. It’s also taken in the middle of the work period. Employees have the option to skip their rest breaks as well.
Exemptions
What Type of Workers are Exempt from Nevada's Break Laws?
The following types of workers are typically exempt from Nevada break requirements:
Exempt Salaried Employees
Nevada law does not impose the same rest and meal break mandates on exempt employees as it does on non-exempt employees. This exemption is based on their Fair Labor Standards Act (FLSA) classification and covers salaried employees in specific computer-related, administrative, executive, and professional roles.
Exempt employees usually enjoy more autonomy and flexibility in managing their work schedules, so strict meal and rest break requirements are less common.
However, while they aren’t legally required to receive these breaks, employers in Nevada still provide them as part of general company policy.
Unionized Workers Under Collective Bargaining Agreements
If a unionized employee’s collective bargaining agreement provides alternative break arrangements, those terms may override state break laws.
Workers in Service-Oriented Roles
Employees such as personal care providers (e.g., nurses and aides in 24-hour care facilities) may have adjusted or waived break requirements due to the nature of the job and industry standards.
Agricultural and Domestic Workers
Depending on specific employment conditions, farm workers, ranch hands, and certain domestic workers may also be exempt from Nevada’s break laws.
Independent Contractors
Independent contractors are generally not subject to Nevada break laws since they are not considered employees.
Businesses with only one employee are also exempt from Nevada break laws.
The Office of the Nevada Labor Commissioner may grant an exemption for employers who seek an exemption and can provide sufficient evidence that their business demands make it impossible to meet the stipulated break requirements.
Differences Between NV and Federal Break Laws
Federal law does not mandate rest breaks, but it does specify that “bona fide” meal breaks are not counted as working time and do not require compensation if the employee is fully relieved of all duties.
The U.S. Department of Labor outlines two primary regulations on meals and breaks:
- Rest Breaks: 29 CFR 785.18
- Meal Breaks: 29 CFR 785.19
Understanding Nevada’s break laws is essential for compliance, as these laws are often more stringent and carry heavier penalties than federal labor standards.
Track every meal and rest break and stay compliant with Workyard
See how it works
Other Types of Breaks for Workers in Nevada
Like adult employees, minor employees in Nevada are entitled to the same meal and rest breaks. For every eight hours of work, they must have at least 30 minutes of unpaid meal period. They should also receive at least 10 minutes of rest period for every four hours worked.
Nevada break laws provide pregnant or nursing employees with reasonable break times and other accommodations:
Employers in Nevada provide longer and more flexible breaks for pregnant employees for eating, drinking, resting, or using the ladies room.
Nursing employees with a child under one-year-old are entitled to lactating breaks, which can be paid or unpaid. They must also be provided a clean and private space for breast milk expression.
Employers should also provide other reasonable accommodations for pregnancy, childbirth, and other related medical conditions such as:
- Light duty work
- Revising break schedules and modifying work schedules
- Assisting with manual labor
- Temporary transfers or position restructuring
- Different seating or equipment modification
Recordkeeping Requirements for Breaks in Nevada
Nevada employers must maintain accurate records of employee breaks and records of employees’ gross and net wages, total hours worked, deductions, and payment dates for at least seven years.
The State of Nevada keeps information regarding each employee in paper, electronic, or both formats as required by law.
Nevada Penalties for Meal and Break Violations
Premium Pay PenaltyBreak Violations
Employers who violate break requirements in Nevada can be penalized with a premium pay penalty. Employees may be entitled to one hour of pay at their regular rate if an employer doesn’t provide a required meal or rest break.
Up to $5,000Lactation Breaks
The Nevada Labor Commissioner may issue a civil penalty of up to $5,000 for every violation and recover related costs from the proceeding, including investigative expenses and attorney’s fees.
Misconceptions About Meals and Breaks in NV
Many believe all employees are guaranteed rest and meal breaks under Nevada law.
Breaks are only mandated for non-exempt employees, including hourly paid blue-collar workers and salaried employees earning not more than $844 per week (or $1,128 per week, starting January 1, 2025).
Many people assume federal law mandates rest breaks for all employees in Nevada.
Federal law does not require rest breaks, leaving it up to states to set regulations. Nevada mandates rest and meal breaks for non-exempt employees, but the federal Fair Labor Standards Act (FLSA) does not.
In Nevada, all meal and rest breaks must be paid.
Meal breaks in Nevada don’t have to be paid if the employee is entirely relieved of duties during the break.
Nevada employees can forgo their rest breaks or take them with meal breaks, as long as there’s mutual agreement between employee and employer.
In Nevada, rest breaks cannot be combined with meal breaks or skipped, even if both parties agree, as it would violate state labor regulations.
Stay on top of Nevada’s meal and break laws and ensure compliance with Workyard
See how it works
Employees: Know Your Rights to Meals and Breaks in Nevada
-
Non-exempt employees in Nevada must have a 10-minute break for every four hours worked or any period over two hours. These breaks should be provided as close to the middle of each work period as possible.
-
If working longer than eight continuous hours, employees should have an unpaid 30-minute meal break. They should also be relieved of all duties while taking this meal break.
-
Employees in Nevada have the right to uninterrupted breaks. Any interruption means the break must be compensated.
-
Nevada employers cannot retaliate against employees for taking their legally mandated breaks. Employees should be able to take meal and rest breaks without fear of penalty, discipline, or reduction of work hours.
-
Employees can file a complaint with the Nevada Labor Commissioner or seek legal recourse for meal or rest break violations.
Employer Obligations for Meals and Breaks in Nevada
Employer obligations for meals and breaks in Nevada include:
- Providing non-exempt employees with unpaid but uninterrupted 30-minute meal breaks and paid 10-minute rest breaks by Nevada labor laws
- Keeping accurate meal break records for compliance purposes
Employers must correctly classify employees to ensure compliance with Nevada break laws. Specific exempt roles or industries may have different requirements, but the employer must ensure all classifications are accurate and any special provisions are followed.
Employers should also ensure employees know their rights to meal and rest breaks, including the timing and duration of these breaks. This includes training managers and supervisors to understand and enforce break policies correctly.
If there’s a break violation, like a missed or interrupted break, employers should compensate employees appropriately and take steps to prevent future violations. This might involve additional training or revising scheduling practices.
Benefits to Employees
Regular breaks allow employees to recharge, reduce fatigue, and increase their focus and better decision-making when they return to work. This boost in productivity leads to higher-quality work and greater efficiency. It also helps prevent burnout by allowing employees to relax and decompress.
Employees who receive their entitled breaks feel valued and respected. When employers prioritize their well-being, they are more motivated and engaged, leading to a positive and committed workforce.
Regular breaks contribute to better physical and mental health, reducing absenteeism, even reducing tardiness, due to health-related issues. A healthier workforce means fewer disruptions and greater consistency in productivity.
Adequate rest also prevents fatigue-related mistakes, reducing the risk of accidents and errors, especially in physically demanding or detail-oriented roles. This leads to a safer, more dependable work environment for everyone.
Benefits to Employers
When employees take their required breaks, they return refreshed and focused. This helps prevent fatigue-related slowdowns and workplace accidents, allowing for higher productivity, more efficient task completion, and safer work environments, which directly benefits business output.
Well-rested and satisfied employees are more attentive and responsive to customer needs. This improvement in service quality can result in higher customer satisfaction and positive word-of-mouth, boosting profitability.
Adequate breaks reduce fatigue, a leading cause of workplace accidents, especially in industries requiring physical labor or high attention to detail. Fewer accidents mean lower liability costs, fewer workers’ compensation claims, and a safer, more stable work environment.
Looking for other state-specific labor and break laws? Check out these guides:
The Bottom Line on Nevada Meal and Break Laws
Nevada’s break laws safeguard employee well-being while promoting a fair and productive workplace. Adhering to these regulations also demonstrates a business’s commitment to employee rights while boosting productivity, improving morale, and building a stronger company reputation.
Moreover, compliance with these meal and rest breaks helps prevent costly penalties and potential legal challenges, making it a smart strategy for companies that want to maximize profitability and maintain a positive work environment.
Tracking meal and rest breaks can be complex, though, especially for businesses managing large teams or dispersed workforces. But it doesn’t have to be if you have the right time tracking software: Workyard.
With its advanced compliance features, Workyard’s time-tracking solution automates break tracking, ensuring your business fully complies with Nevada’s break laws. Rest and meal break adherence can easily be viewed and verified while integrating with payroll, reducing administrative time and ensuring accurate, legally compliant records.
Workyard’s GPS-powered tracking and robust reporting features provide a transparent, efficient solution to managing employee time and compliance.
So, don’t let compliance complexities weigh down your business. Choose Workyard to streamline time tracking, safeguard compliance, and create a fair, productive workplace where employees and the company thrive.
Start your free trial with Workyard today and take the first step toward a more efficient, compliant workplace.
In Nevada, employees working an 8-hour shift are entitled to the following breaks:
- Two 10-minute paid rest breaks: These are provided for every four hours worked.
- One 30-minute unpaid meal break: This meal break must be taken after the first five hours of work.
Thus, during an 8-hour shift, an employee will receive a total of three breaks: two rest breaks and one meal break.
In Nevada, it is not illegal for an employee to choose not to take their mandated lunch break. However, employers are required by law to provide a 30-minute meal break for employees who work eight or more continuous hours.
According to Nevada law, employees can voluntarily waive this break. But such an agreement must be documented in writing between the employer and the employee.
Mandatory Meal Break: Employers must provide a 30-minute unpaid meal break for shifts of eight hours or more.
Voluntary Waiver: Employees can opt out of taking this meal break, but they must do so in writing.
Employer Obligations: Employers cannot force employees to work through their breaks without compensation. If an employee works during their scheduled meal break, that time must be paid.
Thus, while employees can skip their lunch break if they choose, employers must fulfill their obligation to offer it.
If an employee in Nevada voluntarily skips their required lunch break, several implications arise:
Waiver of Break Rights
Employees can choose to waive their 30-minute meal break if they work a shift of eight hours or more. However, this waiver must be documented in writing between the employer and the employee. Without such documentation, the employer is still obligated to provide the meal break.
Compensation for Missed Breaks
If an employee works through their scheduled meal break without a valid waiver, they may be entitled to premium pay. This means that if the employer fails to provide the required meal break, the employee can claim one hour of pay at their regular rate for that workday as compensation for the missed break.
Employer’s Responsibility
Employers are required to inform employees about their rights regarding meal breaks and ensure that any waivers are properly documented. If an employee voluntarily skips their break and does not have a written waiver, the employer may still face penalties for failing to provide the required break.
Impact on Work Hours
If an employee skips their meal break and continues to work, they might end up working longer hours without a formal agreement, which could lead to overtime considerations depending on company policy and state laws regarding overtime pay.
While it is legal for employees in Nevada to skip their lunch break if they choose, doing so should be documented properly to avoid potential complications regarding compensation and employer obligations.
Employers must ensure compliance with state laws regarding breaks to avoid penalties or legal issues.
In Nevada, employees working a 6-hour shift are entitled to the following breaks:
One 10-minute paid rest break: Employees must receive this break during their shift, ideally in the middle of the work period.
No mandatory meal break: For shifts shorter than 8 hours, there is no legal requirement for a meal break. However, if an employee works longer than 6 hours and the employer chooses to provide a meal break, it must be at least 30 minutes and would typically be unpaid.
