(650) 332-8623Nevada Overtime Law: Your Guide to Rates, Statutes, Calculations, and More (2025)
This guide covers everything you need to know about Nevada overtime laws, including rates, thresholds, key statutes, and more.
1.5x
Nevada's Primary Overtime Pay Rate
In Nevada, the standard overtime pay rate is 1.5x the employee’s regular rate of pay, commonly known as “time and a half.” This rate applies to overtime hours worked by non-exempt employees.
8 Hours / Day
Threshold to Receive Overtime in Nevada
Under federal and state law, overtime is generally required after 8 hours in a workday or 40 hours in a workweek.
If an eligible employee works more than 40 hours a week, each hour beyond 40 must be paid at least 1.5 times their regular pay rate.
NRS § 608.018
The Main Overtime Statute(s) in Nevada
The primary statute governing overtime pay in Nevada is Nevada Revised Statutes (NRS) § 608.018 (Compensation for overtime: Requirement; exceptions.), which mandates that employers pay 1.5 times an employee’s regular wage rate when the employee works:
- More than 40 hours in a scheduled workweek; or
- More than 8 hours in a scheduled workday (unless, by mutual agreement, the employee is scheduled to work 10 hours per workday for four calendar days within a scheduled workweek
OLC
The Office of the Labor Commissioner is Responsible for Enforcing Overtime Laws in Nevada
The Office of the Labor Commissioner (OLC) is the primary agency responsible for enforcing overtime laws in Nevada.
As Nevada’s principal wage and hour regulatory body, the OLC ensures compliance with labor laws, including overtime pay, minimum wage, and employee rest periods.
The OLC investigates employee complaints, resolves wage disputes, and takes enforcement actions against employers who violate labor regulations.
How to Calculate Overtime Pay in Nevada
To calculate overtime, simply multiply the employee’s hourly rate by 1.5 for every overtime hour worked.
For example, if an employee earning $15 per hour worked 45 hours in a week, the regular rate is paid for the first 40 hours ($15 × 40 = $600). The extra 5 hours are paid at time and a half ($15 × 1.5 = $22.50 per hour). That means their overtime pay is $22.50 × 5 = $112.50, bringing their total earnings for the week to $712.50.
Nevada also has a daily overtime rule for employees who earn less than $18 per hour. If someone in this category works more than 8 hours in a single 24-hour period, they must be paid overtime for the extra hours.
For instance, an employee earning $14 per hour who works a 10-hour shift would be paid for the first 8 hours ($14 × 8 = $112) but would earn overtime for the extra 2 hours ($14 × 1.5 = $21 per hour, so $21 × 2 = $42 in overtime pay). Their total pay for the day would be $154.
For tipped employees, Nevada law does not allow employers to count tips toward wages. They should receive at least minimum wage ($12 per hour in 2024) before tips. Overtime is calculated based on this full hourly wage, not a lower tipped wage.
If a tipped worker earning $12 per hour worked 45 hours in a week, their overtime rate is $18 per hour ($12 × 1.5), and they would receive $570 for the week before tips ($480 for 40 hours + $90 for 5 overtime hours).
Some employees, such as those working a four 10-hour day schedule (4×10 workweek), may not receive daily overtime as long as they do not exceed 40 hours in a week.
Certain commissioned employees and salaried professionals may also be exempt from overtime under Nevada law.
Overall, overtime in Nevada is straightforward: work more than 40 hours in a week or (if earning under $18/hour) more than 8 hours in a day, and you’re entitled to extra pay at 1.5× your regular rate.
Who's Eligible For Overtime Pay in Nevada?
If you’re paid an hourly wage, you’re generally eligible for overtime unless you fall under an exemption.
If your hourly wage is below $18/hour, you must be paid overtime if you work more than 8 hours in a 24-hour period or more than 40 hours in a week.
Some salaried workers qualify for overtime. If your weekly salary divided by 40 hours equals an hourly wage of less than 1.5x the minimum wage, you may be entitled to overtime pay.
Nevada does not allow tip credits, meaning all tipped employees must be paid at least minimum wage ($12/hour) before tips, and they qualify for overtime under the same rules as hourly workers.
If you work in retail or a service business but earn less than 1.5x the minimum wage ($18/hour) and your commissions do not make up more than half of your income, you are eligible for overtime.
If you are in a management role, an administrative position requiring independent judgment, or a professional job requiring advanced education, and you earn above the salary threshold, you may be exempt from overtime.
Nevada law follows both state and federal exemptions, meaning some workers are not entitled to overtime pay, even if they work more than 40 hours in a week.
Common exemptions include:
- Commissioned employees in retail or service jobs
- Truck drivers, delivery drivers, mechanics, or loaders covered by the Federal Motor Carrier Act
- Farm workers and agricultural employees
- Small business employees (with employer’s total sales volume under $250k per year)
- Certain automotive salespeople and mechanics
- Live-in domestic workers (nannies, caregivers)
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NV vs. Federal Overtime Laws Compared
8 Hours / dayNevada Overtime Threshold
Employees are eligible for overtime pay for any hours worked beyond 8 hours in a 24-hour period. This rule applies to any 24-hour period, not just a calendar day.
If an employee finishes work late at night and returns for another shift early the next day, their hours may still count toward the 24-hour overtime rule.
This daily overtime rule helps protect lower-wage workers from excessively long shifts without extra pay, ensuring they receive fair compensation for extended workdays.
40 Hours /weekFederal Overtime Threshold
Under the federal Fair Labor Standards Act (FLSA), all non-exempt employees are entitled to overtime pay for all hours worked in excess of 40 per workweek.
For the FLSA’s purposes, a “workweek” is defined as a fixed and regularly-occurring period of 168 hours, or seven consecutive 24-hour days. These workweeks may be set for any seven-day stretch and do not need to correspond to or coincide with ordinary calendar weeks.
1.5xNevada Overtime Rate
The overtime threshold in Nevada determines when employees are entitled to overtime pay, calculated at 1.5x their regular hourly rate.
This means that starting from the 41st hour, every additional hour must be compensated at 1.5 times the employee’s regular hourly pay.
1.5xFederal Overtime Rate
The FLSA stipulates overtime rates of 1.5 times an employee’s regular rate of pay. There are no additional or higher rates for working more hours or for specified professions.
$43,888 / yearNevada Overtime Threshold for Salaried Employees
In Nevada, salaried employees’ eligibility for overtime pay is determined by their job duties and salary level. As of July 1, 2024, this salary threshold is $844 per week, or $43,888 annually.
$58,656 / yearFederal Overtime Threshold for Salaried Employees
Starting January 1, 2025, the federal wage threshold exempting roles from overtime pay is set at $1,128 per week, equivalent to $58,656 per year.
The FLSA also stipulates special thresholds for salaried employees in certain territories as well, with much lower thresholds (between $380 and $455 per week) for Puerto Rico, Guam, the U.S. Virgin Islands, the Northern Mariana Islands, and American Samoa.
NevadaRoles Exempt from Overtime
In alignment with state and federal regulations, Nevada law exempts certain categories of employees from overtime pay requirements.
- Executive, administrative, and professional employees
- Commissioned employees in retail or service jobs
- Transportation industry workers covered under the Federal Motor Carrier Act
- Agricultural workers
- Small business employees
- Car dealership salespeople and mechanics
- Live-in domestic workers
FederalRoles Exempt from Overtime
Federal overtime law exempts certain roles from overtime pay:
- Executive, administrative, and professional employees earning more than the threshold
- Computer-related employees
- Outside sales employees
- Highly compensated workers earning more than $151,164 per year, of which at least $1,128 must be paid on a salary or fee basis per week
Misconceptions About NV Overtime Laws
Anyone who works more than 8 hours in a workday will receive overtime pay.
Only employees who earn less than $18 per hour qualify for daily overtime after working more than 8 hours in a 24-hour period.
If you earn $18 per hour or more, you only qualify for overtime after 40 hours in a workweek, not for extra hours worked in a single day.
Employers in Nevada can calculate overtime pay for tipped employees based on a lower tipped wage.
Unlike some states, Nevada does not allow tip credits. Tipped employees should be paid at least the full minimum wage ($12/hour) before tips, and their overtime rate is based on this full wage, not a reduced tipped wage.
Being paid a salary automatically means you are exempt from overtime.
Being salaried does NOT automatically mean you are exempt from overtime. To be truly exempt, a salaried employee must:
- Earn at least $43,888 per year ($844 per week)
- Perform specific exempt job duties (such as executive, administrative, or professional tasks)
If a salaried employee does not meet these criteria, they must be paid overtime for hours over 40 in a week.
If there’s mutual agreement between employers and employees, employees can work without overtime pay.
Overtime pay cannot be waived, even if an employee voluntarily agrees to work extra hours without additional compensation.
Nevada law requires eligible employees to be compensated at 1.5x their regular rate for overtime hours, regardless of any informal agreement with the employer.
You are entitled to overtime if you work two or more separate jobs for different employers, and your combined hours exceed 40 in a week.
Overtime is calculated per employer, not per employee. If you work 20 hours for one employer and 25 hours for another, you have worked 45 hours total, but neither employer is required to pay you overtime since neither job alone exceeds 40 hours in a workweek.
Penalties for Overtime Noncompliance in NV
Up to $20,000FAILURE TO PAY OVERTIME WAGES
Employers who violate overtime regulations may face substantial fines. Under Nevada law, an employer who fails to pay wages due can be penalized with a fine ranging from $10,000 to $20,000 for the first violation. Subsequent violations can result in higher fines.
Unpaid Wages and Damages
If successful, employees who file a lawsuit to recover unpaid overtime wages may be awarded all owed overtime wages, interest on the unpaid wages, payment for expenses incurred during the legal process, and liquidated damages.
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Navigating Overtime Requirements in Nevada
Know What to Do as an Employer
- Understand overtime eligibility. Correctly classify employees (exempt or non-exempt) based on salary threshold and job duties.
- Calculate overtime correctly. Overtime must be paid at 1.5x the regular hourly wage for hours over 40 in a workweek (for all employees) and over 8 in a day (for employees earning less than $18 per hour).
- Pay overtime on time. Include overtime wages in the next scheduled paycheck.
- Keep accurate records to maintain detailed timekeeping records for at least two years to document hours worked, break times, and overtime payments.
- Follow Nevada’s no tip credit rule. Tipped employees must receive at least full minimum wage before tips, and their overtime pay must be calculated based on full wages.
- Know when to pay overtime for multiple roles. If an employee works different jobs within the same company, combine total hours to determine overtime eligibility and calculate the overtime rate based on a weighted average of their wages.
- Track daily hours for employees earning less than $18/hour, as they qualify for overtime if they work more than 8 hours in a 24-hour period.
- Ensure compliance with alternative work schedules. If employees work a 4-day, 10-hour schedule (4×10 agreement), employers must have a mutual agreement in place.
Know Your Rights as a Worker
- Keep track of your hours worked, including start and end times, breaks, and any overtime worked.
- Check your pay stub. Make sure you receive overtime pay for extra hours worked.
- Overtime must be paid in the next paycheck. Employers cannot delay overtime wages or offer “comp time” instead of legally required overtime pay.
- If you work two jobs for the same employer, all hours must be added together to determine if you qualify for overtime.
- You cannot waive your right to overtime. Even if you agree to work at regular pay beyond the legal limits, Nevada law requires that overtime be paid.
- You have the right to report unpaid overtime. If your employer fails to pay overtime, file a wage claim with the Nevada OLC or pursue legal action.
- Know the time limits for filing claims. In Nevada, employees typically have two years to file a claim for unpaid overtime.
Common Overtime Pay Challenges for Employers in Nevada
1. Misclassifying Employees
Employers sometimes wrongly classify employees as exempt when they do not meet the salary or job duties requirements, leading to overtime disputes.
2. Incorrect Overtime Calculations
Employers may forget salaried employees earning below the exemption threshold are entitled to overtime. Some employers also fail to calculate overtime for tipped employees based on full wages rather than a reduced tipped wage.
3. Poor Record-Keeping
Employers failing to track time accurately risk legal action if employees claim unpaid overtime.
4. Failure to Pay Overtime Promptly
Employers must include overtime in the next paycheck. Failure to do so can result in wage claims and penalties.
5. Assuming “Comp Time” is Allowed Instead of Overtime
Private employers in Nevada cannot offer compensatory time off instead of overtime pay.
Overtime Pay Solutions for Employers in Nevada
1. Use Automated Time Tracking Systems
Implement digital timekeeping software to accurately track employee hours and flag overtime automatically.
2. Train Managers on Overtime Laws
Ensure that supervisors understand overtime rules to avoid unauthorized overtime and payroll errors.
3. Classify Employees Correctly
Regularly audit employee classifications to comply with exempt vs. non-exempt rules.
4. Monitor Overtime Costs and Adjust Scheduling
Plan employee shifts carefully to reduce unnecessary overtime while ensuring compliance.
5. Establish Clear Overtime Policies
Set written policies on when and how overtime is approved, including expectations for pre-authorization.
6. Pay Overtime Correctly and On Time
Always include overtime in the next scheduled paycheck to avoid wage claims.
General Best Practices for Nevada Overtime Laws
1. Conduct Regular Payroll Audits
Review payroll records quarterly to identify errors and prevent compliance issues before they escalate.
2. Educate Employees About Their Overtime Rights
Provide clear guidance on overtime policies so employees understand when they are entitled to extra pay.
3. Review Nevada Law Updates Annually
Stay informed about changes in state wage laws, including potential increases in the salary exemption threshold.
4. Encourage Employees to Report Time Accurately
Promote a workplace culture of transparency where employees track their hours honestly.
5. Be Proactive About Wage Disputes
If an employee has a concern about overtime pay, investigate immediately and correct any payroll errors before legal action is taken.
6. Avoid Unapproved Overtime, But Pay for It If It Happens
Employers must pay overtime even if it wasn’t pre-approved, but can enforce policies to discourage unauthorized extra hours.
7. Keep HR and Payroll Teams Updated on Labor Laws
Overtime laws can change, so HR and payroll staff should receive ongoing training to stay compliant.
Final Thoughts
Understanding Nevada’s overtime laws is essential to ensure fair compensation and legal compliance.
Employees should track hours, review pay stubs, and report unpaid overtime, while employers must accurately classify workers, follow state regulations, and use a reliable time-tracking system to avoid costly penalties.
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In Nevada, the new overtime rule effective from July 1, 2024, stipulates that employees earning less than $18 per hour are entitled to overtime pay at a rate of 1.5 times their regular hourly wage for hours worked beyond 8 in a 24-hour period.
This is in addition to the existing requirement that any hours worked over 40 in a workweek also qualify for overtime compensation, regardless of the employee’s wage level.
Key aspects of the new overtime rule include:
- Daily Overtime: Employees making less than $18 per hour must receive overtime pay for any hours worked over 8 in a single day.
- Weekly Overtime: All non-exempt employees are eligible for overtime pay for hours exceeding 40 in a workweek.
- Minimum Wage Adjustment: The minimum wage in Nevada was unified to $12 per hour following the approval of Ballot Question 2 in the 2022 General Election, eliminating the previous two-tier system based on health benefits.
- 4/10 Work Schedule: Employees on a pre-approved four-day, ten-hour schedule do not trigger daily overtime unless they work more than 10 hours in a single day. However, if they exceed 40 hours in a week or deviate from this schedule, standard overtime rules apply.
These updates aim to enhance employee rights and ensure fair compensation practices across various sectors in Nevada.
In Nevada, overtime is calculated as follows:
Daily Overtime: Employees earning less than $18.00 per hour are entitled to overtime pay for hours worked beyond 8 in a 24-hour period, at a rate of 1.5 times their regular hourly wage.
Weekly Overtime: All non-exempt employees, regardless of wage level, are eligible for overtime pay for hours worked beyond 40 in a workweek, also at 1.5 times their regular hourly wage.
Employees earning $18.00 per hour or more are only eligible for weekly overtime (over 40 hours in a week), not daily overtime.
Nevada’s 4/10 rule allows employees to work four 10-hour shifts within a week without triggering daily overtime pay. This arrangement requires a mutual agreement between the employer and employee, documented in writing.
Under this rule:
Employees working a scheduled 4/10 shift are not entitled to overtime pay for hours exceeding 8 in a single day, as long as they do not exceed 10 hours in that day.
If an employee works more than 10 hours in any given day, the additional hours must be compensated at 1.5 times their regular hourly rate.
Weekly overtime still applies; if an employee exceeds 40 hours in a workweek, they are entitled to overtime pay for those additional hours.
It’s crucial for employers to maintain accurate records and have clear agreements to ensure compliance with this rule, as deviations from the agreed schedule can lead to the requirement for overtime pay.
If an employee on a 4/10 schedule in Nevada works more than 10 hours in a day, the additional hours beyond 10 must be compensated at an overtime rate of 1.5 times their regular hourly wage.
Under the 4/10 work schedule, employees typically work four 10-hour days, totaling 40 hours per week.
However, if they exceed the 10-hour limit in any given day, those extra hours qualify for overtime pay.
This rule ensures that while employees can benefit from longer days and a three-day weekend, they are also protected from excessive work hours that could lead to burnout or health issues.
