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Quick and Easy Guide to Labor & Employment Law: Nevada

This state-specific guide covers labor and employment case law, statutes, rules, and regulations that HR professionals and clients often encounter or have questions about in Nevada.

At-Will Employment

Nevada is an at-will employment state. Harris v. M.G.M. Enters., No. 78056-COA (Nev. App. Dec. 20, 2019). This means that employees can be terminated at any time for any reason, unless an exception applies, such as discrimination or retaliation. Id.

Exceptions to At-Will Employment

The at-will employment rule is subject to limited exceptions founded upon strong public policy. Hansen v. Harrah's, 100 Nev. 60, 675 P.2d 394 (Nev. 1984). Terminating employment as retaliation for an employee filing for worker's compensation is considered a public policy violation. Id.

Right-to-Work Laws

Nevada is a right-to-work state. Nevada law provides that no person shall be denied the opportunity to obtain or retain employment because of nonmembership in a labor organization, nor shall the state, or any subdivision thereof, or any corporation, individual, or association of any kind enter into any agreement, written or oral, which excludes any person from employment or continuation of employment because of nonmembership in a labor organization. Nev. Rev. Stat. § 613.250.

Immigration Verification

Nevada places no additional employment verification procedures on employers beyond Federal I-9 compliance. There is no requirement to use E-Verify under Nevada state laws.

Drug Testing

As of January 1, 2020, Nevada prohibits employers who conduct pre-employment drug screenings as a condition to employment from denying employment due to testing positive for marijuana. Nev. Rev. Stat. § 613.132.

Jury Duty Leave

It is unlawful for an employer to persuade or attempt to persuade any juror to avoid jury service; intimidate or to threaten any juror in that respect; or remove or otherwise subject an employee to adverse employment action as a result of jury service if the employee provides reasonable notice of their absence. Additionally, it is unlawful for an employer to require or request an employee to use annual, vacation, or sick leave for time spent responding to a summons for jury duty. Nev. Rev. Stat. § 6.190. No Nevada state law requires the employer to pay wages while an employee is on jury duty.

Voting Leave

Nevada law requires employers to provide paid voting leave to employees for whom it is impractical to vote before or after work, as follows:

  • One hour – if the voting place is 2 miles or less from the employee's workplace;
  • Two hours – if the voting place is more than 2 miles but not more than 10 miles from the employee's workplace;
  • Three hours – if the voting place is more than 10 miles from the employee's workplace.

The employer may require employees to request leave before the day of the election. The employer can set the time for leave to vote to minimize the impact on business operations. Nev. Rev. Stat. § 293.463.

Parental Leave

Nevada does not have a law requiring private employers to provide parental leave to employees in excess of the amount required by the FMLA. Nevada does have a more blanket paid leave requirement as described below that could be used for parental leave.

Other Leave

Nevada law does not specifically require employers to provide employees with sick leave benefits. However, the following rules apply related to sick leave:

  • Employers may require employees to notify them if the employee will not be able to report to work due to sickness or injury.
  • Employers may not require employees to be physically present to notify employers they will not be able to report to work due to a non-work-related sickness or injury. Nev. Rev. Stat. § 613.155.

Nevada law does not require private employers to provide employees with either paid or unpaid holiday leave.

Nevada labor laws require employers with 50 or more employees to provide employees with at least 0.01923 hours of paid leave for each hour worked, which may be used for a wide variety of purposes, including sick time and caring for others. Nev. Rev. Stat. § 608.0197.

Smoking Laws

Nevada enforces Smoker Protection laws, which prohibit an employer from discriminating against an employee who engages in the lawful use of any product outside the employer's premises during the employee's nonworking hours, if that use does not adversely affect the employee's ability to perform their job or the safety of other employees. Nev. Rev. Stat. § 613.333.

Nevada prohibits smoking in any indoor place of employment, with very limited exceptions. Nev. Rev. Stat. § 202.2483.

Break Time to Express Milk

Nevada requires employers to provide any employee who is a mother with a child under the age of 1 with reasonable break time, with or without compensation, for the employee to express breast milk as needed; and a place, other than a bathroom, that is reasonably free from dirt or pollution, protected from the view of others, and free from intrusion by others where the employee may express breast milk. An employer may not take retaliatory action toward the employee for using such breaks or for bringing suit to encourage the employer to comply with the law. Employers with fewer than 50 employees are not subject to this law if it would impose an undue hardship on the employer. Further, pursuant to Nev. Rev. Stat. Ch. 624, licensed contractors are not subject to this law. Nev. Rev. Stat. § 608.0193.

Meal Breaks

Nevada law requires employers to provide a meal period of at least one-half hour (30 minutes) if the employee works for a continuous eight-hour period.

Minimum Wage, Overtime, and Wage Recordkeeping

Nevada's current minimum wage is $9.50 for employees who are offered qualifying health benefits. It is $10.50 for employees who have not been offered qualifying health benefits. NV Constitution, Art. 15, Sec. 16.; NV Statute 608.250; NV Admin. Code 608.100; NV Labor Commission – Minimum Wage. Effective July 1, 2023, if the employer provides health benefits, the minimum wage will be $10.25; if the employer does not, the minimum wage will be $11.25.

Employers who pay their employees less than $15.75 per hour (or $14.25 per hour for employers that offer qualified health benefits) must pay employees daily overtime for time worked over eight hours in a workday or 40 hours in a week. Nev. Statute 608.018. Unless by mutual agreement to work 10 hours per four calendar days per week of work, an employee must be paid overtime for daily hours worked over eight hours. Id.

No Nevada State Law Allows Employers to Pay Students a Subminimum Wage.

Provisions governing overtime pay can be found at Nev. Rev. Stat. § 608.018. Generally, if an employee works for more than 40 hours, they must be compensated at a rate of one and one-half times the regular rate of pay at which they are employed. This does not apply to agricultural employees.

Employers must retain records of wages for their employees for at least two years, including wages paid, deductions, net wages, total hours employed, and date of payments. Employees may request the required information to be retained by the employer, which must be furnished to the employee within 10 days after the employee submits the request. Nev. Rev. Stat. § 608.115.

Employers May Not Inquire About an Applicant's Salary History

Employers may not inquire about salary history when interviewing prospective employees. The employer may ask an applicant what their salary expectation is, but may not ask about earnings at previous jobs. In addition, the employer must provide an applicant who has completed an interview with a wage or salary range for such position, as well as a range or salary range for those applying for promotions or transfers. SB 293.

Final Payments

Nevada requires an employer to issue a final paycheck immediately after an involuntarily discharged employee's last day of employment. Nev. Rev. Stat. § 608.020. When an employee resigns or quits, the employee must be paid on the day on which the employee would have regularly been paid the wages or compensation, or seven days after the employee resigns or quits. Nev. Rev. Stat. § 608.030.

Unemployment Insurance

Unemployment insurance benefits provide income to individuals who have lost work through no fault of their own. The benefits are intended to partially offset the loss of wages while an unemployed worker searches for suitable work or until an employer can recall the employee to work. Nothing is deducted from the employee's wages to pay for this coverage. Unemployment benefits are administered by the Department of Employment, Training, and Rehabilitation. Additional information regarding the benefits may be accessed at Nev. Rev. Stat. Ch. 612.

Workers' Compensation

The Nevada Workers' Compensation Act, Nev. Rev. Stat. § 616A et seq., applies to every employer in Nevada with three or more employees, or to those in the construction industry. Employees who suffer injuries and/or occupational diseases arising out of and in the course of their employment may be eligible to receive several types of benefits under the Act. Under the Act, a workplace injury must be reported immediately to the employer; failing to report an injury in a timely manner may result in a denial of benefits.

The Act is administered by the Nevada Division of Industrial Relations. Additional information regarding the Act may be accessed at dir.nv.gov/WCS/home.

Finally, unlike some states, Nevada does recognize a private cause of action for retaliation under the Act.

Child Labor

Generally, 14 years of age is the minimum age for employment under Nevada state law and at 16, a child can be employed for most work except particularly dangerous work such as manufacturing, mining, and similar such professions. There are restrictions for places of work dealing with minors, as well as restrictions on the hours of the day the minor may work. The laws may be found at Nev. Rev. Stat. § 609.185 et seq.

Gun Laws

Nevada is an open carry state, which means an individual can carry a gun openly (i.e., not concealed) without a permit. Nevada employers may prohibit employees possessing firearms at work, including in company parking lots.

COVID Laws

Nevada requires certain employers to provide employees paid leave to take time to get a COVID vaccine. This provision expires on December 31, 2023. In addition, Nevada requires employers to allow employees to use paid leave to obtain medical treatment for preventive care, to participate in caregiving, or to address other personal needs relating to the employees' health. Nev. Rev. Stat. § 608.01972

Changes to Noncompetition Law

Employers may not bring an action against a former employee to prevent them from providing service to a former customer or client if the former employee did not solicit the prior customer or client; the customer or client voluntarily chose to seek the services of the former of the employee; and the former employee is otherwise acting in accordance with the noncompete agreement as agreed upon between the parties. Nev. Rev. Stat. 613.195(2). A noncompetition agreement may not apply to employees who are paid solely on an hourly wage basis, exclusive of any tips or gratuities. Nev. Rev. Stat. § 613.195(3).

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Guide last updated September 2022.

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