1. An employer shall pay 1 1/2 times an employee’s regular wage rate whenever an employee who receives compensation for employment at a rate less than 1 1/2 times the minimum rate set forth in NRS 608.250 works:
(a) More than 40 hours in any scheduled week of work; or
(b) More than 8 hours in any workday unless by mutual agreement the employee works a scheduled 10 hours per day for 4 calendar days within any scheduled week of work.
2. An employer shall pay 1 1/2 times an employee’s regular wage rate whenever an employee who receives compensation for employment at a rate not less than 1 1/2 times the minimum rate set forth in NRS 608.250 works more than 40 hours in any scheduled week of work.
3. The provisions of subsections 1 and 2 do not apply to:
(a) Employees who are not covered by the minimum wage provisions of Section 16 of Article 15 of the Nevada Constitution;
(b) Outside buyers;
(c) Employees in a retail or service business if their regular rate is more than 1 1/2 times the minimum wage, and more than half their compensation for a representative period comes from commissions on goods or services, with the representative period being, to the extent allowed pursuant to federal law, not less than 1 month;
(d) Employees who are employed in bona fide executive, administrative or professional capacities;
(e) Employees covered by collective bargaining agreements which provide otherwise for overtime;
(f) Drivers, drivers’ helpers, loaders and mechanics for motor carriers subject to the Motor Carrier Act of 1935, as amended;
(g) Employees of a railroad;
(h) Employees of a carrier by air;
(i) Drivers or drivers’ helpers making local deliveries and paid on a trip-rate basis or other delivery payment plan;
(j) Drivers of taxicabs or limousines;
(k) Agricultural employees;
(l) Employees of business enterprises having a gross sales volume of less than $250,000 per year;
(m) Any salesperson or mechanic primarily engaged in selling or servicing automobiles, trucks or farm equipment;
(n) A mechanic or worker for any hours to which the provisions of subsection 3 or 4 of NRS 338.020 apply;
(o) A domestic worker who resides in the household where he or she works if the domestic worker and his or her employer agree in writing to exempt the domestic worker from the requirements of subsections 1 and 2; and
(p) A domestic service employee who resides in the household where he or she works if the domestic service employee and his or her employer agree in writing to exempt the domestic service employee from the requirements of subsections 1 and 2.
4. Any regulation of the Director of the Department of Health and Human Services concerning the payment of overtime to a home care employee adopted pursuant to NRS 608.670 prevails over the general provisions of this section.
5. As used in this section:
(a) "Domestic worker" has the meaning ascribed to it in NRS 613.620.
(b) "Home care employee" has the meaning ascribed to it in NRS 608.530.
(Added to NRS by 1975, 1583; A 1977, 1373; 1985, 578; 2003, 1742; 2005, 2520; 2009, 2493; 2017, 3886, 4178; 2019, 3746; 2021, 3659)
Structure Nevada Revised Statutes
Chapter 608 - Compensation, Wages and Hours
NRS 608.005 - Legislative declaration.
NRS 608.009 - "Domestic service employee" defined.
NRS 608.010 - "Employee" defined.
NRS 608.011 - "Employer" defined.
NRS 608.0113 - "Private employment" defined.
NRS 608.0116 - "Professional" defined.
NRS 608.012 - "Wages" defined.
NRS 608.0123 - "Week of work" defined.
NRS 608.0126 - "Workday" defined.
NRS 608.013 - Employer to post abstract of chapter.
NRS 608.015 - Unlawful to induce employee to refrain from testifying.
NRS 608.0155 - Persons presumed to be independent contractor.
NRS 608.016 - Payment for each hour of work; trial or break-in period not excepted.
NRS 608.0165 - Basis for payment of employee who manufactures or uses explosives; penalty.
NRS 608.017 - Discrimination on basis of sex prohibited; exceptions.
NRS 608.018 - Compensation for overtime: Requirement; exceptions.
NRS 608.019 - Periods for meals and rest.
NRS 608.0195 - Periods for sleep.
NRS 608.020 - Discharge of employee: Immediate payment.
NRS 608.030 - Payment of employee who resigns or quits employment.
NRS 608.040 - Penalty for failure to pay discharged or quitting employee.
NRS 608.050 - Wages to be paid at termination of service: Penalty; employee’s lien.
NRS 608.060 - Semimonthly payments; exceptions.
NRS 608.070 - Agreements between employers and employees for other than semimonthly payments.
NRS 608.090 - Adjustment of wages for additional payments; notice by employer; payment.
NRS 608.110 - Withholding of portion of wages.
NRS 608.115 - Records of wages.
NRS 608.120 - Manner of payment of wages.
NRS 608.140 - Assessment of attorney’s fees in action for recovery of wages.
NRS 608.154 - Lodging as part of wages or compensation; exception.
NRS 608.155 - Meals as part of wages or compensation; exception.
NRS 608.1555 - Benefits for health care: Provision in same manner as policy of insurance.
NRS 608.157 - Benefits for health care: Coverage for mastectomy and reconstructive surgery.
NRS 608.1575 - Benefits for health care: Services provided by certain nurses.
NRS 608.165 - Special uniforms, accessories and cleaning to be furnished without cost to employee.
NRS 608.170 - Assignment of wages void against judgment creditors; prima facie evidence of fraud.
NRS 608.180 - Enforcement of NRS 608.005 to 608.195, inclusive, and 608.215; prosecution.
NRS 608.190 - Willful failure or refusal to pay wages due prohibited.
NRS 608.195 - Criminal and administrative penalties.
NRS 608.200 - Underground mines and workings; criminal and administrative penalties.
NRS 608.250 - Requirement of employer to pay; incremental annual increase; penalty.
NRS 608.270 - Duties of Labor Commissioner and district attorneys; regulations.
NRS 608.280 - Proceedings against district attorney to be instituted by Attorney General.
NRS 608.290 - Criminal and administrative penalties.
NRS 608.310 - Producer-promoter-employer required to obtain permit; application; fee; exceptions.
NRS 608.330 - Criminal and administrative penalties.
NRS 608.510 - "Agency to provide personal care services in the home" defined.
NRS 608.520 - "Director" defined.
NRS 608.530 - "Home care employee" defined.
NRS 608.540 - "Home care employer" defined.
NRS 608.550 - "Home care employment standards board" defined.
NRS 608.560 - "Home care program" defined.
NRS 608.570 - "Intermediary service organization" defined.
NRS 608.580 - "Personal assistance" defined.
NRS 608.590 - "Personal care services" defined.
NRS 608.600 - "Temporary respite services" defined.
NRS 608.680 - Unlawful to pay wage less than minimum established by regulation of the Director.