1. If an employee specified in paragraph (a) of subsection 3 is required to be on duty for 24 hours or more, the employer and employee may agree in writing to exclude from the employee’s wages a regularly scheduled sleeping period not to exceed 8 hours if adequate sleeping facilities are furnished:
(a) By the employer of an employee described in subparagraph (1) of paragraph (a) of subsection 3; or
(b) In the home in which an employee described in subparagraph (2) of paragraph (a) of subsection 3 provides personal care services,
as applicable.
2. If the sleeping period is interrupted by any call for service by the employer or for service to a person to whom the employee provides personal care services, the interruption must be counted as hours worked. If the sleeping period is interrupted by any call for service by the employer or for service to a person to whom the employee provides personal care services to such an extent that the sleeping period is less than 5 hours, the employee must be paid for the entire sleeping period.
3. The provisions of subsections 1 and 2:
(a) Apply only to:
(1) An employee who is on duty at a residential facility for a group of similarly situated persons who require supervision, care or other assistance from employees at the residential facility; and
(2) An employee of an agency to provide personal care services in the home who is on duty.
(b) Do not apply to a firefighter, a member of a rescue or emergency services crew or a peace officer, including, without limitation, a correctional officer.
4. As used in this section:
(a) "A group of similarly situated persons" includes, without limitation, a group of:
(1) Persons with a mental illness;
(2) Persons with a physical disability;
(3) Persons with an intellectual disability;
(4) Persons who are elderly;
(5) Persons recovering from alcohol or substance use disorders;
(6) Children in foster care; and
(7) Children in a program to address emotional or behavioral problems.
(b) "Agency to provide personal care services in the home" has the meaning ascribed to it in NRS 449.0021.
(c) "On duty" means any period during which an employee is working or is required to remain on the premises of:
(1) In the case of an employee described in subparagraph (1) of paragraph (a) of subsection 3, the employer; or
(2) In the case of an employee described in subparagraph (2) of paragraph (a) of subsection 3, the home of a person to whom the employee provides personal care services.
(d) "Personal care services" means the services described in NRS 449.1935.
(e) "Residential facility" means:
(1) A dormitory, any structure similar to a dormitory or any structure similar to a private residence in which a group of similarly situated persons reside for the purpose of receiving supervision, care or other assistance from employees on duty at the residential facility. Any such dormitory or structure similar to a dormitory may include a studio apartment for the use of the employees.
(2) In the case of a program for children to address emotional or behavioral problems, any structure which provides for residential living for the children and employees.
(Added to NRS by 2015, 2717; A 2017, 1207)
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.