If you qualify, the state of Nevada will pay overtime at a rate of at least time and a half of your regular hourly wage. Currently, the mandatory minimum wage rate in Nevada is $8.25 per hour. This makes state’s mandatory minimum overtime rate $12.38 per hour.
In addition to being regulated by state law, overtime pay is also regulated by federal law under the Fair Labor Standards Act (FLSA).
Who Qualifies for Overtime Pay in Nevada?
Under the FLSA, if you work over 40 hours per week you will qualify for overtime pay if you are not exempt. In addition, in the state of Nevada if you work over 8 hours a day you are entitled to overtime pay. This daily overtime applies if you make less than $12.38 per hour (or $10.89 per hour if you receive health benefits).
Under the FLSA, if you are a first-responder (including police, paramedics, and firefighters), practical nurse or paralegal, you are specifically guaranteed overtime pay. In Nevada, the state’s overtime pay laws aim to protect employees from being used by their employers without receiving compensation for working extra hours. The Nevada laws generally aim to protect blue collar workers.
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Who is Exempt from Overtime Pay?
Most of the time, you are eligible to receive overtime pay if you are paid hourly and make under $455 per week. However, there are exemptions that apply where it is not mandatory to pay employees overtime, such as with the following jobs:
- Outside salespeople;
- Independent contractors (unless they are legal employees); and
- In addition, sometimes the following workers are also considered exempt: computer-related workers, transportation workers, agricultural and farm workers, and live-in employees.
In Nevada, additional labor laws also exempt the following jobs:
- Commissioned salespeople earning over 1.5 times the minimum wage;
- Drivers and mechanics;
- Railroad workers;
- Air carrier workers;
- Taxi and limo drivers;
- Agricultural and farm workers;
- Automobile salespeople;
- Businesses earning under $250,000 annually; and
- If you are subject to an alternative overtime agreement made through collective bargaining with your employer.
What if My Employer Fails to Pay me Overtime?
If you are eligible for overtime pay under Nevada and federal law, your employer is required to pay you at least time and a half for all overtime hours worked. If your employer fails to pay you overtime that you are entitled to, you can file a complaint with the Department of Labor in Nevada.
This complaint is known as an FLSA violation claim. Each year several claims are successfully filed to ensure that Nevada residents receive FLSA mandated wages for minimum wage and overtime.
When Should I Contact a Lawyer?
If your employer has failed to pay you overtime that you believe you are entitled to, you should contact an employment lawyer to find out your options. A lawyer can further explain the overtime laws that apply to your situation, help you prepare a complaint with the Department of Labor in Nevada, and can help you get any pay you are legally entitled to.