Nevada employment law overview

Nevada has laws that provide greater protections to employees than federal law, including pregnancy accommodation rights, a higher minimum wage and school activities leave, but generally follows federal law with respect to topics such as equal pay and military leave. 

Select Nevada employment requirements are summarized below to help an employer understand the range of employment laws affecting the employer-employee relationship in the state. An employer must comply with federal, state, and local law. Where there is overlap, complying with the law that offers the greatest rights or benefits to the employee will generally apply. 

Equal Employment Opportunity (EEO) and worker protections 

Nevada employers may be required to comply with requirements related to EEO and worker protections.   

Fair employment practices 

The Nevada Fair Employment Practices Act (NFEPA) prohibits employers with 15 or more employees from discriminating on the basis of protected characteristics, including but not limited to: 

• Race (including hair texture and protective hairstyles); 
• Color; 
• National origin; 
• Age; 
• Sex (including pregnancy, childbirth and related medical conditions); 
• Religion; 
• Disability; 
• Genetic information; 
• Sexual orientation; and 
• Gender identity. 

The law also prohibits discrimination against employees who engage in lawful use of lawful products (e.g., alcohol or tobacco) outside the employer’s premises and during nonworking hours, which does not adversely affect job performance or other employees’ safety. 

Harassment and retaliation are forms of discrimination also prohibited by the NFEPA. 

Equal pay 

Nevada law prohibits discrimination in wages on the basis of sex for equal work on jobs that require equal skill, effort and responsibility, and that are performed under similar working conditions. An employer may pay different wages if based upon a seniority system, a merit system, a compensation system under which wages are determined by the quality or quantity of production or factors other than sex. 

Pay transparency  

Nevada’s pay transparency law requires employers to disclose the pay range for a position in certain situations. 

Employers must provide the wage or salary range or rate to applicants who have completed an interview and to employees who have applied for a promotion or transfer who have completed an interview for or received an offer and requested the pay range.

Salary history inquiry restrictions 

Nevada employers may not inquire about a prospective employee’s wage and salary history, or direct an agent to do so, for the purpose of determining whether to hire the applicant or how much to pay them. Employers are further prohibited from refusing to interview, hire or promote an applicant or discriminate or retaliate against an applicant for failing to provide wage or salary history.  

Employee wage disclosure rights 

Under the NFEPA, an employer may not discriminate or take any other prohibited actions against an employee or applicant for inquiring about, discussing or voluntarily disclosing their wages or the wages of another employee or applicant. 

Pregnancy accommodation 

The Nevada Pregnant Workers’ Fairness Act requires an employer with 15 or more employees to provide reasonable accommodations to employees and applicants for a condition related to pregnancy, childbirth or a related medical condition. Examples of reasonable accommodations include, but are not limited to: 

• Modifying the application process; 
• Modifying equipment; 
• Providing different seating; 
• Modifying work or break schedules; 
• Providing space for expressing breast milk; 
• Providing assistance with manual labor; 
• Authorizing light duty; 
• Temporarily transferring the employee to a less-strenuous or less-hazardous position; or 
• Restructuring a position. 

Breastfeeding breaks 

A Nevada employer must provide employees who are the mothers of children under one year of age reasonable break time and a clean, private place, other than a bathroom, to express breast milk. This break time may be unpaid, unless payment is required by a collective bargaining agreement. 

An employer may be exempt from these requirements it has fewer than 50 employees and complying with the requirements would cause an undue hardship. 

Access to personnel files 

Employees who have been employed for at least 60 days have the right to inspect and copy personnel records used to determine the employee’s qualifications or used as a basis for any disciplinary action taken against the employee, including termination. An employer may charge the employee only for the actual cost associated with copying the documents. 

Whistleblower protections 

Nevada does not have a whistleblower law applicable to private employers. 

Scheduling 

Nevada does not have a scheduling law applicable to private employers. 

Recruiting and hiring 

Nevada employers may be required to comply with requirements related to recruiting and hiring.   

Credit checks 

A Nevada employer is generally prohibited from conditioning a job offer based on a prospective employee’s consumer credit report or other credit information. Also, an employer may not deny employment to an applicant who refuses, declines or fails to submit such credit information. 

Nevada does provide limited exceptions for situations where: 

• The information is job-related; 
• The employer is required or authorized by state or federal law to obtain the information; or 
• The employer reasonably believes the individual has engaged in illegal activity. 

Ban the Box and Fair Chance  

Nevada does not have a state ban-the-box or fair chance law applicable to private employers. 

E-Verify 

There are no state-specific requirements for private employers related to the use of E-Verify in Nevada. 

Wage and hour 

Nevada employers may be required to comply with certain wage and hour requirements.   

Minimum wage 

The minimum wage rate in Nevada is $12.00 per hour. 

Tips may not be applied as credit toward payment of the minimum wage. However, employees may agree to divide tip income among themselves. 

Overtime 

Generally, Nevada employers must pay one and one-half times a nonexempt employee’s regular wage rate whenever the employee works more than 40 hours in any scheduled workweek. 

In addition, employees who are paid a base rate of less than one and one-half times the state minimum wage are entitled to overtime when they work more than eight hours in any workday, unless by mutual written agreement the employee works four 10-hour days within any scheduled workweek. 

Meal and rest breaks 

An employee who works for a period greater than three and one-half hours must be permitted rest periods equal to 10 minutes for every four hours worked, or major fractions of four hours. Whenever practical, rest breaks should be taken in the middle of each work period. Authorized rest periods are counted as hours worked.  

An employee working a continuous eight-hour period is allowed one unpaid meal period of 30 minutes of uninterrupted time. 

Child labor 

Child labor laws in Nevada restrict the occupations in which minors may be employed and the number of hours and times during which they may work. 

All minors are prohibited from working in certain occupations, such as: 

• In begging, receiving alms or in any mendicant occupation; 
• In any indecent or immoral exhibition or practice; 
• In any practice or exhibition dangerous or injurious to life, limb, health or morals; 
• As a messenger for delivering letters, telegrams, packages or bundles to any house of prostitution or assignation; 
• In any public dance hall where alcoholic beverages are dispensed; or 
• In any area of a casino where there is gaming or where the sale of alcoholic beverages is the primary commercial activity (unless the minor is in the casino area to provide entertainment pursuant to an employment contract). 

Minors under the age of 16 are prohibited from working in additional occupations. 

With some exceptions, minors under the age of 16 may not work: 

• More than eight hours in a day; 
• More than 40 hours in a week; or 
• During school hours. 

Pay and benefits 

Nevada employers may be required to follow certain requirements with respect to employee pay and benefits.   

Wage payment methods 

Nevada law requires that employees be paid in cash or by check or draft payable only to the employee. Exceptions apply. An employer may pay wages by direct deposit or electronic paycard if certain conditions are met. 

Pay frequency and lag time 

Employees must be paid on regular paydays established in advance at least semimonthly, according to the following schedule: 

• All wages earned before the first day of any month must be paid by 8 a.m. of the 15th day of the following month; and 
• All wages earned before the 16th day of any month must be paid by 8 a.m. on the last day of the same month. 

If an employee is absent on payday, wages must be paid within five days after the employee makes a written demand for payment. 

Pay deductions 

An employer may make deductions from employees’ wages that are: 

• Required by law (e.g., child support withholding, creditor garnishment, tax levy); 
• For dues, rates or assessments payable to a hospital association; 
• To any relief, savings or other department or association maintained by employers or employees for employees’ benefit; and 
• Authorize in writing by the employee. 

An employer may not make deductions for the cost of uniforms. 

Pay statements 

With each payment of wages, an employer must provide each employee with an itemized statement showing deductions made from the employee’s total wages. 

Wage theft 

Nevada does not have a wage theft law applicable to private employers. 

Health care continuation 

Group policies in Nevada must provide health care continuation coverage to employees and their dependents for 12 months if the employee is on leave without pay due to a total disability. The coverage must be at least equal to the coverage provided before the disability and must be for an injury or illness that is not related to the total disability. 

Temporary disability insurance 

Nevada does not have requirements for private employers related to temporary disability insurance. 

Time off and leaves of absence 

Nevada employers may be required to follow certain requirements with respect to time off and leaves of absence.

Family and medical leave 

Nevada does not have a state family and medical leave law applicable to private employers.   

Paid sick leave 

Nevada does not have a state paid sick leave law applicable to private employers. 

Other time off requirements 

Nevada has laws related to time off and leaves of absence, including but not limited to: 

• School activities leave; 
• Domestic violence leave for victims of domestic violence and sexual assault; 
• Jury duty leave; 
• Juvenile proceedings leave; 
• Witness leave; 
• Voting leave; 
• Legislative leave; 
• Military leave; 
• Civil Air Patrol leave; 
• Emergency responder leave; 
• Paid leave; and 
• Kin care leave. 

Health and safety 

Nevada employers may be required to follow certain requirements with respect to employee health and safety.   

Occupational safety and health 

Under the Nevada Occupational Safety and Health Act, a Nevada employer must: 

• Furnish employment and a place of employment free of recognized hazards that are causing or are likely to cause death or serious physical harm to employees; 
• Furnish and use safety devices and safeguards, and adopt and use practices, means, methods and process that are reasonably adequate to render employment safe; 
• Post posters and information informing employees of their rights and obligations; 
• Assign at least one person to be in charge of occupational safety and health; and 
• Do “every other thing reasonably necessary” to protect employees’ lives, safety and health. 

An employer with more than 10 employees must establish a written safety program that includes establishment of a safety training program, particularly in those areas of the workplace where there have been recurring injuries. 

An employer with more than 25 employees must establish a safety committee consisting of representatives of employees. 

Drug and alcohol testing 

Nevada employers are not prohibited from drug and alcohol testing of employees and job applicants. However, there are restrictions on employment actions after testing job applicants for marijuana use. 

Smoke-free workplace 

The Nevada Clean Indoor Air Act prohibits smoking in virtually all indoor places of employment. Smoking includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, and the use of any oral smoking device. 

“No Smoking” signs or symbols must be conspicuously posted in each place of employment, and all ashtrays and smoking paraphernalia must be removed. 

Weapons in the workplace 

Nevada law does not directly address a private sector employer’s right to ban guns or weapons from the workplace. 

Safe driving practices 

Nevada prohibits the use of handheld cellular or other wireless communication devices while operating a motor vehicle. 

Organizational exit 

Nevada employers may be required to follow certain requirements when employees exit the organization.   

Final pay 

When an employee is fired or laid off, final wages must be paid immediately. 

When an employee voluntarily quits or resigns, final wages must be paid the earlier of: 

• The employee’s next regular payday; or 
• Within seven days. 

Employers may pay up to $20,000 of wages owed to a deceased employee to the surviving spouse or dependent children after 40 days from the date of the employee’s death. The recipient must provide affidavits and certified copies of the death certificate to the employer at the time of payment. 

Mass layoffs 

Nevada does not have a broadly applicable mini-WARN Act or plant closing law that generally applies to private employers. However, it does have special notice requirements for employers that relocate call centers. 

AI in employment 

Nevada does not have a law related to AI in employment applicable to private employers.