NRS: CHAPTER 608 - COMPENSATION, WAGES AND HOURS

[Rev. 6/29/2024 4:38:37 PM--2023]

CHAPTER 608 - COMPENSATION, WAGES AND HOURS

GENERAL PROVISIONS

NRS 608.005 Legislative declaration.

NRS 608.007 Definitions.

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.

PAYMENT AND COLLECTION OF WAGES AND OTHER BENEFITS

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 608.0193 Employer required to provide break time to express breast milk; compensation pursuant to collective bargaining agreement; reasonable alternative to alleviate undue hardship; retaliation prohibited; exceptions.

NRS 608.0195 Periods for sleep.

NRS 608.0197 Employer required to provide paid leave; use of paid leave; Labor Commissioner to prepare and post bulletin; maintenance and inspection of records; other rights, remedies, procedures and benefits; exceptions.

NRS 608.01972 Employer required to provide paid leave for purpose of receiving vaccination for COVID-19; employee required to give notice; prohibited acts; calculation of overtime; applicability; Labor Commissioner to prepare bulletin; maintenance of records; other rights, remedies, procedures and benefits; exceptions. [Expired by limitation.]

NRS 608.01975 Employer required to allow employee use of sick leave to assist member of immediate family with medical need; Labor Commissioner to prepare bulletin to be posted in workplaces; construction of section; prohibitions; applicability.

NRS 608.0198 Employee entitled to leave related to domestic violence or sexual assault; uses of leave; prohibited acts; required documentation; Labor Commissioner to prepare bulletin; posting; maintenance of records; other rights, remedies and agreements unimpaired.

NRS 608.020 Immediate payment of employee discharged or placed on nonworking status.

NRS 608.030 Payment of employee who resigns or quits employment.

NRS 608.040 Penalty for failure to pay employee who is discharged, resigns, quits or is placed on nonworking status.

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 608.080 Paydays and time and place of payment: Posting notice of regular day, time and place; notice of change required; payment on irregular day.

NRS 608.090 Adjustment of wages for additional payments; notice by employer; payment.

NRS 608.100 Unlawful decrease in compensation by employer; unlawful requirement to rebate compensation; prerequisites to lawfully decreasing compensation.

NRS 608.110 Withholding of portion of wages.

NRS 608.115 Records of wages.

NRS 608.120 Manner of payment of wages.

NRS 608.130 Payment of wages by negotiable instrument; rights of holder in due course in event of nonpayment; penalty.

NRS 608.135 Civil action against employer for failure to pay wages; Labor Commissioner prohibited from taking jurisdiction of claim for wages during pendency of civil action.

NRS 608.140 Assessment of attorney’s fees in action for recovery of wages.

NRS 608.150 Original contractor liable for indebtedness for labor incurred by subcontractor or contractor acting under, by or for original contractor; exceptions; civil action to recover.

NRS 608.152 Claim to indebtedness for labor incurred by subcontractor or contractor: Written notice of claim; written request for notice of claim; substantially similar claims prohibited.

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 608.156 Benefits for health care: Expenses for treatment of alcohol and substance use disorders.

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 608.1576 Benefits for health care: Prompt enrollment and restrictions on termination of enrollment of child; withholding of employee’s wages; remedies are cumulative.

NRS 608.1577 Notices to employees: Acceptance of, change in or termination of benefits; change of insurer; nonpayment of premium.

NRS 608.158 Notice of failure to pay premiums for employee’s insurance; employer’s liability for deductions for premiums and failure to pay premiums without giving required notice; distribution of money recovered by Labor Commissioner for claims brought against employer.

NRS 608.1585 Notice to employee upon termination of employment of right to be issued insurance to replace group policy.

NRS 608.160 Taking or making deduction on account of tips or gratuities unlawful; employees may divide tips or gratuities among themselves.

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.

WORKING HOURS IN PARTICULAR EMPLOYMENTS

NRS 608.200 Underground mines and workings; criminal and administrative penalties.

NRS 608.215 Domestic service employees; agreements to exclude certain periods from wages; calls to duty; maintenance of records.

MINIMUM WAGE

NRS 608.250 Requirement of employer to pay; incremental annual increase; penalty. [Effective through December 31, 2027.]

NRS 608.250 Requirement of employer to pay; incremental annual increase; penalty. [Effective January 1, 2028.]

NRS 608.255 Relationships which do not constitute employment relationships for purposes of minimum wage.

NRS 608.258 Provision of health benefits by employer for purposes of determining amount of minimum wage.

NRS 608.260 Action by employee against employer; limitation of action; remedies and award to prevailing employee.

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.

ENTERTAINMENT PRODUCTIONS

NRS 608.300 Definitions.

NRS 608.310 Producer-promoter-employer required to obtain permit; application; fee; exceptions.

NRS 608.320 Producer-promoter-employer required to post bond to secure payment of wages in certain circumstances; amount of bond; conditions of bond.

NRS 608.330 Criminal and administrative penalties.

MISCLASSIFICATION AS INDEPENDENT CONTRACTOR

NRS 608.400 Misclassification prohibited; administrative penalties; notice and opportunity for hearing.

NRS 608.410 Liability of employer for misclassification; complaint; conduct of hearing; judicial review.

HOME CARE PROGRAMS

NRS 608.500 Definitions.

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 608.610 Home care employment standards board: Establishment; appointment; service without compensation; quorum; meetings.

NRS 608.620 Duty of Director to meet with representatives of petitioners to discuss matters relating to wages, working conditions and compliance with laws.

NRS 608.630 Home care employment standards board: Director to fix date for first meeting; Director and Labor Commissioner to conduct preliminary investigation and present results.

NRS 608.640 Home care employment standards board: Duties relating to investigations; power to administer oaths, take testimony and issue subpoenas; power to request information and testimony from state agencies; duty to submit report of findings and recommendations.

NRS 608.650 Director to make report of findings and recommendations by home care employment standards board available on Internet website.

NRS 608.660 Director to review findings and recommendations of home care employment standards board.

NRS 608.670 Regulations.

NRS 608.680 Unlawful to pay wage less than minimum established by regulation of the Director.

NRS 608.690 Unlawful acts; penalty.

_________

GENERAL PROVISIONS

NRS 608.005 Legislative declaration. The Legislature hereby finds and declares that the health and welfare of workers and the employment of persons in private enterprise in this State are of concern to the State and that the health and welfare of persons required to earn their livings by their own endeavors require certain safeguards as to hours of service, working conditions and compensation therefor.

(Added to NRS by 1975, 1582)

NRS 608.007 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 608.009 to 608.0126, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 1985, 577; A 2017, 4178)

NRS 608.009 “Domestic service employee” defined. “Domestic service employee” means an employee who performs any household service in or about a private residence or any other location at which a person resides. The term includes, without limitation:

1. Caregivers and other persons who are employed at a residential facility for groups, as defined in NRS 449.017; and

2. Companions, babysitters, cooks, waiters, valets, housekeepers, nannies, nurses, janitors, persons employed to launder clothes and linens, caretakers, persons who perform minor repairs, gardeners, home health aides, personal care aides and chauffeurs of automobiles for family use.

(Added to NRS by 2017, 4177)

NRS 608.010 “Employee” defined. “Employee” includes both male and female persons in the service of an employer under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed.

[Part 1:71:1919; A 1937, 52; 1931 NCL § 2775]—(NRS A 1975, 1582; 1985, 578; 2003, 1518)

NRS 608.011 “Employer” defined. “Employer” includes every person having control or custody of any employment, place of employment or any employee.

(Added to NRS by 1985, 578)

NRS 608.0113 “Private employment” defined. “Private employment” means all employment other than employment under the direction, management, supervision and control of this State or any county, city or town therein, or any office or department thereof.

(Added to NRS by 1985, 578)

NRS 608.0116 “Professional” defined. “Professional” means pertaining to:

1. An employee who is licensed or certified by the State of Nevada for and engaged in the practice of law or any of the professions regulated by chapters 623 to 645, inclusive, 645G and 656A of NRS.

2. A creative professional as described in 29 C.F.R. § 541.302 who is not an employee of a contractor as that term is defined in NRS 624.020.

(Added to NRS by 1985, 578; A 1991, 994; 1999, 3074; 2001, 1778; 2003, 912; 2005, 1140; 2011, 878, 1099, 1521; 2023, 1708)

NRS 608.012 “Wages” defined. “Wages” means:

1. The amount which an employer agrees to pay an employee for the time the employee has worked, computed in proportion to time;

2. Commissions owed the employee; and

3. Amounts due to a discharged employee, an employee placed on nonworking status pursuant to NRS 608.020 or an employee who resigns or quits pursuant to NRS 608.040,

Ê but excludes any bonus or arrangement to share profits.

(Added to NRS by 1985, 578; A 2021, 1763; 2023, 584)

NRS 608.0123 “Week of work” defined. “Week of work” means 7 consecutive periods of 24 hours which may begin on any day and at any hour of the day.

(Added to NRS by 1985, 578)

NRS 608.0126 “Workday” defined. “Workday” means a period of 24 consecutive hours which begins when the employee begins work.

(Added to NRS by 1985, 578)

NRS 608.013 Employer to post abstract of chapter. Every employer shall conspicuously post and keep so posted on the premises where any person is employed a printed abstract of this chapter to be furnished by the Labor Commissioner.

(Added to NRS by 1975, 1584)

NRS 608.015 Unlawful to induce employee to refrain from testifying. It is unlawful for any person by force, intimidation, threat of procuring dismissal from employment or in any other manner to induce or attempt to induce an employee to refrain from testifying in any investigation or proceeding relating to or arising under this chapter, or to discharge or penalize any employee for so testifying.

(Added to NRS by 1975, 1582)

NRS 608.0155 Persons presumed to be independent contractor.

1. Except as otherwise provided in subsection 2, for the purposes of this chapter, a person is conclusively presumed to be an independent contractor if:

(a) Unless the person is a foreign national who is legally present in the United States, the person possesses or has applied for an employer identification number or social security number or has filed an income tax return for a business or earnings from self-employment with the Internal Revenue Service in the previous year;

(b) The person is required by the contract with the principal to hold any necessary state business license or local business license and to maintain any necessary occupational license, insurance or bonding in order to operate in this State; and

(1) Notwithstanding the exercise of any control necessary to comply with any statutory, regulatory or contractual obligations, the person has control and discretion over the means and manner of the performance of any work and the result of the work, rather than the means or manner by which the work is performed, is the primary element bargained for by the principal in the contract.

(2) Except for an agreement with the principal relating to the completion schedule, range of work hours or, if the work contracted for is entertainment, the time such entertainment is to be presented, the person has control over the time the work is performed.

(3) The person is not required to work exclusively for one principal unless:

(I) A law, regulation or ordinance prohibits the person from providing services to more than one principal; or

(II) The person has entered into a written contract to provide services to only one principal for a limited period.

(4) The person is free to hire employees to assist with the work.

(5) The person contributes a substantial investment of capital in the business of the person, including, without limitation, the:

(I) Purchase or lease of ordinary tools, material and equipment regardless of source;

(II) Obtaining of a license or other permission from the principal to access any work space of the principal to perform the work for which the person was engaged; and

(III) Lease of any work space from the principal required to perform the work for which the person was engaged.

Ê The determination of whether an investment of capital is substantial for the purpose of this subparagraph must be made on the basis of the amount of income the person receives, the equipment commonly used and the expenses commonly incurred in the trade or profession in which the person engages.

2. A natural person is conclusively presumed to be an independent contractor if the person is a contractor or subcontractor licensed pursuant to chapter 624 of NRS or is directly compensated by a contractor or subcontractor licensed pursuant to chapter 624 of NRS for providing labor for which a license pursuant to chapter 624 of NRS is required to perform and:

(a) The person has been and will continue to be free from control or direction over the performance of the services, both under his or her contract of service and in fact;

(b) The service is either outside the usual course of the business for which the service is performed or that the service is performed outside of all the places of business of the enterprises for which the service is performed; and

(c) The service is performed in the course of an independently established trade, occupation, profession or business in which the person is customarily engaged, of the same nature as that involved in the contract of service.

3. The fact that a person is not conclusively presumed to be an independent contractor for failure to satisfy three or more of the criteria set forth in paragraph (c) of subsection 1 does not automatically create a presumption that the person is an employee.

4. As used in this section:

(a) “Foreign national” has the meaning ascribed to it in NRS 294A.325.

(b) “Providing labor” does not include the delivery of supplies.

(Added to NRS by 2015, 1743; A 2019, 3159)

PAYMENT AND COLLECTION OF WAGES AND OTHER BENEFITS

NRS 608.016 Payment for each hour of work; trial or break-in period not excepted. Except as otherwise provided in NRS 608.0195 and 608.215, an employer shall pay to the employee wages for each hour the employee works. An employer shall not require an employee to work without wages during a trial or break-in period.

(Added to NRS by 1985, 578; A 2015, 2718; 2017, 4178)

NRS 608.0165 Basis for payment of employee who manufactures or uses explosives; penalty.

1. Except as otherwise provided in this section, wages or compensation paid to an employee whose duties include the manufacture of an explosive, or the use, processing, handling, on-site movement or storage of an explosive that is related to its manufacture, must be based solely on the number of hours the employee works. The provisions of this subsection do not apply to persons employed in the mining industry.

2. Any person who violates the provisions of subsection 1:

(a) For the first violation, shall be punished by a fine of not less than $10,000 nor more than $20,000.

(b) For the second or any subsequent violation, shall be punished by a fine of not less than $20,000 nor more than $50,000.

3. Except as otherwise provided in subsection 4, as used in this section, “explosive” means gunpowders, powders used for blasting, all forms of high explosives, blasting materials, fuses other than electric circuit breakers, detonators and other detonating agents, smokeless powders, other explosive or incendiary devices and any chemical compound, mechanical mixture or device that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities or packing that ignition by fire, friction, concussion, percussion or detonation of the compound, mixture or device or any part thereof may cause an explosion.

4. For the purposes of this section, an explosive does not include:

(a) Ammunition for small arms, or any component thereof;

(b) Black powder commercially manufactured in quantities that do not exceed 50 pounds, percussion caps, safety and pyrotechnic fuses, quills, quick and slow matches, and friction primers that are intended to be used solely for sporting, recreation or cultural purposes:

(1) In an antique firearm, as that term is defined in 18 U.S.C. § 921(a)(16), as that section existed on January 1, 1999; or

(2) In an antique device which is exempted from the definition of “destructive device” pursuant to 18 U.S.C. § 921(a)(4), as that section existed on January 1, 1999; or

(c) Any explosive that is manufactured under the regulation of a military department of the United States, or that is distributed to, or possessed or stored by, the military or naval service or any other agency of the United States, or an arsenal, a navy yard, a depot or any other establishment owned by or operated on behalf of the United States.

(Added to NRS by 1999, 1114)

NRS 608.017 Discrimination on basis of sex prohibited; exceptions.

1. It is unlawful for any employer to discriminate between employees, employed within the same establishment, on the basis of sex by paying lower wages to one employee than the wages paid to an employee of the opposite sex who performs equal work which requires equal skill, effort and responsibility and which is performed under similar working conditions.

2. The provisions of subsection 1 do not apply where wages are paid pursuant to:

(a) A seniority system;

(b) A merit system;

(d) A wage differential based on factors other than sex.

3. An employer who violates the provisions of this section shall not reduce the wages of any employees in order to comply with such provisions.

(Added to NRS by 1975, 1584)

NRS 608.018 Compensation for overtime: Requirement; exceptions.

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)

NRS 608.019 Periods for meals and rest.

1. An employer shall not employ an employee for a continuous period of 8 hours without permitting the employee to have a meal period of at least one-half hour. No period of less than 30 minutes interrupts a continuous period of work for the purposes of this subsection.

2. Every employer shall authorize and permit all his or her employees to take rest periods, which, insofar as practicable, shall be in the middle of each work period. The duration of the rest periods shall be based on the total hours worked daily at the rate of 10 minutes for each 4 hours or major fraction thereof. Rest periods need not be authorized however for employees whose total daily work time is less than 3 and one-half hours. Authorized rest periods shall be counted as hours worked, for which there shall be no deduction from wages.

3. This section does not apply to:

(a) Situations where only one person is employed at a particular place of employment.

(b) Employees included within the provisions of a collective bargaining agreement.

4. An employer may apply to the Labor Commissioner for an exemption from providing to all or to one or more defined categories of his or her employees one or more of the benefits conferred by this section. The Labor Commissioner may grant the exemption if the Labor Commissioner believes the employer has shown sufficient evidence that business necessity precludes providing such benefits. Any exemption so granted shall apply to members of either sex.

5. The Labor Commissioner may by regulation exempt a defined category of employers from providing to all or to one or more defined categories of their employees one or more of the benefits conferred by this section, upon the Labor Commissioner’s own motion or upon the application of an association of employers. Each such application shall be considered at a hearing and may be granted if the Labor Commissioner finds that business necessity precludes providing that particular benefit or benefits to the employees affected. Any exemption so granted shall apply to members of either sex.

(Added to NRS by 1975, 1583; A 1977, 82)

1. Except as otherwise provided in subsections 3, 5 and 6, each employer shall provide an employee who is the mother of a child under 1 year of age with:

(a) Reasonable break time, with or without compensation, for the employee to express breast milk as needed; and

(b) A place, other than a bathroom, that is reasonably free from dirt or pollution, which is protected from the view of others and free from intrusion by others where the employee may express breast milk.

2. If break time is required to be compensated pursuant to a collective bargaining agreement entered into by an employer and an employee organization, any break time taken pursuant to subsection 1 by an employee which is covered by the collective bargaining agreement must be compensated.

3. If an employer determines that complying with the provisions of subsection 1 will cause an undue hardship considering the size, financial resources, nature and structure of the business of the employer, the employer may meet with the employee to agree upon a reasonable alternative. If the parties are not able to reach an agreement, the employer may require the employee to accept a reasonable alternative selected by the employer.

4. An employer shall not retaliate, or direct or encourage another person to retaliate, against any employee because that employee has:

(a) Taken break time or used the space provided pursuant to subsection 1 or 3 to express breast milk; or

(b) Taken any action to require the employer to comply with the requirements of this section, including, without limitation, filing a complaint, testifying, assisting or participating in any manner in an investigation, proceeding or hearing to enforce the provisions of this section.

5. An employer who employs fewer than 50 employees is not subject to the requirements of this section if these requirements would impose an undue hardship on the employer, considering the size, financial resources, nature and structure of the business of the employer.

6. An employer who is a contractor licensed pursuant to chapter 624 of NRS is not subject to the requirements of this section with regard to an employee who is performing work at a construction jobsite that is located at least 3 miles from the regular place of business of the employer.

(Added to NRS by 2017, 1430)

NRS 608.0195 Periods for sleep.

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,

Ê 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.

(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)

1. Except as otherwise provided in this section, every employer in private employment shall provide paid leave to each employee of the employer as follows:

(a) An employee is entitled to at least 0.01923 hours of paid leave for each hour of work performed.

(b) An employee may, as determined by the employer, obtain paid leave by:

(1) Receiving on the first day of each benefit year the total number of hours of paid leave that the employee is entitled to accrue in a benefit year pursuant to paragraph (a); or

(2) Accruing over the course of a benefit year the total number of hours of paid leave that the employee is entitled to accrue in a benefit year pursuant to paragraph (a).

(c) Paid leave accrued pursuant to subparagraph (2) of paragraph (b) may carry over for each employee between his or her benefit years of employment, except an employer may limit the amount of paid leave for each employee carried over to a maximum of 40 hours per benefit year.

(d) Except as otherwise provided in paragraph (i), an employer shall:

(1) Compensate an employee for the paid leave available for use by that employee at the rate of pay at which the employee is compensated at the time such leave is taken, as calculated pursuant to paragraph (e); and

(2) Pay such compensation on the same payday as the hours taken are normally paid.

(e) For the purposes of determining the rate of pay at which an employee is compensated pursuant to paragraph (d), the compensation rate for an employee who is paid by:

(1) Salary, commission, piece rate or a method other than hourly wage must:

(I) Be calculated by dividing the total wages of the employee paid for the immediately preceding 90 days by the number of hours worked during that period;

(II) Except as otherwise provided in sub-subparagraph (III), include any bonuses agreed upon and earned by the employee; and

(III) Not include any bonuses awarded at the sole discretion of the employer, overtime pay, additional pay for performing hazardous duties, holiday pay or tips earned by the employee.

(2) Hourly wage must be calculated by the hourly rate the employee is paid by the employer.

(f) An employer may limit the amount of paid leave an employee uses to 40 hours per benefit year.

(g) An employer may set a minimum increment of paid leave, not to exceed 4 hours, that an employee may use at any one time.

(h) An employer shall provide to each employee on each payday an accounting of the hours of paid leave available for use by that employee. An employer may use the system that the employer uses to pay its employees to provide the accounting of the hours of paid leave available for use by the employee.

(i) An employer may, but is not required to, compensate an employee for any unused paid leave available for use by that employee upon separation from employment, except if the employee is rehired by the employer within 90 days after separation from that employer and the separation from employment was not due to the employee voluntarily leaving his or her employment, any previously unused paid leave hours available for use by that employee must be reinstated.

2. An employee in private employment may use paid leave available for use by that employee as follows:

(a) An employer shall allow an employee to use paid leave beginning on the 90th calendar day of his or her employment.

(b) An employer shall allow an employee to use paid leave for any use, including, without limitation:

(1) Treatment of a mental or physical illness, injury or health condition;

(2) Receiving a medical diagnosis or medical care;

(3) Receiving or participating in preventative care;

(4) Participating in caregiving; or

(5) Addressing other personal needs related to the health of the employee.

(c) An employee may use paid leave available for use by that employee without providing a reason to his or her employer for such use.

(d) An employee shall, as soon as practicable, give notice to his or her employer to use the paid leave available for use by that employee.

3. An employer shall not:

(a) Deny an employee the right to use paid leave available for use by that employee in accordance with the conditions of this section;

(b) Require an employee to find a replacement worker as a condition of using paid leave available for use by that employee; or

4. The Labor Commissioner shall prepare a bulletin which clearly sets forth the benefits created by this section. The Labor Commissioner shall post the bulletin on the Internet website maintained by the Office of Labor Commissioner, if any, and shall require all employers to post the bulletin in a conspicuous location in each workplace maintained by the employer. The bulletin may be included in any printed abstract posted by the employer pursuant to NRS 608.013.

5. An employer shall maintain a record of the receipt or accrual and use of paid leave pursuant to this section for each employee for a 1-year period following the entry of such information in the record and, upon request, shall make those records available for inspection by the Labor Commissioner.

6. The provisions of this section do not:

(a) Limit or abridge any other rights, remedies or procedures available under the law.

(b) Negate any other rights, remedies or procedures available to an aggrieved party.

(c) Prohibit, preempt or discourage any contract or other agreement that provides a more generous paid leave benefit or paid time off benefit.

7. For the first 2 years of operation, an employer is not required to comply with the provisions of this section.

8. This section does not apply to:

(a) An employer who, pursuant to a contract, policy, collective bargaining agreement or other agreement, provides employees with a policy for paid leave or a policy for paid time off to all scheduled employees at a rate of at least 0.01923 hours of paid leave per hour of work performed; and

(b) Temporary, seasonal or on-call employees.

9. As used in this section:

(a) “Benefit year” means a 365-day period used by an employer when calculating the accrual of paid leave.

(b) “Employer” means a private employer who has 50 or more employees in private employment in this State.

(Added to NRS by 2019, 3752; A 2021, 3610)

1. Except as otherwise provided in this section, if an employer provides paid or unpaid sick leave for the use of his or her employees, the employer must allow an employee to use any accrued sick leave to assist a member of the immediate family of the employee who has an illness, injury, medical appointment or other authorized medical need to the same extent and under the same conditions that apply to the employee when taking such leave.

2. An employer may limit the amount of sick leave that an employee may use pursuant to subsection 1 to an amount which is equal to not less than the amount of sick leave that the employee accrues during a 6-month period.

3. The Labor Commissioner shall prepare a bulletin which clearly sets forth an explanation of the provisions of this section. The Labor Commissioner shall post the bulletin on the Internet website maintained by the Office of Labor Commissioner and shall require each employer that provides sick leave to employees to post the bulletin in a conspicuous location in each workplace maintained by the employer. The bulletin may be included in any printed abstract posted by the employer pursuant to NRS 608.013.

4. The provisions of this section shall not be construed to:

(a) Limit or abridge any other rights, remedies or procedures available under the law;

(b) Negate any other rights, remedies or procedures available to an aggrieved party;

(c) Prohibit, preempt or discourage any contract or other agreement that provides a more generous sick leave benefit or paid time off benefit; or

(d) Extend the maximum amount of leave to which an employee is entitled to take pursuant to the Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2601 et seq.

5. An employer shall not deny an employee the right to use accrued sick leave in accordance with the provisions of this section or retaliate against an employee for attempting to prosecute a violation of this section or for exercising any rights afforded by this section.

6. The provisions of this section do not apply:

(a) To the extent prohibited by federal law; or

(b) With regard to an employee of the employer if the employee is covered under a valid collective bargaining agreement.

7. As used in this section, “immediate family” means:

(a) The child, foster child, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent or stepparent of an employee; or

(b) Any person for whom the employee is the legal guardian.

(Added to NRS by 2021, 1023)

1. An employee who has been employed by an employer for at least 90 days and who is a victim of an act which constitutes domestic violence or sexual assault, or whose family or household member is a victim of an act which constitutes domestic violence or sexual assault, and the employee is not the alleged perpetrator, is entitled to not more than 160 hours of leave in one 12-month period. Hours of leave provided pursuant to this subsection:

(a) May be paid or unpaid by the employer;

(b) Must be used within the 12 months immediately following the date on which the act which constitutes domestic violence or sexual assault occurred;

(d) If used for a reason for which leave may also be taken pursuant to the Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2601 et seq., must be deducted from the amount of leave the employee is entitled to take pursuant to this section and from the amount of leave the employee is entitled to take pursuant to the Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2601 et seq.

2. An employee may use the hours of leave pursuant to subsection 1 as follows:

(a) An employee may use the hours of leave only:

(1) For the diagnosis, care or treatment of a health condition related to an act which constitutes domestic violence or sexual assault committed against the employee or family or household member of the employee;

(2) To obtain counseling or assistance related to an act which constitutes domestic violence or sexual assault committed against the employee or family or household member of the employee;

(3) To participate in any court proceedings related to an act which constitutes domestic violence or sexual assault committed against the employee or family or household member of the employee; or

(4) To establish a safety plan, including, without limitation, any action to increase the safety of the employee or the family or household member of the employee from a future act which constitutes domestic violence or sexual assault.

(b) After taking any hours of leave upon the occurrence of the act which constitutes domestic violence or sexual assault, an employee shall give not less than 48 hours’ advance notice to his or her employer of the need to use additional hours of leave for any purpose listed in paragraph (a).

3. An employer shall not:

(a) Deny an employee the right to use hours of leave in accordance with the conditions of this section;

(b) Require an employee to find a replacement worker as a condition of using hours of leave; or

4. The employer of an employee who takes hours of leave pursuant to this section may require the employee to provide to the employer documentation that confirms or supports the reason the employee provided for requesting leave. Such documentation may include, without limitation, a police report, a copy of an application for an order for protection, an affidavit from an organization which provides services to victims of domestic violence or sexual assault or documentation from a physician. Any documentation provided to an employer pursuant to this subsection is confidential and must be retained by the employer in a manner consistent with the requirements of the Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2601 et seq.

5. The Labor Commissioner shall prepare a bulletin which clearly sets forth the right to the benefits created by this section. The Labor Commissioner shall post the bulletin on the Internet website maintained by the Office of Labor Commissioner, if any, and shall require all employers to post the bulletin in a conspicuous location in each workplace maintained by the employer. The bulletin may be included in any printed abstract posted by the employer pursuant to NRS 608.013.

6. An employer shall maintain a record of the hours of leave taken pursuant to this section for each employee for a 2-year period following the entry of such information in the record and, upon request, shall make those records available for inspection by the Labor Commissioner. The employer shall exclude the names of the employees from the records, unless a request for a record is for the purpose of an investigation.

7. The provisions of this section do not:

(a) Limit or abridge any other rights, remedies or procedures available under the law.

(b) Negate any other rights, remedies or procedures available to an aggrieved party.

(c) Prohibit, preempt or discourage any contract or other agreement that provides a more generous leave benefit or paid leave benefit.

8. As used in this section:

(a) “Domestic violence” has the meaning ascribed to it in NRS 33.018.

(b) “Family or household member” means a:

(1) Spouse;

(2) Domestic partner;

(3) Minor child; or

(4) Parent or other adult person who is related within the first degree of consanguinity or affinity to the employee, or other adult person who is or was actually residing with the employee at the time of the act which constitutes domestic violence or sexual assault.

(Added to NRS by 2017, 3176; A 2023, 1230)

NRS 608.020 Immediate payment of employee discharged or placed on nonworking status.

1. Whenever an employer discharges an employee, the wages and compensation earned and unpaid at the time of such discharge shall become due and payable immediately.

2. Whenever an employer places an employee on a nonworking status, the wages earned and unpaid at the time the employee is placed on nonworking status are due and payable immediately.

3. As used in this section, “nonworking status” means the temporary layoff of an employee by the employer whereby the employee remains employed and may be called back to work by the employer at a future date. The term does not include an employee who an employer:

(a) Places on suspension pending an investigation relating to employment;

(b) Places on suspension pursuant to a disciplinary action relating to employment;

(d) Approves to take a leave of absence.

[Part 2:71:1919; 1919 RL p. 2776; NCL § 2776]—(NRS A 2023, 584)

NRS 608.030 Payment of employee who resigns or quits employment. Whenever an employee resigns or quits his or her employment, the wages and compensation earned and unpaid at the time of the employee’s resignation or quitting must be paid no later than:

1. The day on which the employee would have regularly been paid the wages or compensation; or

2. Seven days after the employee resigns or quits,

Ê whichever is earlier.

[Part 2:71:1919; 1919 RL p. 2776; NCL § 2776]—(NRS A 1985, 382)

NRS 608.040 Penalty for failure to pay employee who is discharged, resigns, quits or is placed on nonworking status.

1. If an employer fails to pay:

(a) Within 3 days after the wages or compensation of a discharged employee becomes due;

(b) Within 3 days after the wages of an employee placed on nonworking status pursuant to NRS 608.020 becomes due; or

Ê the wages or compensation of the employee continues at the same rate from the day the employee resigned, quit or was discharged or placed on nonworking status until paid or for 30 days, whichever is less.

2. Any employee who secretes or absents himself or herself to avoid payment of his or her wages or compensation, or refuses to accept them when fully tendered to him or her, is not entitled to receive the payment thereof for the time he or she secretes or absents himself or herself to avoid payment.

[Part 2:71:1919; 1919 RL p. 2776; NCL § 2776]—(NRS A 1985, 383; 2023, 585)

NRS 608.050 Wages to be paid at termination of service: Penalty; employee’s lien.

1. Whenever an employer of labor shall discharge or lay off employees without first paying them the amount of any wages or salary then due them, in cash and lawful money of the United States, or its equivalent, or shall fail, or refuse on demand, to pay them in like money, or its equivalent, the amount of any wages or salary at the time the same becomes due and owing to them under their contract of employment, whether employed by the hour, day, week or month, each of the employees may charge and collect wages in the sum agreed upon in the contract of employment for each day the employer is in default, until the employee is paid in full, without rendering any service therefor; but the employee shall cease to draw such wages or salary 30 days after such default.

2. Every employee shall have a lien as provided in NRS 108.221 to 108.246, inclusive, and all other rights and remedies for the protection and enforcement of such salary or wages as the employee would have been entitled to had the employee rendered services therefor in the manner as last employed.

[1:139:1925; NCL § 2785] + [2:139:1925; NCL § 2786]—(NRS A 1967, 146; 1969, 823)

NRS 608.060 Semimonthly payments; exceptions.

1. Except as otherwise provided in this chapter, all wages or compensation of employees in private employment is due semimonthly. All such wages or compensation earned and unpaid before the first day of any month is due not later than 8 a.m. on the 15th day of the month following that in which the wages or compensation was earned. All wages or compensation earned and unpaid before the 16th day of any month is due not later than 8 a.m. on the last day of the same month.

2. Nothing contained in this section prohibits the contracting for the payment of or the payment of wages at more frequent periods than semimonthly.

3. An employer in this State whose principal place of business is located, and whose payroll is prepared, outside of this State may designate one or more days in each month as fixed paydays for the payment of wages to an employee employed in:

(a) A bona fide executive, administrative or professional capacity, as defined in 29 C.F.R. §§ 541.1, 541.2 and 541.3;

(b) The capacity of outside salesperson, as defined in 29 C.F.R. § 541.5; or

Ê as those sections existed on October 1, 1993. The provisions of this subsection do not apply with regard to an employee whose wages are determined pursuant to a collective bargaining agreement.

4. Every agreement made in violation of this section, except as provided in this chapter, is void, but any employee is entitled to payment of such wages or compensation for the period during which the wages or compensation was earned.

[Part 1:71:1919; A 1937, 52; 1931 NCL § 2775]—(NRS A 1993, 316)

NRS 608.070 Agreements between employers and employees for other than semimonthly payments. Nothing in this chapter shall be construed to mean that, on any special occasion where it appears to be satisfactory and beneficial to both employer and employee, they shall not have the right to agree, either verbally or in writing, as to where and at what time, other than every 15 days, wages shall be paid; but it shall be unlawful for any employer to require any employee to enter into any such agreement as a condition to entering into or remaining in his or her service.

[8:71:1919; 1919 RL p. 2777; NCL § 2782]

NRS 608.080 Paydays and time and place of payment: Posting notice of regular day, time and place; notice of change required; payment on irregular day.

1. Every employer shall establish and maintain regular paydays as provided in this chapter and shall post and maintain posted notices, printed in plain type or written in plain script, in at least two conspicuous places where such notices can be seen by the employees, setting forth the regular paydays as prescribed in this chapter and the place of payment, which must be within the Justice Court precinct in which such services were performed.

2. After an employer establishes regular paydays and the place of payment, the employer shall not change a regular payday or the place of payment unless, not fewer than 7 days before the change is made, the employer provides the employees affected by the change with written notice in a manner that is calculated to provide actual notice of the change to each such employee.

3. If an employee is absent at the time and place of the payment of wages or compensation, due and payable as prescribed in this chapter, provided he or she does not secrete or absent himself or herself to avoid such payment, the employee must be paid the same within 5 days after making written demand therefor.

[Part 3:71:1919; 1919 RL p. 2776; NCL § 2777]—(NRS A 2003, 794)

NRS 608.090 Adjustment of wages for additional payments; notice by employer; payment.

1. Every employer, having granted or agreed to an adjustment of wages of an employee or employees wherein payments additional to the regular wage payments pursuant to this chapter are made, shall forward such adjusted wages in legal negotiable instruments to its agent or paymaster in this State. The agent or paymaster shall post in two conspicuous places at the office or other places used by the agent or paymaster for the regular payment of wages a list of the names, together with a written notice thereon that such wage payments will be held by such agent or paymaster for 30 days from and after the date of posting of the lists and notice for the purpose of payment thereof.

2. If any such employee shall at the time be stationed at a place other than at the place of regular payment of wages, either within or without the State of Nevada, the employer’s agent or paymaster shall forward the wage payments to such employee or deliver the same to the employee’s agent who has a written authorization signed by the employee authorizing the employee’s agent to receive such payment.

3. The provisions of this section shall not apply where payment of such additional pay is made directly to an employee or employees.

[3a:71:1919; added 1945, 338; 1943 NCL § 2777.01]

NRS 608.100 Unlawful decrease in compensation by employer; unlawful requirement to rebate compensation; prerequisites to lawfully decreasing compensation.

1. It is unlawful for any employer to:

(a) Pay a lower wage, salary or compensation to an employee than the amount agreed upon through a collective bargaining agreement, if any;

(b) Pay a lower wage, salary or compensation to an employee than the amount that the employer is required to pay to the employee by virtue of any statute or regulation or by contract between the employer and the employee; or

(c) Pay a lower wage, salary or compensation to an employee than the amount earned by the employee when the work was performed.

2. It is unlawful for any employer to require an employee to rebate, refund or return any part of the wage, salary or compensation earned by and paid to the employee.

3. It is unlawful for any employer who has the legal authority to decrease the wage, salary or compensation of an employee to implement such a decrease unless:

(a) Not less than 7 days before the employee performs any work at the decreased wage, salary or compensation, the employer provides the employee with written notice of the decrease; or

(b) The employer complies with the requirements relating to the decrease that are imposed on the employer pursuant to the provisions of any collective bargaining agreement or any contract between the employer and the employee.

[1:89:1943] + [2:89:1943] + [3:89:1943]—(NRS A 1967, 622; 2003, 795)

NRS 608.110 Withholding of portion of wages.

1. This chapter does not preclude the withholding from the wages or compensation of any employee of any dues, rates or assessments becoming due to any hospital association or to any relief, savings or other department or association maintained by the employer or employees for the benefit of the employees, or other deductions authorized by written order of an employee.

2. At the time of payment of wages or compensation, the employer shall furnish the employee with an itemized list showing the respective deductions made from the total amount of wages or compensation.

3. Except as otherwise provided by an agreement between the employer and employee, any employer who withholds money from the wages or compensation of an employee for deposit in a financial institution shall deposit the money in the designated financial institution within 5 working days after the day on which the wages or compensation from which it was withheld is paid to the employee.

[4:71:1919; 1919 RL p. 2776; NCL § 2778]—(NRS A 1967, 33; 1983, 1042)

NRS 608.115 Records of wages.

1. Every employer shall establish and maintain records of wages for the benefit of his or her employees, showing for each pay period the following information for each employee:

(a) Gross wage or salary other than compensation in the form of:

(1) Services; or

(2) Food, housing or clothing.

(b) Deductions.

(d) Except as otherwise provided in NRS 608.215, total hours employed in the pay period by noting the number of hours per day.

(e) Date of payment.

2. The information required by this section must be furnished to each employee within 10 days after the employee submits a request.

3. Records of wages must be maintained for a 2-year period following the entry of information in the record.

(Added to NRS by 1975, 508; A 1979, 1488; 1983, 250; 1985, 579; 2017, 4179)

NRS 608.120 Manner of payment of wages. The payment of wages or compensation must be made in lawful money of the United States or by a good and valuable negotiable check or draft drawn only to the order of the employee unless:

1. The employee has agreed in writing to some other disposition of his or her wages; or

2. The employer has been directed to make some other disposition of the employee’s wages by:

(a) A court of competent jurisdiction; or

(b) An agency of federal, state or local government with jurisdiction to issue such directives.

Ê Such checks or drafts must be payable on presentation thereof at some bank, credit union or established place of business without discount in lawful money of the United States. They must be payable at the place designated in the notice prescribed in NRS 608.080.

[Part 3:71:1919; 1919 RL p. 2776; NCL § 2777]—(NRS A 1975, 1584; 1977, 275; 1983, 1104; 1999, 1521)

NRS 608.130 Payment of wages by negotiable instrument; rights of holder in due course in event of nonpayment; penalty.

1. A person engaged in any business or enterprise of any kind in this State shall not issue, in payment of, or as evidence of, any indebtedness for wages due an employee, any order, check, memorandum or other acknowledgment of indebtedness unless it is a negotiable instrument payable without discount, in cash on demand, at some bank, credit union or other established place of business but this subsection does not limit or interfere with the right of any employee, by agreement, to accept from any such person, as an evidence or acknowledgment of indebtedness for wages due the employee, a negotiable instrument payable at some future date with interest.

2. In the event of nonpayment when due of any negotiable instrument issued in payment of wages, the holder in due course of the instrument succeeds and has the same rights, priorities and preferences with respect to payment thereof, and stands in the same position, as the payee of the instrument with respect to a claim for wages unpaid when due, in addition to any other remedy available to the holder in due course provided by law.

3. An employer who knowingly issues to an employee a negotiable instrument in payment of wages for which there is insufficient money, property or credit with the drawee of the instrument to pay it in full upon presentation shall reimburse the employee for any penalty or charge incurred by the employee arising from his or her reliance on the validity of the instrument.

[1:66:1911; RL § 1939; NCL § 2783] + [1.5:66:1911; added 1953, 64] + [2:66:1911; A 1953, 64]—(NRS A 1967, 622; 1985, 580; 1999, 1521)

NRS 608.135 Civil action against employer for failure to pay wages; Labor Commissioner prohibited from taking jurisdiction of claim for wages during pendency of civil action.

1. If an employer fails to pay wages, compensation or salary to an employee in accordance with the requirements set forth in NRS 608.020 to 608.050, inclusive, the employee may, at any time within 2 years after the employer’s failure, bring a civil action against the employer.

2. The Labor Commissioner shall not take jurisdiction of a claim for wages during the pendency of a civil action for the same wages brought pursuant to subsection 1.

(Added to NRS by 2021, 1763)

NRS 608.140 Assessment of attorney’s fees in action for recovery of wages. Whenever a mechanic, artisan, miner, laborer, servant or employee shall have cause to bring suit for wages earned and due according to the terms of his or her employment, and shall establish by decision of the court or verdict of the jury that the amount for which he or she has brought suit is justly due, and that a demand has been made, in writing, at least 5 days before suit was brought, for a sum not to exceed the amount so found due, the court before which the case shall be tried shall allow to the plaintiff a reasonable attorney fee, in addition to the amount found due for wages and penalties, to be taxed as costs of suit.

[1:140:1925; NCL § 2787]

NRS 608.150 Original contractor liable for indebtedness for labor incurred by subcontractor or contractor acting under, by or for original contractor; exceptions; civil action to recover.

1. Except as otherwise provided in subsections 2 and 3, every original contractor entering into any contract in this State for the erection, construction, alteration, maintenance or repair, including, without limitation, repairs made under a warranty, of any building or structure, including, without limitation, any equipment or fixtures related thereto, or other work of improvement, shall assume and is liable for the indebtedness for labor incurred by any subcontractor or any contractors acting under, by or for the original contractor in performing any labor, construction or other work included in the subject of the original contract, for labor, and for the requirements imposed by chapters 616A to 617, inclusive, of NRS.

2. Except as otherwise provided in subsection 6, the provisions of subsection 1 do not require an original contractor to assume or be liable for any liability of a subcontractor or other contractor in excess of the indebtedness for labor incurred by a subcontractor or any other contractor acting under, by or for the original contractor if such indebtedness for labor had been paid when originally due.

3. The provisions of subsection 1 do not require an original contractor to assume or be liable for any liability of a subcontractor or other contractor for any amount for which the original contractor did not receive proper notice in accordance with NRS 608.152.

4. It is unlawful for any original contractor or any other person to fail to comply with the provisions of subsection 1, or to attempt to evade the responsibility imposed thereby, or to do any other act or thing tending to render nugatory the provisions of this section.

5. The district attorney of any county wherein the defendant may reside or be found, or any potential claimant pursuant to this section may institute civil proceedings against any such original contractor failing to comply with the provisions of this section in a civil action for the amount of any indebtedness for labor that may be owing or have accrued as a result of the failure of any subcontractor acting under the original contractor, and any property of the original contractor, not exempt by law, is subject to attachment and execution for the payment of any judgment that may be recovered in any action under the provisions of this section.

6. In any court action regarding a claim instituted pursuant to this section, the court shall award costs and reasonable attorney’s fees to the prevailing party. If the claimant is the prevailing party, the court shall award to the claimant the applicable interest that has accrued after the claimant provided to the original contractor, subcontractor or other contractor the written notice of such claim pursuant to NRS 608.152 or otherwise notifies the original contractor of a claim under NRS 608.150.

7. As used in this section:

(a) “Contractor” has the meaning ascribed to it in NRS 624.020.

(b) “Original contractor” includes a contractor or any other person who enters into a contract described in subsection 1.

[1:208:1931; 1931 NCL § 2824] + [2:208:1931; 1931 NCL § 2825]—(NRS A 1967, 623; 1985, 580; 1999, 206; 2015, 1931; 2017, 1212)

NRS 608.152 Claim to indebtedness for labor incurred by subcontractor or contractor: Written notice of claim; written request for notice of claim; substantially similar claims prohibited.

1. Any potential claimant to indebtedness for labor under NRS 608.150 shall, within 90 days after receiving the written request described in subsection 2, provide to the original contractor, subcontractor or other contractor who submitted the written request a written notice that includes, without limitation:

(a) Any claim that is asserted under this section;

(b) The basis for any such claim; and

(1) The amount of any such claim;

(2) An explanation of what data is needed to calculate the amount of any such claim; or

(3) A statement that no amount is due under any such claim.

2. The written request required pursuant to subsection 1 must:

(a) Be submitted by an original contractor, subcontractor or other contractor;

(b) Be directed to the claimant described in subsection 1; and

(1) Original contractor, subcontractor or other contractor;

(2) Dates that work commenced and ended or is expected to end; and

(3) Nature and location of any project to which the contract applies.

3. If the written notice that the claimant is required to provide pursuant to subsection 1 indicates that no amount is due under any such claim or if the claimant fails to respond within 90 days after receiving the written request described in subsection 2, the claimant shall be prohibited from bringing any substantially similar claim that is related to the project and the original contractor, subcontractor or other contractor that accrued before the claimant’s receipt of such written notice.

4. As used in this section:

(a) “Contractor” has the meaning ascribed to it in NRS 624.020.

(b) “Original contractor” includes a contractor or any other person who enters into a contract described in subsection 1 of NRS 608.150.

(Added to NRS by 2017, 1212)

NRS 608.154 Lodging as part of wages or compensation; exception.

1. A part of wages or compensation may, if mutually agreed upon by an employee and employer in the contract of employment, consist of lodging. In no case may the value of the lodging be computed at more than five times the statutory minimum hourly wage for each week that lodging is provided to the employee.

2. The monetary limitations on the value of lodging specified in subsection 1 do not apply to agricultural employees.

(Added to NRS by 2017, 3885)

NRS 608.155 Meals as part of wages or compensation; exception.

1. A part of wages or compensation may, if mutually agreed upon by an employee and employer in the contract of employment, consist of meals. In no case shall the value of the meals be computed at more than 100 percent of the statutory minimum hourly wage per day. In no case shall the value of the meals consumed by such employee be computed or valued at more than 25 percent of the statutory minimum hourly wage for each breakfast actually consumed, 25 percent of the statutory minimum hourly wage for each lunch actually consumed, and 50 percent of the statutory minimum hourly wage for each dinner actually consumed.

2. The monetary limitations on the value of meals, contained in subsection 1, do not apply to agricultural employees.

(Added to NRS by 1975, 1582; A 2017, 3886)

NRS 608.1555 Benefits for health care: Provision in same manner as policy of insurance. Any employer who provides benefits for health care to his or her employees shall provide the same benefits and pay providers of health care in the same manner as a policy of insurance pursuant to chapters 689A and 689B of NRS, including, without limitation, as required by NRS 687B.409, 687B.723 and 687B.725.

(Added to NRS by 1985, 2097; A 2017, 2211; 2021, 3531)

NRS 608.156 Benefits for health care: Expenses for treatment of alcohol and substance use disorders.

1. In addition to any benefits required by NRS 608.1555, if an employer provides health benefits for his or her employees, the employer shall provide benefits for the expenses for the treatment of alcohol and substance use disorders. The annual benefits provided by the employer must include, without limitation:

(a) Treatment for withdrawal from the physiological effects of alcohol or drugs, with a maximum benefit of $1,500 per calendar year.

(b) Treatment for a patient admitted to a facility, with a maximum benefit of $9,000 per calendar year.

(c) Counseling for a person, group or family who is not admitted to a facility, with a maximum benefit of $2,500 per calendar year.

2. The maximum amount which may be paid in the lifetime of the insured for any combination of the treatments listed in subsection 1 is $39,000.

3. Except as otherwise provided in NRS 687B.409, these benefits must be paid in the same manner as benefits for any other illness covered by the employer are paid.

4. The employee is entitled to these benefits if treatment is received in any:

(a) Program for the treatment of alcohol or substance use disorders which is certified by the Division of Public and Behavioral Health of the Department of Health and Human Services.

(b) Hospital or other medical facility or facility for the dependent which is licensed by the Division of Public and Behavioral Health of the Department of Health and Human Services, is accredited by The Joint Commission or CARF International and provides a program for the treatment of alcohol or substance use disorders as part of its accredited activities.

(Added to NRS by 1983, 2044; A 1985, 1572, 1764; 1993, 1803; 1999, 1887; 2001, 438; 2017, 2211; 2023, 2365, 3500)

NRS 608.157 Benefits for health care: Coverage for mastectomy and reconstructive surgery.

1. If an employer provides health benefits for his or her employees which include coverage for the surgical procedure known as a mastectomy, the employer must also provide commensurate coverage for at least two prosthetic devices and for reconstructive surgery incident to the mastectomy. Except as otherwise provided in subsection 2, this coverage is subject to the same terms and conditions that apply to the coverage for the mastectomy.

2. If reconstructive surgery is begun within 3 years after a mastectomy, the amount of the benefits for that surgery must equal those amounts provided at the time of the mastectomy. If the surgery is begun more than 3 years after the mastectomy, the benefits provided are subject to all the terms, conditions and exclusions relating to those benefits at the time of the reconstructive surgery.

3. For the purposes of this section, “reconstructive surgery” means a surgical procedure performed following a mastectomy on one breast or both breasts to re-establish symmetry between the two breasts. The term includes, but is not limited to, augmentation mammoplasty, reduction mammoplasty and mastopexy.

(Added to NRS by 1983, 617; A 1989, 1891)

NRS 608.1575 Benefits for health care: Services provided by certain nurses.

1. If an employer provides health benefits for his or her employees which include coverage for services which are within the authorized scope of practice of a registered nurse who is authorized pursuant to chapter 632 of NRS to perform additional acts in an emergency or under other special conditions as prescribed by the State Board of Nursing, and which are reimbursed when provided by another provider of health care, the employees are entitled to reimbursement for services provided by such a registered nurse.

2. The benefits provided by the employer must not limit:

(a) Coverage for services provided by such a registered nurse to a number of occasions less than for services provided by another provider of health care.

(b) Reimbursement for services provided by such a registered nurse to an amount less than that reimbursed for similar services provided by another provider of health care.

3. The employer is not required to pay for services provided by such a registered nurse which duplicate services provided by another provider of health care.

(Added to NRS by 1985, 1450)

NRS 608.1576 Benefits for health care: Prompt enrollment and restrictions on termination of enrollment of child; withholding of employee’s wages; remedies are cumulative. If an employer provides benefits for health care to his or her employees and the benefits include coverage of the employee’s family, the employer shall:

1. Permit an employee who is required by the order of a court or administrative tribunal to provide health coverage for his or her child to enroll the child for coverage as a member of the employee’s family without regard to a restriction on periods of enrollment applicable to the employee.

2. If the parent so required is enrolled for coverage but does not apply to enroll the child, permit the child’s other parent or the Division of Welfare and Supportive Services of the Department of Health and Human Services to enroll the child.

3. Not terminate the enrollment of the child in that coverage or otherwise eliminate that coverage of the child unless the insurer has written proof that:

(a) The order for medical coverage is no longer in effect; or

(b) The child is or will be enrolled in comparable coverage through another insurer on or before the effective date of the termination of enrollment or elimination of coverage.

4. Withhold from the employee’s wages, and pay to the insurer if the employer is not self-insured, the employee’s share, if any, of the cost of the coverage provided for the child but not more than the amount of withholding for insurance permitted by federal law or regulation.

Ê The purpose of this section is to ensure that children are promptly enrolled in a program of health insurance provided by the responsible parent and that the health insurance is maintained. The remedies provided in this section are cumulative and in addition to any other remedy provided by law to the extent they are not inconsistent with the provisions of NRS 33.035 and chapters 31A, 125B, 130 and 425 of NRS.

(Added to NRS by 1995, 2426; A 2003, 1756)

NRS 608.1577 Notices to employees: Acceptance of, change in or termination of benefits; change of insurer; nonpayment of premium.

1. An employer shall notify his or her employees of the employer’s intent to accept a policy of group life, dental or health insurance which covers the employees.

2. If an employer is the policyholder of a policy of group life, dental or health insurance which covers his or her employees, the employer shall notify the insurer and employees of his or her intent to terminate, reduce or modify substantially any benefit under the policy, or to change insurers.

3. If an employer is the policyholder or contract holder under a policy or contract issued pursuant to chapter 689B, 695A, 695B, 695C, 695D or 695F of NRS, or NRS 689C.015 to 689C.590, inclusive, and which provides benefits for his or her employees, the employer shall, if applicable, notify the employees of:

(a) The employer’s inability to pay a premium when due; and

(b) The employer’s intention to stop paying premiums.

4. Any notice required pursuant to this section must be:

(a) Given at least 15 days before the:

(1) Acceptance of, change in or termination of benefits or insurers; or

(2) Next unpaid premium is due; and

(b) Conspicuously posted at the place of employment or given in another manner which ensures that all employees will receive the information.

(Added to NRS by 1985, 1061; A 1989, 1255; 1993, 1982; 1995, 2683; 1997, 2962)

1. If an employer is the policyholder of a policy of group life or health insurance which covers his or her employees, the employer shall notify the employees of his or her inability to pay a premium when due or of his or her intention to stop paying premiums. The notice must be:

(a) Given at least 10 days before the coverage will cease; and

(b) Conspicuously posted at the place of employment or given in another manner which ensures that all employees will receive the information.

2. In addition to any other remedy or penalty provided in this chapter, an employer is liable to an employee for any money deducted from the employee’s wages for the payment of premiums on a policy of group life or health insurance if the money was not so used.

3. In addition to any other remedy or penalty provided in this chapter, if:

(a) An employer knowingly and willfully stops paying premiums on a policy of group life or health insurance and fails to give proper and timely notice to his or her employees pursuant to subsection 1; and

(b) One or more of the employees, after coverage under the policy ceases and before they are given notice that the employer has stopped paying premiums, incur claims for benefits which those employees would have received under the policy had their coverage not ceased,

Ê the employer is liable to those employees for the amount of the claims incurred, except that the employer’s total liability for all such claims combined must not exceed the amount of the premiums, calculated on a monthly basis, that the employer would have been required to pay under the policy to provide coverage for those employees during the period in which the claims were incurred by the employees.

4. If the Labor Commissioner brings an action pursuant to subsection 3 against an employer on behalf of the employees, any money recovered by the Labor Commissioner must be distributed on a pro rata basis among the employees who have claims against the employer, except that no employee may recover more than the total amount of all claims that the employee has against the employer. If the amount of money recovered by the Labor Commissioner exceeds the total amount of all claims from all employees, the excess amount must be deposited in the State General Fund.

(Added to NRS by 1983, 1890; A 1985, 1062; 2005, 203)

NRS 608.1585 Notice to employee upon termination of employment of right to be issued insurance to replace group policy. If an employer is the policyholder of a policy of group life or health insurance which covers his or her employees, the employer shall give each employee upon the termination of employment written notice of his or her right to be issued by the insurer a policy of life or health insurance to replace the group policy.

(Added to NRS by 1985, 1062)

NRS 608.160 Taking or making deduction on account of tips or gratuities unlawful; employees may divide tips or gratuities among themselves.

1. It is unlawful for any person to:

(a) Take all or part of any tips or gratuities bestowed upon the employees of that person.

(b) Apply as a credit toward the payment of the statutory minimum hourly wage established by any law of this State any tips or gratuities bestowed upon the employees of that person.

2. Nothing contained in this section shall be construed to prevent such employees from entering into an agreement to divide such tips or gratuities among themselves.

[1:17:1939; 1931 NCL § 2826] + [2:17:1939; 1931 NCL § 2827]—(NRS A 1967, 623; 1971, 1263; 1973, 644)

NRS 608.165 Special uniforms, accessories and cleaning to be furnished without cost to employee. All uniforms or accessories distinctive as to style, color or material shall be furnished, without cost, to employees by their employer. If a uniform or accessory requires a special cleaning process, and cannot be easily laundered by an employee, such employee’s employer shall clean such uniform or accessory without cost to such employee.

(Added to NRS by 1975, 1584)

NRS 608.170 Assignment of wages void against judgment creditors; prima facie evidence of fraud. Every assignment of wages, salary or earnings made within the State of Nevada by any person against whom there is, at the time such assignment is made, an unsatisfied judgment for debt on the records of any court within the State of Nevada shall be prima facie evidence of fraud, and shall be void as against the judgment creditors of the person making such an assignment.

[1:94:1917; A 1939, 248; 1931 NCL § 1550]

NRS 608.180 Enforcement of NRS 608.005 to 608.195, inclusive, and 608.215; prosecution. The Labor Commissioner or the representative of the Labor Commissioner shall cause the provisions of NRS 608.005 to 608.195, inclusive, and 608.215 to be enforced, and upon notice from the Labor Commissioner or the representative:

1. The district attorney of any county in which a violation of those sections has occurred;

2. The Deputy Labor Commissioner, as provided in NRS 607.050;

3. The Attorney General, as provided in NRS 607.160 or 607.220; or

4. The special counsel, as provided in NRS 607.065,

Ê shall prosecute the action for enforcement according to law.

[7:71:1919; 1919 RL p. 2777; NCL § 2781]—(NRS A 1975, 1585; 1987, 1735; 1997, 195, 3162; 1999, 1115; 2003, 795; 2017, 1213, 1431, 3178, 4180; 2019, 3754; 2021, 1024)

NRS 608.190 Willful failure or refusal to pay wages due prohibited. A person shall not willfully refuse or neglect to pay the wages due and payable when demanded as provided in this chapter, nor falsely deny the amount or validity thereof or that the amount is due with intent to secure for the person, the person’s employer or any other person any discount upon such indebtedness, or with intent to annoy, harass, oppress, hinder, delay or defraud the person to whom such indebtedness is due.

[6:71:1919; A 1925, 242; 1931, 246; 1931 NCL § 2780]—(NRS A 1967, 624; 1975, 1585; 1985, 581)

NRS 608.195 Criminal and administrative penalties.

1. Except as otherwise provided in NRS 608.0165, any person who violates any provision of NRS 608.005 to 608.195, inclusive, or 608.215, or any regulation adopted pursuant thereto, is guilty of a misdemeanor.

2. In addition to any other remedy or penalty, the Labor Commissioner may impose against the person an administrative penalty of not more than $5,000 for each such violation.

(Added to NRS by 1975, 1584; A 1985, 581; 1987, 1736; 1999, 1115; 2003, 795; 2017, 1213, 1431, 3178, 4180; 2019, 3754; 2021, 1024)

WORKING HOURS IN PARTICULAR EMPLOYMENTS

NRS 608.200 Underground mines and workings; criminal and administrative penalties.

1. Except as otherwise provided in this section, the period of employment for all persons who are employed, occupied or engaged in work or labor of any kind or nature in underground mines or underground workings in search for or in extraction of minerals, whether base or precious, metallic or nonmetallic, or who are engaged in such underground mines or underground workings, or who are employed, engaged or occupied in other underground workings of any kind or nature for the purpose of tunneling, making excavations or to accomplish any other purpose or design, must not exceed 8 hours within any 24 hours. The 8-hour limit applies only to time actually employed in the mine and does not include time consumed for meals or travel into or out of the actual work site. It is unlawful for a person or an agent of the person to hire, contract with or cause any person to work for a period longer than the provisions of this section allow.

2. In cases of emergency where life or property is in danger, the period may be prolonged during the continuance of the emergency.

3. This section does not prevent change in the hours of employment from one part of the day to another at stated periods, nor does it prevent the employment of any of the persons mentioned in this section for more than 8 hours during the day in which a change is made. Such a change in the hours of employment must not occur more than once in any 2 weeks.

4. This section does not preclude a repair or maintenance crew from completing any repair or maintenance work upon which it is engaged at the end of an 8-hour period. This section does not preclude an employee from working a subsequent shift or period thereof in the same 24 hours if no qualified employee is available for relief.

5. If a majority of the employees whose hours are limited by this section agree to a policy proposed by their employer for periods of work in excess of 8 hours in a 24-hour period, the employer may adopt such a policy. The agreement required for such a policy must be evidenced by the results of an election held during regular working hours using secret ballots. All affected employees who are employed by the employer not later than 24 hours before the voting begins are eligible to cast a ballot.

6. Before such an election may be conducted, the employer must hold informational meetings for the affected employees on each shift during the regular working hours of the affected employees. At each such meeting the employer shall explain the effect of the proposed policy on the hours and compensation of the employees. Written notice of these informational meetings must be posted conspicuously in at least three locations throughout the mine site for at least 7 consecutive days before the date of the meetings. The notice must include the time, date, place and purpose of the meetings. Written notice of the time, date, place and purpose of the election must be posted in the same manner and for the same period. Failure to comply with the procedural requirements of this subsection make the results of the election void for the purposes of this section.

7. This section does not apply to employees who are covered by a valid collective bargaining agreement.

8. Any person who willfully violates any provision of subsection 1 or any regulation adopted pursuant thereto is guilty of a misdemeanor.

9. In addition to any other remedy or penalty, the Labor Commissioner may impose against the person an administrative penalty of not more than $5,000 for each such violation.

[1911 C&P § 289; A 1927, 186; 1949, 197; 1951, 65] + [Part 1911 C&P § 291; RL § 6556; NCL § 10239]—(NRS A 1967, 624; 1993, 821; 2003, 796)

NRS 608.215 Domestic service employees; agreements to exclude certain periods from wages; calls to duty; maintenance of records.

1. If a domestic service employee resides in the household where he or she works, the employer and domestic service employee may agree in writing to exclude from the wages of the domestic service employee:

(a) Periods for meals if the period for meals is at least one-half hour for each meal;

(b) Periods for sleep if the period for sleep excluded from the wages of the domestic service employee does not exceed 8 hours; and

(c) Any other period of complete freedom from all duties during which the domestic service employee may either leave the premises or stay on the premises for purely personal pursuits. To be excluded from the wages of the domestic service employee pursuant to this paragraph, a period must be of sufficient duration to enable the domestic service employee to make effective use of the time.

2. If a period excluded from the wages of the domestic service employee pursuant to this section is interrupted by a call to duty by the employer, the interruption must be counted as hours worked for which compensation must be paid.

3. An agreement pursuant to this section may be used to establish the total hours of employment of a domestic service employee in a pay period in lieu of maintaining precise records of the number of hours worked per day. The employer shall keep a copy of the agreement and indicate in the record of wages pursuant to NRS 608.115 that the work time of the domestic service employee generally coincides with the agreement. If it is found by the parties that there is a significant deviation from the initial agreement, a separate record must be kept for the period in which the deviation occurs or a new agreement must be reached that reflects the actual facts.

(Added to NRS by 2017, 4178)

MINIMUM WAGE

NRS 608.250 Requirement of employer to pay; incremental annual increase; penalty. [Effective through December 31, 2027.]

1. Each employer shall pay to each employee of the employer a wage of not less than:

(a) Beginning July 1, 2019:

(1) If the employer offers health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution, $7.25 per hour worked.

(2) If the employer does not offer health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution, $8.25 per hour worked.

(b) Beginning July 1, 2020:

(1) If the employer offers health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution, $8.00 per hour worked.

(2) If the employer does not offer health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution, $9.00 per hour worked.

(1) If the employer offers health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution, $8.75 per hour worked.

(2) If the employer does not offer health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution, $9.75 per hour worked.

(d) Beginning July 1, 2022:

(1) If the employer offers health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution, $9.50 per hour worked.

(2) If the employer does not offer health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution, $10.50 per hour worked.

(e) Beginning July 1, 2023:

(1) If the employer offers health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution, $10.25 per hour worked.

(2) If the employer does not offer health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution, $11.25 per hour worked.

(f) Beginning July 1, 2024:

(1) If the employer offers health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution, $11.00 per hour worked.

(2) If the employer does not offer health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution, $12.00 per hour worked.

2. It is unlawful for any person to employ, cause to be employed or permit to be employed, or to contract with, cause to be contracted with or permit to be contracted with, any person for a wage less than that established by this section.

(Added to NRS by 1965, 696; A 1969, 724; 1973, 1375; 1975, 500, 1582; 1977, 1372; 1987, 1190; 1989, 1803; 1993, 1803; 2001, 564; 2019, 3747)

NRS 608.250 Requirement of employer to pay; incremental annual increase; penalty. [Effective January 1, 2028.]

1. Each employer shall pay to each employee of the employer a wage of not less than:

(a) Beginning July 1, 2019:

(1) If the employer offers health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution, $7.25 per hour worked.

(2) If the employer does not offer health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution, $8.25 per hour worked.

(b) Beginning July 1, 2020:

(1) If the employer offers health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution, $8.00 per hour worked.

(2) If the employer does not offer health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution, $9.00 per hour worked.

(1) If the employer offers health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution, $8.75 per hour worked.

(2) If the employer does not offer health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution, $9.75 per hour worked.

(d) Beginning July 1, 2022:

(1) If the employer offers health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution, $9.50 per hour worked.

(2) If the employer does not offer health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution, $10.50 per hour worked.

(e) Beginning July 1, 2023:

(1) If the employer offers health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution, $10.25 per hour worked.

(2) If the employer does not offer health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution, $11.25 per hour worked.

(f) Beginning July 1, 2024:

(1) If the employer offers health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution, $11.00 per hour worked.

(2) If the employer does not offer health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution, $12.00 per hour worked.

2. It is unlawful for any person, including, without limitation, a person who employs a person under a special certificate issued pursuant to 29 U.S.C. § 214(c), to employ, cause to be employed or permit to be employed, or to contract with, cause to be contracted with or permit to be contracted with, any person for a wage less than that established by this section.

(Added to NRS by 1965, 696; A 1969, 724; 1973, 1375; 1975, 500, 1582; 1977, 1372; 1987, 1190; 1989, 1803; 1993, 1803; 2001, 564; 2019, 3747; 2023, 2956, effective January 1, 2028)

NRS 608.255 Relationships which do not constitute employment relationships for purposes of minimum wage. For the purposes of this chapter and any other statutory or constitutional provision governing the minimum wage paid to an employee, the following relationships do not constitute employment relationships and are therefore not subject to those provisions:

1. The relationship between a provider of jobs and day training services which is recognized as exempt pursuant to the provisions of 26 U.S.C. § 501(c)(3) and which has been issued a certificate by the Division of Public and Behavioral Health of the Department of Health and Human Services pursuant to NRS 435.130 to 435.310, inclusive, and a person with an intellectual disability or a person with a developmental disability participating in a jobs and day training services program.

2. The relationship between a principal and an independent contractor.

3. As used in this section, “developmental disability” has the meaning ascribed to it in NRS 435.007.

(Added to NRS by 2007, 541; A 2009, 2241; 2013, 698, 3066; 2015, 1744; 2017, 265, 2831)

NRS 608.258 Provision of health benefits by employer for purposes of determining amount of minimum wage. For the purpose of determining the minimum wage that may be paid per hour to an employee in private employment pursuant to Section 16 of Article 15 of the Nevada Constitution and NRS 608.250, an employer:

1. Provides health benefits as described in Section 16 of Article 15 of the Nevada Constitution only if the employer makes available to the employee and the employee’s dependents:

(a) At least one health benefit plan that provides:

(1) Coverage for services in each of the following categories and the items and services covered within the following categories:

(I) Ambulatory patient services;

(II) Emergency services;

(III) Hospitalization;

(IV) Maternity and newborn care;

(V) Mental health and substance use disorder services, including, without limitation, behavioral health treatment;

(VI) Prescription drugs;

(VII) Rehabilitative and habilitative services and devices;

(VIII) Laboratory services;

(IX) Preventative and wellness services and chronic disease management;

(X) Pediatric services, which are not required to include oral and vision care; and

(XI) Any other health care service or coverage level required to be included in an individual or group health benefit plan pursuant to any applicable provision of title 57 of NRS; and

(2) A level of coverage that is designed to provide benefits that are actuarially equivalent to at least 60 percent of the full actuarial value of the benefits provided under the plan; or

(b) Health benefits pursuant to a Taft-Hartley trust which is formed pursuant to 29 U.S.C. § 186(c)(5) and qualifies as an employee welfare benefit plan pursuant to:

(1) The Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001 et seq.; or

(2) The provisions of the Internal Revenue Code; and

2. Does not provide health benefits as described in Section 16 of Article 15 of the Nevada Constitution if the employer makes available to the employee and the employee’s dependents a hospital-indemnity insurance plan or fixed-indemnity insurance plan unless the employer separately makes available to the employee and the employee’s dependents at least one health benefit plan that complies with the requirements of subsection 1.

3. As used in this section, “health benefit plan” has the meaning ascribed to it in NRS 687B.470.

(Added to NRS by 2019, 536)

NRS 608.260 Action by employee against employer; limitation of action; remedies and award to prevailing employee.

1. If any employer pays any employee a lesser amount than the minimum wage set forth in NRS 608.250 or, if applicable, the minimum wage established by regulation of the Director of the Department of Health and Human Services pursuant to NRS 608.670, the employee may, at any time within 2 years, bring a civil action against the employer. A contract between the employer and the employee or any acceptance of a lesser wage by the employee is not a bar to the action.

2. If the employee prevails in a civil action brought pursuant to subsection 1:

(a) The employee is entitled to all remedies available under the law or in equity appropriate to remedy the violation by the employer which may include, without limitation, back pay, damages, reinstatement or injunctive relief; and

(b) The court must award the employee reasonable attorney’s fees and costs.

(Added to NRS by 1965, 696; A 1975, 1585; 1977, 1374; 2001, 565; 2019, 3749; 2021, 3660)

NRS 608.270 Duties of Labor Commissioner and district attorneys; regulations.

1. The Labor Commissioner shall:

(a) Administer and enforce the provisions of NRS 608.250 and 608.670;

(b) Adopt any regulations necessary to carry out the duties set forth in paragraph (a); and

(c) Furnish the district attorney of any county or the Attorney General all data and information concerning violations of the provisions of NRS 608.250 or 608.670, occurring in the county coming to the attention of the Labor Commissioner.

2. Each district attorney shall, if a complaint is made to him or her by the Labor Commissioner or by any aggrieved person, prosecute each violation of the provisions of NRS 608.250 or 608.670 that occurs in the district attorney’s county. If any such district attorney fails, neglects or refuses for 20 days to commence a prosecution for a violation of the provisions of NRS 608.250 or 608.670, after being furnished data and information concerning the violation, and diligently to prosecute the same to conclusion, the district attorney is guilty of a misdemeanor, and in addition thereto must be removed from office.

(Added to NRS by 1965, 696; A 1967, 626; 2001, 565; 2019, 3749; 2021, 3660)

NRS 608.280 Proceedings against district attorney to be instituted by Attorney General. When a complaint is made to the Attorney General by the Labor Commissioner or by an aggrieved person that any district attorney has been guilty of a willful violation of NRS 608.270, the Attorney General shall make an investigation of the complaint, and if, after such investigation, the Attorney General is of the opinion that the complaint is well founded, the Attorney General shall institute proceedings against the district attorney for the enforcement of the penalties provided in NRS 608.270.

(Added to NRS by 1965, 697; A 1967, 806)

NRS 608.290 Criminal and administrative penalties.

1. Any person who violates any provision of NRS 608.250 or 608.670 or any regulation adopted pursuant thereto is guilty of a misdemeanor.

2. In addition to any other remedy or penalty, the Labor Commissioner may impose against the person an administrative penalty of not more than $5,000 for each such violation.

(Added to NRS by 1965, 697; A 1967, 626; 2003, 797; 2021, 3661)

ENTERTAINMENT PRODUCTIONS

NRS 608.300 Definitions. As used in NRS 608.300 to 608.330, inclusive, unless the context otherwise requires:

1. “Artist” means an actor, actress, musician, dancer or athlete.

2. “Production” means a stage production, concert, trade show, exhibition, convention or sporting event. The term includes the technical personnel used to create and produce the production.

3. “Producer-promoter-employer” means a natural person who, or a firm, association or corporation which, supervises or finances a production or attempts to organize a production.

(Added to NRS by 1973, 1115; A 1995, 1027; 1997, 2480; 1999, 3115)

NRS 608.310 Producer-promoter-employer required to obtain permit; application; fee; exceptions.

1. Except as otherwise provided in subsection 4, a producer-promoter-employer intending to do business in this State must obtain a permit from the Labor Commissioner.

2. An application for the permit required by subsection 1 must contain information concerning:

(a) The applicant’s name and permanent address;

(b) The financing for the production;

(c) The type of production intended by the applicant, the number of artists, technical personnel and other persons required for the production and where the applicant intends to exhibit the production; and

(d) Such other information as the Labor Commissioner may require by regulation for the protection of persons associated with the entertainment industry.

3. The Labor Commissioner may by regulation require a reasonable fee for processing an application.

4. The provisions of this section do not apply to any producer-promoter-employer who produces proof to the Labor Commissioner or, in a county whose population is 700,000 or more, produces proof to the department or agency within that county which is authorized to issue business licenses on behalf of the county that the producer-promoter-employer:

(a) Has been in the business of a producer-promoter-employer in this State for the 5-year period immediately preceding the filing of the application and has had no successful wage claim filed with the Labor Commissioner during that period;

(b) Has sufficient tangible assets in this State which, if executed upon, would equal or exceed the amount of bond required; or

(Added to NRS by 1973, 1115; A 1995, 1027; 1997, 2480; 1999, 3115; 2011, 1299)

NRS 608.320 Producer-promoter-employer required to post bond to secure payment of wages in certain circumstances; amount of bond; conditions of bond. A producer-promoter-employer required by NRS 608.310 to obtain a permit from the Labor Commissioner must, before being granted the permit, post a bond with:

1. The Labor Commissioner; or

2. In a county whose population is 700,000 or more, with the department or agency within that county which is authorized to issue business licenses on behalf of the county,

Ê in the amount of at least twice the average weekly wages to be paid by the producer-promoter-employer to persons to be employed in the production. Except as otherwise provided in this section, the bond must be conditioned on the payment of all wages due all artists, technical personnel and other persons employed in the production upon the cessation of the production or upon the subrogation of another for the liabilities of the producer-promoter-employer, if that subrogation is satisfactory to the Labor Commissioner. The bond need not be conditioned upon the payment of any wages due to the persons who are the celebrity headliners in the production or the executive personnel, managers or supervisors.

(Added to NRS by 1973, 1116; A 1995, 1028; 1997, 2482; 2011, 1300)

NRS 608.330 Criminal and administrative penalties.

1. Any person who violates any provision of NRS 608.300 to 608.330, inclusive, or any regulation adopted pursuant thereto is guilty of a misdemeanor.

2. In addition to any other remedy or penalty, the Labor Commissioner may impose against the person an administrative penalty of not more than $5,000 for each such violation.

(Added to NRS by 1979, 346; A 1997, 2482; 1999, 3116; 2003, 797)

MISCLASSIFICATION AS INDEPENDENT CONTRACTOR

NRS 608.400 Misclassification prohibited; administrative penalties; notice and opportunity for hearing.

1. An employer shall not:

(a) Through means of coercion, misrepresentation or fraud, require a person to be classified as an independent contractor or form any business entity in order to classify the person as an independent contractor; or

(b) Willfully misclassify or otherwise willfully fail to properly classify a person as an independent contractor.

2. In addition to any other remedy or penalty provided by law, the Labor Commissioner may impose an administrative penalty against an employer who misclassifies a person as an independent contractor or otherwise fails to properly classify a person as an employee of the employer. An administrative penalty imposed pursuant to this section must be:

(a) For a first offense committed by an employer who misclassifies or otherwise fails to properly classify a person as an employee of the employer, a warning issued to the employer by the Labor Commissioner.

(b) For a second or subsequent offense, a fine of $5,000 for each employee who was willfully misclassified imposed by the Labor Commissioner.

3. Before the Labor Commissioner may enforce an administrative penalty against an employer for misclassifying or otherwise failing to properly classify an employee of the employer pursuant to this section, the Labor Commissioner must provide the employer with notice and an opportunity for a hearing as set forth in NRS 607.207. The Labor Commissioner may impose the administrative penalty as set forth in subsection 2 if the Labor Commissioner finds that:

(a) The employer misclassified a person as an independent contractor; or

(b) The employer otherwise failed to properly classify a person as an employee of the employer.

(Added to NRS by 2019, 3158; A 2023, 1805)

NRS 608.410 Liability of employer for misclassification; complaint; conduct of hearing; judicial review.

1. An employer who is found after a hearing conducted in accordance with subsection 3 to have misclassified a person as an independent contractor is liable to such person for lost wages, benefits or other economic damages to make the person whole.

2. A person may file a complaint alleging the misclassification of the person as an independent contractor with the Labor Commissioner. The Labor Commissioner shall make a determination on the allegations of the complaint within 120 days after receipt of the complaint. If the Labor Commissioner finds that an employer misclassified an employee as an independent contractor, the Labor Commissioner may impose the penalties set forth in subsection 1.

3. A hearing conducted pursuant to this section must be held in accordance with chapter 233B of NRS.

4. Each party to a hearing conducted pursuant to this section may petition for judicial review of the decision of the Labor Commissioner in the manner provided by chapter 233B of NRS.

(Added to NRS by 2019, 3159)

HOME CARE PROGRAMS

NRS 608.500 Definitions. As used in NRS 608.500 to 608.690, inclusive, unless the context otherwise requires, the words and terms defined in NRS 608.510 to 608.600, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 2021, 3655)

NRS 608.510 “Agency to provide personal care services in the home” defined. “Agency to provide personal care services in the home” has the meaning ascribed to it in NRS 449.0021.

(Added to NRS by 2021, 3655)

NRS 608.520 “Director” defined. “Director” means the Director of the Department of Health and Human Services.

(Added to NRS by 2021, 3655)

NRS 608.530 “Home care employee” defined.

1. “Home care employee” means a person who provides:

(a) Personal care services through a home care program as an employee of a home care employer that is an agency to provide personal care services in the home;

(b) Personal assistance through a home care program as a personal assistant for whom a home care employer that is an intermediary service organization is the employer of record; or

(c) Temporary respite services through a home care program as an employee of a home care employer that has entered into a contract with the Aging and Disability Services Division of the Department of Health and Human Services to provide such services.

2. As used in this section, “personal assistant” has the meaning ascribed to it in NRS 449.4308.

(Added to NRS by 2021, 3655)

NRS 608.540 “Home care employer” defined. “Home care employer” means:

1. An agency to provide personal care services in the home that has entered into a contract with a state agency or local government to provide personal care services under a home care program;

2. An intermediary service organization that has entered into a contract with a state agency or local government to provide services relating to personal assistance under a home care program; or

3. A person or agency who has entered into a contract with the Aging and Disability Services Division of the Department of Health and Human Services to provide temporary respite services under a home care program.

(Added to NRS by 2021, 3655)

NRS 608.550 “Home care employment standards board” defined. “Home care employment standards board” means a board established by the Director pursuant to NRS 608.610 or 608.660.

(Added to NRS by 2021, 3655)

NRS 608.560 “Home care program” defined.

1. “Home care program” means a program established by a state agency or a local government which provides in the home personal care services, personal assistance or temporary respite services to elderly persons or persons with disabilities.

2. The term includes, without limitation:

(a) Any program established under the State Plan for Medicaid which provides, in the home, the services described in subsection 1.

(b) Any program established pursuant to NRS 427A.250 to 427A.280, inclusive.

(d) The program established pursuant to NRS 427A.793.

(Added to NRS by 2021, 3655)

NRS 608.570 “Intermediary service organization” defined. “Intermediary service organization” has the meaning ascribed to it in NRS 449.4304.

(Added to NRS by 2021, 3655)

NRS 608.580 “Personal assistance” defined. “Personal assistance” has the meaning ascribed to it in NRS 449.4308.

(Added to NRS by 2021, 3656)

NRS 608.590 “Personal care services” defined. “Personal care services” means the services described in NRS 449.1935.

(Added to NRS by 2021, 3656)

NRS 608.600 “Temporary respite services” defined. “Temporary respite services” has the meaning ascribed to it in NRS 449.0021.

(Added to NRS by 2021, 3656)

NRS 608.610 Home care employment standards board: Establishment; appointment; service without compensation; quorum; meetings.

1. If the Director determines that it is necessary or upon the petition of 50 or more home care employees, the Director shall establish a home care employment standards board to conduct an investigation and develop recommendations as provided in NRS 608.640.

2. A home care employment standards board must consist of:

(a) The Director or his or her designee, who serves as Chair and a nonvoting member; and

(b) The following voting members:

(1) The Labor Commissioner;

(2) Three representatives of home care employers, appointed by the Director;

(3) Three representatives of home care employees, appointed by the Director; and

(4) Three persons who receive or are representatives of persons who receive services from a home care employee, appointed by the Director.

3. The Director shall appoint the members of a home care employment standards board pursuant to subparagraphs (2), (3) and (4) of paragraph (b) of subsection 2 after providing public notice and soliciting applications for the appointment of such members.

4. The members of a home care employment standards board serve without compensation.

5. A majority of the voting members of a home care employment standards board constitutes a quorum to transact business, and a majority of a quorum present at any meeting is sufficient to approve any recommendation of such a board.

6. A home care employment standards board shall meet at the times and places specified by a call of the Chair. A home care employment standards board shall meet as often as necessary to accomplish the duties set forth in NRS 608.640, but not less than once each calendar quarter.

(Added to NRS by 2021, 3656)

NRS 608.620 Duty of Director to meet with representatives of petitioners to discuss matters relating to wages, working conditions and compliance with laws. If the Director establishes a home care employment standards board upon the petition of 50 or more home care employees pursuant to NRS 608.610, the Director or his or her designee shall, not later than 30 days after the receipt of the petition, meet with representatives of the persons who submitted the petition and discuss matters relating to the wages and working conditions of home care employees in this State and the compliance of home care employers with applicable federal, state and local laws.

(Added to NRS by 2021, 3656)

NRS 608.630 Home care employment standards board: Director to fix date for first meeting; Director and Labor Commissioner to conduct preliminary investigation and present results.

1. As soon as practicable after the appointment of the members of a home care employment standards board pursuant to NRS 608.610, the Director shall fix a date for the first meeting of the board. If a home care employment standards board is established upon the petition of 50 or more home care employees pursuant to NRS 608.610, the first meeting of the board must be held not later than 60 days after the date of the meeting described in NRS 608.620.

2. Before the first meeting of a home care employment standards board, the Director and the Labor Commissioner shall conduct a preliminary investigation into the wages and working conditions of home care employees in this State and the compliance of home care employers with applicable federal, state and local laws. The Director and the Labor Commissioner shall coordinate with the Aging and Disability Services Division of the Department, the Division of Health Care Financing and Policy of the Department and the Division of Public and Behavioral Health of the Department as necessary to complete the investigation.

3. The Director and the Labor Commissioner shall present the results of the preliminary investigation conducted pursuant to subsection 2 to the home care employment standards board at the first meeting of the board.

4. As used in this section, “Department” means the Department of Health and Human Services.

(Added to NRS by 2021, 3656)

1. A home care employment standards board shall:

(a) Conduct an investigation into matters relating to the wages and working conditions of home care employees in this State and the compliance of home care employers with applicable federal, state and local laws; and

(b) Based on the investigation conducted pursuant to paragraph (a), develop recommendations regarding:

(1) The minimum wage that may be paid to a home care employee in this State; or

(2) Safe and healthful working conditions for home care employees.

2. A home care employment standards board shall determine the scope of its investigation conducted pursuant to paragraph (a) of subsection 1 and the specific matters into which it will inquire, which may include, without limitation:

(a) The adequacy of wage rates and other compensation policies of home care employers to ensure the provision of quality services and sufficient levels of recruitment and retention of home care employees;

(b) The sufficiency of levels of recruitment and retention of home care employees;

(d) The adequacy and enforcement of training requirements for home care employees;

(e) The impact of home care programs, the larger system for long-term care in this State and any efforts to reach the goal of rebalancing long-term care services toward home and community-based services on the wages and working conditions of home care employees;

(f) The impact of systemic racism and economic injustice on home care employees and the adequacy of efforts to alleviate such impact through the development of career paths through partnerships between labor and management and other methods; and

(g) The adequacy of payment practices and policies of the State as such practices and policies relate to the reimbursement of home care employers for the provision of services under a home care program.

3. In conducting the investigation pursuant to paragraph (a) of subsection 1, a home care employment standards board shall have the power to administer oaths, take testimony thereunder and issue subpoenas for the attendance of witnesses and the production of books, papers and any other materials relevant to the investigation.

4. A home care employment standards board may request information relevant to the investigation conducted pursuant to paragraph (a) of subsection 1 directly from any state agency. A state agency that receives a reasonable request for information from a home care employment standards board shall comply with the request as soon as is reasonably practicable after receiving the request.

5. A home care employment standards board may request direct testimony from any state agency at a meeting of the board. The head, or a designee thereof, of a state agency who receives a reasonable request for direct testimony at a meeting of a home care employment standards board shall appear at the meeting and shall comply with the request.

6. Not later than 1 year after the date of the first meeting of a home care employment standards board, the board shall submit to the Director a report of its findings and recommendations.

(Added to NRS by 2021, 3657)

NRS 608.650 Director to make report of findings and recommendations by home care employment standards board available on Internet website. The Director shall make any report submitted by a home care employment standards board pursuant to NRS 608.640 available on an Internet website maintained by the Director.

(Added to NRS by 2021, 3658)

NRS 608.660 Director to review findings and recommendations of home care employment standards board. Upon receipt of a report submitted by a home care employment standards board pursuant to subsection 6 of NRS 608.640, the Director shall review the findings and each recommendation contained in the report. The Director may:

1. Approve or disapprove any recommendation;

2. Require the home care employment standards board that submitted the report to conduct a new investigation and develop new recommendations in accordance with NRS 608.640; or

3. Establish a new home care employment standards board in the manner provided in NRS 608.610 to conduct a new investigation and develop new recommendations in accordance with NRS 608.640.

(Added to NRS by 2021, 3658)

NRS 608.670 Regulations.

1. If the Director approves a recommendation contained in a report submitted by a home care employment standards board pursuant to subsection 6 of NRS 608.640, the Director shall adopt regulations necessary to:

(a) Establish the minimum wage recommended by the home care employment standards board as the minimum wage which may be paid to a home care employee in this State; or

(b) Provide for safe and healthful working conditions for home care employees in accordance with the recommendation of the home care employment standards board.

2. If the Director adopts regulations establishing the minimum wage which may be paid to a home care employee pursuant to paragraph (a) of subsection 1, the Director may also adopt any regulations concerning the payment of overtime to a home care employee which the Director deems appropriate and which are consistent with federal law.

(Added to NRS by 2021, 3658)

NRS 608.680 Unlawful to pay wage less than minimum established by regulation of the Director. If the Director adopts regulations establishing the minimum wage which may be paid to a home care employee pursuant to NRS 608.670:

1. Each home care employer shall pay to each home care employee of the employer a wage of not less than the minimum wage established by regulation of the Director pursuant to NRS 608.670.

2. It is unlawful for a home care employer to employ, cause to be employed or permit to be employed, or to contract with, cause to be contracted with or permit to be contracted with, any home care employee for a wage less than that established by regulation of the Director pursuant to NRS 608.670.

(Added to NRS by 2021, 3658)

NRS 608.690 Unlawful acts; penalty.

1. It is unlawful for a home care employer in this State to discharge, discipline, discriminate against in any manner or deny employment or promotion to, or threaten to take any such action against, a home care employee because:

(a) The home care employee serves as a member of a home care employment standards board;

(b) The home care employee has actively participated in the formation of a home care employment standards board;

(c) The home care employee has testified or is about to testify in an investigation conducted by a home care employment standards board;

(d) The home care employee has engaged in any other activity related to the formation or activities of a home care employment standards board; or

(e) The home care employer believes that the home care employee may engage in any of the activities described in paragraphs (a) to (d), inclusive.

2. A home care employer who violates the provisions of subsection 1 is guilty of a misdemeanor and shall be punished by a fine of not more than $1,000.

(Added to NRS by 2021, 3659)