SUMMARY--Revises provisions governing compensation for overtime. (BDR 53-81)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to wages; revising the provisions governing the conditions under which compensation for overtime must be paid; providing that the provisions regarding compensation for overtime are applicable to employees paid an hourly wage that is equal to or greater than one and one-half times the minimum wage; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 608.018 is hereby amended to read as follows:
608.018 1. Except as otherwise provided in subsection 2, an employer shall pay one and one-half times an employee's regular wage rate whenever an employee 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.] more than 40 hours in a week of work.
2. The provisions of subsection 1 do not apply to:
(a) Employees who are not covered by the minimum wage provisions of NRS 608.250;
(b) [Employees who receive compensation for employment at a rate not less than one and one-half times the minimum rate prescribed pursuant to NRS 608.250;
(c)] Outside buyers;
[(d)] (c) Salesmen earning commissions in a retail business if their regular rate is more than one and one-half times the minimum wage, and more than one-half their compensation comes from commissions;
[(e)] (d) Employees who are employed in bona fide executive, administrative or professional capacities;
[(f)] (e) Employees covered by collective bargaining agreements which provide otherwise for overtime;
[(g)] (f) Drivers, drivers' helpers, loaders and mechanics for motor carriers subject to the Motor Carrier Act of 1935, as amended;
[(h)] (g) Employees of a railroad;
[(i)] (h) Employees of a carrier by air;
[(j)] (i) Drivers or drivers' helpers making local deliveries and paid on a trip-rate basis or other delivery payment plan;
[(k)] (j) Drivers of taxicabs or limousines;
[(l)] (k) Agricultural employees;
[(m)] (l) Employees of business enterprises having a gross sales volume of less than [$250,000] $500,000 per year; and
[(n)] (m) Any salesman or mechanic primarily engaged in selling or servicing automobiles, trucks or farm equipment.