Intro to Nevada Labor Laws

Nevada has enacted a new law (SB 8), effective immediately, to clarify what counts as compensable time under state wage‑hour law, aligning with key provisions of the federal Portal‑to‑Portal Act after a recent Nevada Supreme Court ruling. The new law expressly excludes certain pre‑ and post‑shift activities—such as travel time, health screenings, security checks, or preliminary tasks that federal law also treats as non‑compensable. However,  employers must still pay employees for time spent donning or doffing uniforms or personal protective equipment that cannot be worn from home. The law also aligns Nevada’s overtime and regular‑rate‑of‑pay rules with the federal Fair Labor Standards Act. The compensable time exclusions are set to sunset on October 31,  2029. 

Employers should update timekeeping and payroll policies to reflect these changes and review practices around pre‑ and post‑shift activities to ensure compliance.

On January 1, 2024 Nevada’s expansions to its existing domestic violence leave laws became effective. The laws now extend job-protected leave and accommodations to victims of sexual assault and their family or household members. This legislation builds on existing laws for domestic violence victims, which entitles eligible individuals to  up to 160 hours of paid or unpaid leave within a 12-month period. Eligible employees, who have been employed for at least 90 days, can use this leave for health care, counseling, court proceedings, or creating safety plans. Employers are required to post updated notices. Additionally, employers should be mindful of additional confidentiality and record-keeping responsibilities. Employers should update their policies immediately to ensure compliance with the law.

Nevada became yet another state to pass a wage range disclosure law, effective October 1, 2021. The law requires that employers provide applicants with the wage range for a position after they’ve completed an interview. A wage range must also be provided to current employees who have been offered a promotion or transfer, or who applied for a promotion or transfer to a new position and completed an interview, if they request such information.

Nevada’s Division of Industrial Relations (DIR) has implemented a heat illness prevention regulation to help protect employees who work indoors and outdoors from heat-hazardous environments. Effective immediately, employers with 10 or more employees are required to conduct a one-time analysis of heat-related hazards, implement a written safety plan including emergency response procedures, and provide training for employees to identify and mitigate potential heat-illness hazards. The DIR will release additional guidance on its website at a later date. Employers are encouraged to review and adopt policies and procedures to align with the outlined regulations and work with legal counsel to ensure compliance. 

Nevada has amended its non-compete statute by prohibiting employers from entering into a non-compete agreement in several instances. Notably, effective October 1st, 2021, employers are banned from using non-compete agreements for hourly employees who do not receive tips or gratuities, among other limitations.

Beginning in October, employers that provide paid or unpaid sick leave must also allow their employees to use their sick leave to provide care to an immediate family member with a qualifying medical need. Employers are able to restrict the amount of annual kin care leave to the amount of sick leave the employee accrues in a 6 month period.