Introduction to employment laws in Nevada
Overview
Nevada’s employment laws and regulations provide a comprehensive framework to protect workers’ rights and ensure fair labor practices. As an employer in the Silver State, it’s crucial to understand and comply with these laws, which cover areas such as minimum wage, overtime pay, meal and rest breaks, discrimination, and workplace safety.
We’ve compiled this guide with everything you need to know about hiring and managing employees in Nevada.
Employing in Nevada: Key employment laws and practices
Standard work hours
As with most states, however, Nevada law does not define a “full-time” employee. However, full-time employment is generally regarded as 30 to 40 hours per week.
Working hours for contractual employees are typically defined by the terms of their contract, which should comply with all state and federal labor laws. Self-employed professionals determine their own working hours as per their business needs.
Employers must clearly define work schedules in their employment contracts or company policies to set clear expectations and ensure compliance with overtime laws.
Minimum wage and overtime
As of July 2024, Nevada’s minimum wage is $12. The state follows the Fair Labor Standards Act (FLSA) for overtime rules. Any work exceeding 40 hours in a workweek is considered overtime and should be compensated at one and a half times the employee’s regular pay rate.
Insurance and benefits
Nevada law doesn’t mandate employers to provide health, dental, or vision insurance. However, businesses with 50 or more full-time employees must offer affordable health coverage under the Affordable Care Act (ACA).
Companies often voluntarily provide retirement benefits such as 401k plans to attract talent, despite no state-specific requirement.
Nevada employers must provide Unemployment Insurance, Workers’ Compensation Insurance, and Temporary Disability Insurance. They must also contribute to the Federal Insurance Contributions Act (FICA) for Social Security and Medicare.
Benefit type | Employer requirement |
Health insurance | Not mandated by Nevada law, but required under ACA for businesses with 50 or more full-time employees |
Dental/vision insurance | Voluntary |
Retirement benefits/401k | Voluntary |
Unemployment insurance | Mandatory |
Workers’ compensation insurance | Mandatory |
Temporary disability insurance | Mandatory |
FICA (Social Security and Medicare) | Mandatory |
Meal and rest periods
Nevada employment laws stipulate that employees are entitled to rest periods. A paid 10-minute rest period is mandatory for every 4 hours worked and preferably timed at the approximate midpoint of this 4-hour span of time.
Additionally, employees who work for 8 continuous hours must be provided 30 minutes of break time for a meal. Per FLSA regulation, should the employee be fully relieved of work duties for the entirety of this half hour, it is optional for the employer to provide pay for this period of time. Additional regulations apply to employees under the age of 18.
Multiplier makes it easy to manage benefits for Nevada employees.
Anti-discrimination laws
In Nevada, employees are protected by several anti-discrimination laws at both the state and federal levels. These laws prohibit discrimination based on various protected classes, including race, color, religion, sex (including pregnancy), national origin, disability, age (40 or older), sexual orientation, gender identity or expression, genetic information, or military status.
The Nevada Equal Rights Commission (NERC) enforces state laws against discrimination in areas of employment, housing, and public accommodations. Employers are encouraged to foster diversity and inclusion by implementing proactive anti-discrimination policies and conducting regular training sessions for all staff members to ensure they understand their rights and responsibilities under these laws.
In addition to the state laws enforced by NERC, Nevada employers must also comply with federal anti-discrimination laws enforced by the Equal Employment Opportunity Commission (EEOC).
The key federal laws include the Civil Rights Act of 1964 (Title VII), the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the Genetic Information Nondiscrimination Act.
Leave policies
Nevada HR compliance regulations do not specify the amount or payment of vacation or sick time for private employers. However, it’s common practice for employers to offer either paid or unpaid vacation leave that aligns with employment law and collective bargaining agreements.
Sick leave in Nevada is governed by the Family and Medical Leave Act (FMLA), which provides up to 12 weeks of unpaid, job-protected leave per year for eligible employees for certain family and medical reasons, such as maternity leave, severe illnesses, or care for a spouse or child.
Maternity, paternity, and parental leave also fall under the FMLA. However, Nevada also has the Nevada Pregnant Workers Fairness Act that requires employers with 15 or more employees to provide reasonable leave due to conditions related to pregnancy or childbirth.
Leave type | Details |
Vacation leave | Not specified by law; depends on employer policies |
Sick leave | Up to 12 weeks under FMLA; additional paid sick leave for businesses with 50+ employees |
Maternity leave | Up to 12 weeks under FMLA; additional provisions under Nevada Pregnant Workers Fairness Act |
Paternity leave | Up to 12 weeks under FMLA |
Parental leave | Up to 12 weeks under FMLA |
Jury duty | Unpaid, time off required; cannot be counted against other leaves |
Military leave | Protections under federal USERRA and state law |
Termination laws
In Nevada, the employment relationship is typically “at-will,” meaning either the employer or the employee can terminate the employment relationship without notice unless otherwise specified in an employment contract or collective bargaining agreement.
However, in the event of mass dismissals, employers must comply with the Worker Adjustment and Retraining Notification Act (WARN Act), which requires employers to give 60 days’ notice to impacted employees.
Severance pay isn’t mandatory unless stipulated in an employment contract or collective bargaining agreement. If an employer terminates the contract, the final payment must be made within three working days after the termination. If an employee resigns, the final payment is typically made on the next regular payday.
Easily onboard employees in Nevada?
Safety and health
Ensuring employee safety in Nevada is of utmost importance and several state-specific regulations exist to ensure this. These include workplace safety standards for different industries and rules for reporting injuries.
The Occupational Safety and Health Administration (OSHA) oversees workplace safety standards at the federal level, while Nevada OSHA oversees it at the state level.
Taxes in Nevada
Employer and employee taxes are critical aspects of HR compliance in Nevada. Both parties must comply with their respective obligations for federal taxes such as FICA Social Security and Medicare, as well as state unemployment insurance contributions.
Tax obligation | Rate | Details |
FICA Social Security (Federal) | 6.2% | Applies to salaries up to $168,000 annually |
FICA Medicare (Federal) | 1.45% | Additional 0.9% tax on earnings over $200,000 |
Unemployment insurance (State) | 0.33% – 5.40% | Applied on salaries up to $40,600 annually |
Unemployment – New employer (State) | 2.95% | Applied on salaries up to $40,600 annually |
FUTA (Federal Unemployment Tax Act) | 0.60% – 6.00% | Maximum taxable wages is $7,000 |
Federal income tax | Varies | Based on income level and filing status |
State taxes | None | Nevada does not have a state income tax |
Managing Nevada employees with an Employer of Record (EOR)
Navigating the employment landscape in Nevada can be complex due to the numerous federal and state laws that govern the hiring process, worker rights, and employer responsibilities.
Multiplier can assist with this by providing a comprehensive Employer of Record (EOR) solution that enables businesses to legally employ full-time workers in Nevada without needing to establish a local entity.
With our Global Payroll Platform, you can pay your Nevada-based employees while handling taxes, contributions, and withholdings as per the state’s requirements. Our platform also offers features such as benefits administration, ESOP administration, and more, all from a single interface.
Book a demo today to learn more about how Multiplier can help streamline your HR operations and enhance your employees’ experience.
FAQs
Employers in Nevada are expected to contribute to their employees’ payroll taxes. These include state unemployment taxes ranging from 0.33% to 5.40% applied to salaries up to $40,600 annually or a flat rate of 2.95% for new employers.
Nevada follows the Fair Labor Standards Act (FLSA), which requires employers to pay overtime at a rate of 150% of the regular pay for any hours worked beyond 40 hours in a week. Unlike in some states, no additional payment is required for work during weekends or rest days unless the employer requests the employee to work under exceptional circumstances.
No, but eligible employees can take up to 12 weeks of unpaid, job-protected leave under the Family and Medical Leave Act (FMLA) for certain family and medical reasons.
In Nevada, most employees are considered “at-will.” Either party can terminate the employment relationship without notice. In cases of mass dismissal, the Worker Adjustment and Retraining Notification Act (WARN Act) must be followed and employers must give impacted employees 60 days’ notice.
Nevada does not have any state laws that govern the amount and payment of vacation time. It is common for employers to decide whether to offer paid or unpaid vacation leave, which must comply with employment law and be stipulated in the collective bargaining agreements.
