Overtime pay is the additional compensation granted to employees who work beyond their standard hours. It is calculated at a higher rate than a person’s regular pay. For overtime regulations, Nevada largely follows the federal Fair Labor Standards Act (FLSA). The law requires employers to pay non-exempt hourly workers 1.5 times their standard rate of pay when they work more than 40 hours in a given workweek. At Ace Law Group, we strive to empower workers. In this article, our Las Vegas employment attorney provides a comprehensive guide to the overtime laws in Nevada.
An Overview of Overtime Laws in Nevada
The Nevada Office of Labor Commissioner explains that workers in our state are protected by both state and federal overtime regulations. Broadly speaking, overtime in Nevada is governed by the federal Fair Labor Standards Act (FLSA). It requires that non-exempt workers are paid time-and-a-half when they work more than 40 hours per week. The primary state-level overtime state in Nevada is NRS 608.018. It requires overtime pay (time-and-a-half) for all employees who work more than eight hours in a given day if they make less than 1.5X the state’s minimum wage and they are not on a pre-set 4/10 schedule. Here is a simple example of how overtime pay is calculated in Nevada
- Overtime Example in Las Vegas #1: Imagine that a construction worker in Las Vegas is paid $24.00 per hour. That construction worker puts in 45 hours in a workweek. The employer would be able to pay them at a rate of $24.00 for the first 40 hours ($960). For the additional five hours, the employer would be required to pay the overtime rate (time and a half) of $36.00. Overtime pay would be $180 for the five hours. As such, total weekly pay would be properly calculated at $1,140.00.
- Overtime Example in Las Vegas #2: Imagine that a dishwasher in Las Vegas is paid $12.00. He is a part-time employee. He works only on Saturday and Sunday. However, he puts in 10 hours a day. Under Nevada law, this employee would be entitled to overtime for all hours in excess of 8 hours in a given day because of his wage level and lack of a pre-set 4/10 schedule. As such, pay would be calculated at 16 hours time $12.00 for $192.00 of straight-time wages. In addition, the employee would be entitled to overtime hours paid at $16.00 per hour—for an additional $64.00 in overtime wages. Total pay would be $256.00.
Note: Exempt employees are not entitled to overtime pay. Exempt employees typically hold executive, administrative, or professional job duties as defined by federal and state labor laws. The classification hinges on their job responsibilities and salary basis. An employer in Nevada cannot simply decide to classify a worker as exempt from overtime laws.
Know Your Right to Seek Compensation for Overtime Violations
Understanding your rights is crucial when it comes to compensation for overtime violations. Under federal and state laws, employees who are misclassified or denied overtime pay may be entitled to receive full back pay for the hours worked beyond the standard 40-hour workweek.
Notably, in some cases, you might also be eligible for liquidated damages, which can double the amount of back pay as a penalty against the employer. You can receive double back pay for unpaid overtime if your employer’s violation of the FLSA is determined to be willful or reckless.
Why Trust Ace Law Group for an Unpaid Overtime Claim in Nevada
The people who put in overtime hours are, by definition, working hard on behalf of their employer. It is imperative that all workers are provided with the full and fair overtime pay that is rightfully due to them under the FLSA. At Ace Law Group, we advocate for justice for employees. With decades of handling employment law cases across Nevada, our Las Vegas employment lawyers have the skills and experience to help you seek financial compensation for unpaid overtime.
Contact Our Las Vegas Unpaid Overtime Attorney Today
At Ace Law Group, our Las Vegas wage and hour attorney has extensive experience handling overtime cases. If your employer failed to pay proper overtime, we are here as a legal resource. Call us now or at (702) 333-4223 or contact us online for a fully confidential initial case review. From our law office in Las Vegas, we represent employees in unpaid overtime cases throughout Nevada.