Overtime Laws in Nevada 2026: Pay Rates, Exemptions & Tax Deduction (2026)

Does Nevada have its own overtime law?

Yes. Nevada has its own overtime law under NRS § 608.018, which supplements the federal FLSA. Nevada’s most distinctive provision is daily overtime: employees earning less than $18.00/hour (1.5× the $12.00 minimum wage) are entitled to overtime pay after 8 hours in a 24-hour workday, in addition to the standard 40-hour weekly threshold.

What is the overtime rate in Nevada in 2026?

The overtime rate in Nevada is 1.5 times the employee’s regular rate of pay. Based on Nevada’s minimum wage of $12.00/hour, the minimum overtime rate is $18.00/hour. There is no double-time requirement under Nevada law.

Does Nevada require daily overtime?

Yes, but only for certain employees. Nevada requires overtime after 8 hours in a 24-hour workday for employees earning less than $18.00/hour. Employees earning $18.00/hour or more are subject only to the standard 40-hour weekly threshold. An exception exists for employees who mutually agree with their employer to a 4-day, 10-hour schedule under NRS § 608.018(1)(b).

What is the daily overtime threshold in Nevada for 2026?

The daily overtime threshold is $18.00/hour — equal to 1.5 times the Nevada minimum wage of $12.00/hour. Employees earning below $18.00/hour are entitled to overtime for hours worked beyond 8 in a workday. This threshold is tied directly to the minimum wage and would change if the legislature raises the minimum wage.

Is mandatory overtime legal in Nevada?

Under federal law, employers can generally require adult employees to work overtime. Nevada does not have additional state-level restrictions on mandatory overtime for most private-sector workers. At-will employees who refuse overtime may face disciplinary action. However, all overtime hours must be compensated at the applicable overtime rate, and employers cannot retaliate against employees who file overtime complaints.

Am I exempt from overtime in Nevada?

Exemption depends on both salary level and job duties. Under the FLSA, employees must earn at least $684/week on a salary basis and perform executive, administrative, or professional duties. Nevada also has its own exemptions under NRS § 608.018(3), including for agricultural workers, taxicab/limousine drivers, motor carrier employees, and certain commission-based retail employees.

Can salaried employees get overtime in Nevada?

Yes. Being paid a salary does not automatically make an employee exempt from overtime in Nevada. The Nevada Office of the Labor Commissioner explicitly states that salaried employees who do not meet the applicable exemption requirements are entitled to overtime pay. Under NAC § 608.125(2), for salaried employees, the regular rate is calculated by dividing total weekly compensation by hours worked that week.

Is overtime taxed in Nevada?

Overtime pay is subject to federal income taxes. However, under the One Big Beautiful Bill Act (2025–2028), FLSA-covered nonexempt employees may deduct up to $12,500 ($25,000 if married filing jointly) of the premium portion of overtime from federal taxable income. Nevada has no state income tax, so overtime pay is not subject to any state income tax for Nevada residents.

How do I calculate the federal overtime tax deduction?

For time-and-a-half pay, the deductible amount is one-third of total overtime pay. For example, if you earned $6,000 in total overtime pay at time-and-a-half, the qualified overtime compensation is $2,000. The IRS confirms this calculation method in Notice 2025-69. This deduction is claimed on Schedule 1-A of Form 1040.

How do I file an overtime complaint in Nevada?

File a wage claim with the Nevada Office of the Labor Commissioner online at https://labor.nv.gov/About/Forms/FORMS_FOR_EMPLOYEES/ or contact the Las Vegas office at (702) 486-2650 or the Carson City office at (775) 684-1890. Alternatively, file with the U.S. DOL Wage and Hour Division at 1-866-487-9243. The Nevada statute of limitations for overtime claims is 2 years (NRS § 608.260).

Can my employer give comp time instead of overtime pay in Nevada?

No — for private-sector employees. Nevada Administrative Code § 608.125(1) expressly prohibits private-sector employers from substituting compensatory time for overtime wages. Public-sector employers may offer comp time at 1.5 hours per overtime hour under federal law, subject to caps of 240 hours (or 480 hours for public safety/emergency employees).

Does working on weekends or holidays count as overtime in Nevada?

No. Under both the FLSA and Nevada law, working on weekends or holidays does not automatically constitute overtime. Overtime depends on total hours worked in the workweek (or, for eligible employees, in the 24-hour workday), regardless of which days those hours occurred.

What is the 4/10 schedule exception in Nevada?

Under NRS § 608.018(1)(b), employees who mutually agree with their employer to work 4 days × 10 hours per day within a scheduled workweek are not entitled to daily overtime for the 9th and 10th hours of each day. If the employer unilaterally alters the schedule, daily overtime may be triggered for hours beyond 8. A 4/10 schedule cannot be imposed by the employer alone — mutual agreement is required.

What happens if my employer doesn’t pay overtime in Nevada?

Employees may recover unpaid overtime wages, liquidated damages equal to the unpaid amount (under FLSA), and reasonable attorney’s fees (NRS § 608.140). The Nevada statute of limitations is 2 years under NRS § 608.260; the FLSA deadline is 2 years (3 years for willful violations).

What is the statute of limitations for overtime claims in Nevada?

Under Nevada law: 2 years from the date of the violation (NRS § 608.260). Under the FLSA: 2 years (3 years if the violation is willful). The longer applicable deadline governs depending on whether the claim is brought under state or federal law.

Can my employer fire me for refusing overtime in Nevada?

In most cases, yes. Nevada is an at-will employment state, and employers may discipline or terminate employees who refuse overtime, unless a written contract, collective bargaining agreement, or specific Nevada law provides otherwise. However, employers cannot retaliate against employees who file overtime wage complaints under 29 U.S.C. § 215(a)(3).

Does Nevada require overtime for agricultural workers?

No. Both the FLSA and Nevada law (NRS § 608.018(3)(k)) exempt agricultural employees from overtime requirements. This is in contrast to states like California and Washington, which have phased in overtime protections for agricultural workers.

Are casino and hospitality workers entitled to overtime in Nevada?

Yes, if they are nonexempt employees covered by the FLSA. Standard casino, hotel, and hospitality workers who earn less than $18.00/hour are entitled to both daily overtime (after 8 hours) and weekly overtime (after 40 hours). Many gaming and hospitality workers are covered by collective bargaining agreements (CBAs) — if the CBA addresses overtime differently than NRS § 608.018, the CBA terms may govern per NRS § 608.018(3)(e).