Overtime Pay in Nevada: How NRS 608.018 Differs from California Law
Nevada’s overtime law is unlike any other state’s. NRS 608.018 creates a daily overtime trigger, but only for workers earning below a certain wage threshold. If you work more than 8 hours in a day and your regular rate of pay is less than 1.5 times the state minimum wage, your employer owes you overtime. Miss that detail and you might think you have no overtime rights at all. Many Nevada workers do, and they’re losing money every paycheck because of it.
As a Nevada employment lawyer, I represent workers in Las Vegas and Reno who’ve been shorted on overtime for years. Casino employees pulling 10-hour shifts. Construction workers on job sites in Henderson and North Las Vegas. Hotel housekeepers cleaning rooms at properties along the Strip from before dawn until afternoon. The common thread is an employer that either doesn’t understand Nevada’s unusual overtime structure or understands it perfectly and ignores it anyway.
California workers who move to Nevada are often shocked by the differences. California’s employment law overtime rules are broader, trigger at lower thresholds, and include double-time provisions that Nevada doesn’t have. If you’re working in Nevada and comparing your paycheck to what you’d earn in California, you need to understand both systems.
How Nevada’s overtime law works under NRS 608.018
NRS 608.018 is the core overtime statute. An employer must pay 1.5 times the employee’s regular rate for any hours worked beyond 8 in a workday, but only if the employee’s regular rate of pay is less than 1.5 times the applicable minimum wage.
The wage threshold
Nevada’s minimum wage has been $12.00 per hour for all employees since July 1, 2024. Nevada eliminated the old two-tier system based on employer-provided health benefits. The daily overtime threshold is now 1.5 times the minimum wage, which equals $18.00 per hour.
If your regular rate of pay is at or above the threshold, NRS 608.018 does not require your employer to pay daily overtime. You’d still be entitled to weekly overtime under the federal Fair Labor Standards Act (FLSA), which requires time and a half for hours worked beyond 40 in a workweek. But Nevada’s daily overtime protection wouldn’t apply.
Who this affects
Lower-paid workers get daily overtime protection under this rule, while higher-paid workers only get the FLSA’s weekly overtime. A housekeeper earning $14 per hour at a casino hotel on the Strip gets daily overtime after 8 hours. A pit boss earning $30 per hour doesn’t.
The numbers matter here. The Las Vegas-Henderson-Paradise metro area had about 1.1 million nonfarm jobs as of November 2024, with leisure and hospitality at roughly 28% of that. Most of those hospitality workers earn below the NRS 608.018 threshold and should be getting daily overtime.
Calculating the daily trigger
If you’re below the threshold, hours 1 through 8 in a workday are paid at your regular rate. Starting with hour 8.01, you get 1.5 times that rate. If your regular rate is $14 per hour and you work 10 hours, you earn $14 for the first 8 hours ($112) and $21 for the last 2 hours ($42), totaling $154.
How California’s overtime law compares
California Labor Code section 510 takes a much broader approach. The differences are significant.
Daily overtime in California
California requires time and a half for all hours worked beyond 8 in a workday, regardless of the employee’s wage rate. A software engineer in Irvine earning $80 per hour gets the same daily overtime protection as a restaurant worker in East LA earning $17 per hour. The wage threshold that limits Nevada’s daily overtime simply doesn’t exist in California.
Double time
California provides double-time pay (twice the regular rate) for hours beyond 12 in a single workday and for all hours beyond 8 on the seventh consecutive day of work in a workweek. Nevada has no double-time provision. A 14-hour shift in California pays regular time for 8 hours, time and a half for hours 9-12, and double time for hours 13-14. The same 14-hour shift in Nevada (if below the wage threshold) pays regular time for 8 hours and time and a half for 6 hours.
Weekly overtime
Both states require time and a half for hours beyond 40 in a workweek. In California, this applies to all non-exempt employees. In Nevada under the FLSA, it applies regardless of the NRS 608.018 wage threshold. The weekly rule protects Nevada workers who earn above the daily overtime threshold.
Seventh-day overtime
California requires time and a half for the first 8 hours on the seventh consecutive day of work in a workweek, and double time for hours beyond 8. Nevada has no seventh-day overtime provision. A casino employee in Las Vegas who works seven straight days gets no extra premium for the seventh day under state law unless the hours push past 40 for the week or past 8 in a day (for those below the threshold).
What industries in Nevada are most affected by overtime rules
Casinos and gaming
Casinos operate 24/7. Dealers, slot technicians, cage cashiers, security guards, and maintenance staff work rotating shifts that frequently exceed 8 hours. A dealer at Bellagio or The Venetian who works a 10-hour shift and earns below the threshold gets 2 hours of daily overtime. Some casinos schedule 10-hour shifts as standard (four per week), meaning overtime accrues every single shift for workers below the threshold.
The problem I see most often: casinos misapply the wage threshold. They treat workers earning below $18.00 per hour as if daily overtime does not apply. That error strips overtime from workers who should be getting it.
If you work at a casino and earn less than $18.00 per hour, every hour past 8 in a workday should generally be paid at time and a half unless a specific exemption applies. Ask for your pay stubs and compare the overtime line against the hours you actually worked.
Hospitality and hotels
Hotels along the Las Vegas Strip, on Fremont Street, and in the resort corridor employ housekeepers, front desk staff, bellhops, cooks, and banquet servers. Many earn below the overtime threshold. Extended shifts during conventions, holidays, and major events like CES (over 100,000 attendees each January) push hours beyond 8 daily.
I represented a housekeeper at a property near Las Vegas Boulevard and Flamingo Road. Scheduled for 8-hour shifts, she routinely worked 9 to 10 hours because of room turnover during conventions. Her employer paid straight time. Over two years, the unpaid overtime totaled more than $8,000.
Construction
Las Vegas and Reno have booming construction from new resorts, residential expansion in areas like Summerlin and Inspirada, and infrastructure projects along I-15 and US-95. Construction workers regularly work 10 to 12 hours daily, especially in summer when daylight allows longer shifts. Many laborers and apprentices earn below the overtime threshold and aren’t receiving the daily overtime they’re owed.
NRS 608.018 applies to construction workers like any other employee. General contractors and subcontractors who claim that “overtime is built into the hourly rate” are violating the law. Overtime must be separately calculated and paid at 1.5 times the regular rate.
Healthcare
Hospitals and medical facilities run 24/7. Nurses and medical staff at UMC (University Medical Center) in Las Vegas, Renown Regional Medical Center in Reno, and facilities statewide work 12-hour shifts as standard. Nurses are typically exempt from daily overtime under NRS 608.018 because their wages exceed the threshold. Lower-paid healthcare workers (CNAs, medical assistants, housekeeping, dietary) often earn below the threshold and work shifts that trigger daily overtime.
What exemptions apply to Nevada overtime
Not every worker qualifies for overtime, even if they earn below the wage threshold.
FLSA exemptions
The federal FLSA exempts certain categories of workers from overtime requirements. Executive, administrative, professional, outside sales, and certain computer employees who meet specific salary and duties tests are exempt. As of 2024, the salary threshold for the executive, administrative, and professional exemptions is $684 per week ($35,568 annually). A proposal to increase this threshold was vacated by a federal court in late 2024, so the $684 figure remains in effect.
NRS 608.018 exemptions
Nevada’s statute has its own exemptions. Under NRS 608.018(3), these categories don’t qualify for overtime:
- Employees covered by a collective bargaining agreement that provides for overtime
- Mechanics working primarily on motor vehicles
- Employees of non-profit religious, charitable, or educational organizations
- Casual babysitters and domestic service workers in certain situations
- Agricultural employees
- Certain employees in small businesses (fewer than two employees at any one time in the current and preceding calendar years)
The exemptions are specific. If your employer claims you’re exempt, verify which exemption applies and whether you actually meet its requirements.
Misapplied exemptions
Employers frequently misclassify workers as exempt to avoid overtime. A “manager” title doesn’t make someone exempt. The executive exemption under the FLSA requires that the employee’s primary duty is managing the enterprise or a department, the employee directs at least two full-time employees, and has authority to hire and fire.
A restaurant shift supervisor on the Strip who spends 80% of their time cooking, serving, and cleaning isn’t doing executive work regardless of title. That person should be classified as non-exempt and paid overtime.
Check your job duties against the exemption criteria. If your employer says you’re exempt but your actual work doesn’t match the legal definition, you may be owed years of unpaid overtime.
How to calculate what you’re owed in Nevada
Step one: determine your rate
Identify your regular rate of pay. If you’re paid hourly, that’s your hourly rate (plus any non-discretionary bonuses or other compensation that must be factored in). If you’re paid a salary, divide the salary by the number of hours the salary is intended to cover to get the hourly equivalent.
Step two: check the threshold
Compare your regular rate to 1.5 times Nevada’s minimum wage. Since the state minimum wage is $12.00 per hour, the daily overtime threshold is $18.00 per hour. If you’re below that threshold, NRS 608.018 daily overtime applies unless a statutory exemption covers your job.
Step three: count your hours
Review your time records day by day. Every day you worked more than 8 hours, calculate the overtime hours (total hours minus 8). Then calculate the overtime owed (overtime hours multiplied by 0.5 times your regular rate, since the regular rate was already paid for those hours).
Step four: add weekly overtime
Under the FLSA, count total weekly hours. For any week where you exceeded 40 hours, calculate the additional overtime. Be careful not to double-count hours that were already paid as daily overtime under NRS 608.018. The daily and weekly calculations interact, and getting this right requires attention to the specific hours worked each day and the total for the week.
Step five: account for liquidated damages
Under the FLSA, employees owed overtime can recover liquidated damages equal to the unpaid amount, effectively doubling the recovery. Employers can avoid this only by proving good faith and reasonable grounds to believe their pay practices were lawful. Most can’t meet that burden.
Under NRS 608.195, waiting time penalties may apply if the employer willfully failed to pay wages.
What are the deadlines for filing an overtime claim in Nevada
State claims
File claims under NRS 608.018 with the Nevada Office of the Labor Commissioner. Nevada doesn’t specify a precise statute of limitations for wage claims filed with the Labor Commissioner the way California does. The general statute of limitations for contractual claims is six years under NRS 11.190(1)(b). Tort claims, including statutory wage claims in court, have varying periods. Consult an attorney to confirm your specific deadline.
Federal claims
FLSA overtime claims have a two-year statute of limitations for non-willful violations and three years for willful ones. 29 U.S.C. section 255(a) governs the timeline. If your employer knew it was violating overtime law or showed reckless disregard, the three-year period applies.
Where to file
File with the Nevada Office of the Labor Commissioner (Las Vegas office at 3300 W. Sahara Avenue, Suite 225, or Reno office at 1818 E. College Parkway). For lawsuits, state claims go to the Eighth Judicial District Court in Clark County or Second Judicial District Court in Washoe County. Federal FLSA claims go to the U.S. District Court for the District of Nevada.
The federal courthouse at 333 Las Vegas Boulevard South handles southern division cases. The Bruce R. Thompson Courthouse at 400 South Virginia Street in Reno handles the northern division.
Don’t wait. If you’ve been underpaid for overtime, every month shrinks your recovery period. Mark your calendar and act before the oldest violations fall outside the limitations period.
What records should you keep
Your own time log
Nevada employers are required to keep accurate payroll records under NRS 608.115, but that doesn’t mean they do. Keep your own log. Record start time, end time, and break periods for every shift. Use a notes app or spreadsheet. Consistency matters.
Pay stubs
Save every pay stub. Download and save copies if your employer provides electronic access. Pay stubs should show hours worked, rate, overtime hours, overtime rate, and deductions. If overtime hours are missing despite working more than 8 hours in a day, that’s evidence of violation.
Communications about scheduling
Save texts, emails, and app notifications about schedule changes, overtime shifts, or late requests. A text from a manager saying “Need you to stay until midnight, sorry” when your shift ends at 3 p.m. is direct evidence of hours beyond 8.
Exemption documentation
Keep any documents your employer uses to justify not paying overtime: job descriptions, exemption notices, manager title documents, collective bargaining agreements, or written explanations from payroll. Nevada’s old health-benefit wage split no longer controls the threshold, but employers still misclassify workers as exempt to avoid daily overtime.
How overtime works for tipped employees in Nevada
Nevada’s tip rules
Unlike some states, Nevada has no separate “tipped employee” minimum wage below the standard. Tips supplement income but don’t reduce the base wage employers must pay. A casino, bar, or restaurant cannot use tips to push a worker above the daily overtime threshold.
Overtime calculations for tipped workers
The regular rate for overtime must include the full minimum wage plus any additional hourly compensation. Tips aren’t included in the regular rate for overtime under the FLSA. A tipped employee earning $12.00 base (no health benefits) who works 10 hours gets overtime on the $12.00 rate. Tips earned during the shift are separate.
The confusion casinos exploit
Some casino employers argue that tipped employees (dealers, bartenders, servers) earn well above the threshold when tips are included, so they shouldn’t get daily overtime. That argument fails. The NRS 608.018 threshold is based on regular rate of pay, not total compensation including tips. If a dealer’s base rate is below $18.00 per hour, daily overtime applies regardless of tip income.
If you’re a tipped worker in a casino or restaurant with base pay below the threshold, you get daily overtime after 8 hours. Check your pay stubs to confirm overtime is calculated on your hourly rate, not reduced by tips.
What happens if your employer retaliates for an overtime complaint
NRS 608.140 prohibits employer retaliation against employees who file wage complaints or exercise rights under NRS 608. If you complain about unpaid overtime and your employer cuts hours, changes your schedule, demotes, or fires you, that’s retaliation. Workers misclassified as contractors may have additional claims, as explained in our post on independent contractor vs. employee in Nevada.
Your rights
File a retaliation complaint with the Nevada Office of the Labor Commissioner. Remedies include reinstatement, back pay, and damages. You can also sue for compensatory damages, punitive damages, and attorney’s fees.
Practical protection
Before filing an overtime complaint, document your current working conditions, schedule, and pay rate. If those change after you complain, the contrast between pre- and post-complaint treatment is powerful evidence of retaliation.
How Mister Wolf P.C. handles Nevada overtime cases
We analyze overtime claims by reviewing time records and pay history, calculating the threshold, and determining whether daily overtime (NRS 608.018), weekly overtime (FLSA), or both apply. Most Nevada cases involve both state and federal claims, and proper structure maximizes recovery.
We file overtime claims with the Nevada Office of the Labor Commissioner and in the Eighth Judicial District Court in Clark County. For FLSA claims, we file in U.S. District Court for the District of Nevada. In multi-plaintiff cases, we pursue FLSA collective actions that let similarly situated workers at the same employer join and recover unpaid overtime together.
If you work in Nevada and put in more than 8 hours daily without overtime on your pay stub, pull your last four pay stubs and compare listed hours to what you actually worked. Calculate 1.5 times the applicable minimum wage and compare it to your rate. If you’re below the threshold and not getting daily overtime, call Mister Wolf P.C. with your pay stubs and time records. We’ll run the numbers and tell you what you’re owed.