Nevada Updates Wage and Hour Rules

By: Swen Prior, Theresa Trenholm, and Kaitlyn Stout

Nevada just updated the wage-and-hour playbook, closely aligning with federal law as to what counts as paid time and how overtime is calculated. In response to the Nevada Supreme Court’s October 2025 decision in Amazon.com Services, LLC v. Malloy, during the 36th Special Session, the legislature imported key Portal‑to‑Portal Act exclusions and selected FLSA regulations into NRS 608.016 and permanently aligned certain overtime “regular rate” calculations in NRS 608.018 with FLSA rules, while clarifying pay for specific donning and doffing scenarios.

NRS 608.016 now excludes “hours worked” from the categories recognized by the federal Portal‑to‑Portal Act and FLSA regulations on waiting/on‑call time, preliminary/postliminary activities, training, and travel. It also requires pay for donning/doffing uniforms or PPE (personal protective equipment) when employees may not bring or wear them from home.

NRS 608.018 now aligns overtime “regular rate” calculations for employees paid at or above 1.5x the state minimum wage with specified FLSA regulations, and clarifies a minimum one‑month “representative period” for commissioned retail/service employees.

Employers should promptly update timekeeping, travel/waiting/training policies, and donning/doffing practices to reflect the Portal‑to‑Portal exclusions, and review overtime calculations against the adopted FLSA regular‑rate rules — especially bonus treatment, multiple rates in a week, shift premiums, and allocation/proration.