Employers must pay overtime to their employees, unless the employee is exempt.
What Is Overtime Pay?
Overtime pay is at least 1.5 times an employee’s regular pay rate.
What Are Nevada’s Overtime Laws?
In Nevada, an employee who makes less than 1.5 times the Nevada minimum wage must be paid overtime for any hours worked (1) more than 40 hours in any work week; or (2) more than 8 hours in a 24-hour period. However, this part of the law doesn’t apply to an employee who agrees to work four ten hour shifts. An employee who makes more than 1.5 times minimum wage must be paid overtime for hours more than 40 hours in a week.
Nevada law includes a list of exemptions for certain employees, such as employees in an executive, administrative, or professional position, agricultural employees, taxicab or limousine drivers, and employees of businesses with less than $250,000 in annual sales.
What Does Federal Law Require for Overtime Pay?
The Fair Labor Standards Act requires employers to pay overtime to employees who work more than 40 hours a week. Work on night shifts and on Saturdays, Sundays, and holidays does not automatically count as overtime; it only counts if the work exceeds 40 hours in the week.
Some types of employees are exempt under federal law, such as employees in an executive, administrative, or professional position, farm workers, computer professions, drivers, mechanics, and commissioned sales people. Salaried employees are entitled to overtime if they make less than $23,600, or if they make at least $23,600 and do not fit within one of the exemptions.
Only certain employers are required to pay overtime. These employers include businesses with at least two employees and with annual sales of at least $500,000. Hospitals, businesses providing medical or nursing care, schools, and government agencies are covered. Also, employees who work regularly in the production of goods for commerce between states have a right to overtime pay.
What Can I Do if My Employer Is Not Paying Me Overtime?
You can file a wage claim with the Nevada Labor Commission if your employer owes you overtime wages. You can also file a complaint with the U.S. Department of Labor. Another option is to hire an attorney to file a lawsuit. The Nevada Supreme Court determined that an employee can file a private lawsuit to recover overtime wages based on Nevada law. Employees can file a lawsuit under federal law if they meet the requirements.
If I Win a Lawsuit, to What Am I Entitled?
If you win a lawsuit for overtime pay, then you are entitled to back pay for overtime for up to two years before filing the lawsuit, or three years if the violation was “willful.” Under federal law, you can also be awarded “liquidated damages” equal to the amount in back pay you recover. In other words, if you recover $2,000 in back pay for overtime, then you could receive an additional $2,000 in liquidated damages. However, liquidated damages are not available if the employer reasonably believed it was not violating the law.
Punitive damages are also available if an employer retaliates against you for filing an overtime pay lawsuit. Finally, an employer who loses a lawsuit may have to pay your attorney’s fees and costs.
Applicable laws: Fair Labor Standards Act; NRS 608.018.
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