Nevada is one of the few states with a daily overtime rule. Under Nevada Revised Statutes (NRS) 608.018, an employee who earns less than one and one-half times the state minimum wage must be paid overtime at 1.5 times their regular rate for every hour worked beyond 8 hours in any 24-hour period — not just for hours over 40 in a week. Employees who earn 1.5 times the minimum wage or more are not entitled to this daily overtime; they receive overtime only for hours worked over 40 in a workweek, the same baseline set by the federal Fair Labor Standards Act (FLSA). This pay-rate threshold is the single most important concept in Nevada overtime law, because it decides whether you are owed extra pay after an 8-hour shift or only after a 40-hour week.
How Nevada's two overtime triggers work
Nevada law actually contains two separate overtime obligations, and a covered worker can qualify under either one:
Daily overtime (the 8-hour rule): If your regular wage is below 1.5 times the Nevada minimum wage, you must receive 1.5 times your regular rate for hours worked over 8 within any 24-hour period.
Weekly overtime (the 40-hour rule): All non-exempt employees, regardless of pay rate, must receive 1.5 times their regular rate for hours worked over 40 in a workweek.
You do not get paid twice for the same hour. Employers calculate whichever method produces the correct premium so that no hour is counted as both daily and weekly overtime.
The pay threshold that decides daily overtime
The trigger for daily overtime is tied directly to Nevada's minimum wage. As of 2026, Nevada has a single statewide minimum wage of $12.00 per hour for all employees, following the constitutional amendment (Ballot Question 2 of 2022) that took effect July 1, 2024 and eliminated the prior two-tier system based on whether health benefits were offered. Because the daily-overtime threshold is 1.5 times the minimum wage, that currently works out to roughly $18.00 per hour.
In practical terms: a worker earning below about $18.00 per hour is generally entitled to daily overtime after 8 hours, while a worker earning at or above that figure is not. Minimum wage figures and the resulting threshold can change, so always confirm the current Nevada minimum wage and the exact 1.5x cutoff with the official state source before relying on a specific number. By comparison, the federal FLSA minimum wage is just $7.25 per hour and the FLSA has no daily overtime rule at all — federal law only requires overtime after 40 hours in a week.
The 4-day, 10-hour schedule exception
Nevada's daily overtime rule has an important built-in exception. Daily overtime does not apply if the employee and employer have mutually agreed that the employee will work a scheduled 10 hours per day for 4 calendar days within any scheduled week of work (a "4/10" schedule). Under that arrangement, the first 10 hours each scheduled day are paid at the regular rate. This exception only protects the employer when there is a genuine agreement and the schedule is actually structured that way; hours worked beyond the agreed 10-hour days, or over 40 in the week, still trigger overtime.
Who is exempt in Nevada
Nevada's overtime statute lists categories of workers who are exempt from the daily and/or weekly overtime requirements. Common exemptions under NRS 608.018(3) include:
Bona fide executive, administrative, and professional employees (the "white-collar" exemptions), judged by job duties, not job titles.
Outside salespersons whose earnings are based on commissions.
Employees covered by a collective bargaining agreement that addresses overtime.
Certain retail or service employees who earn more than 1.5 times the minimum wage and whose pay is more than half commission.
Drivers, drivers' helpers, loaders, and mechanics regulated under the federal Motor Carrier Act, and other interstate motor-carrier employees.
Railroad and air carrier employees, and drivers or helpers paid on a trip-rate basis.
Agricultural employees and taxicab or limousine drivers.
Misclassification is one of the most common reasons workers go unpaid. Being labeled "salaried" or "manager" does not automatically make you exempt — the exemption depends on what you actually do and, for the white-collar categories, on meeting the duties tests. Independent-contractor labels are also frequently misused; if the company controls how, when, and where you work, you may legally be an employee entitled to overtime.
How overtime is calculated
Overtime in Nevada is paid at 1.5 times your regular rate of pay. The regular rate is not just your base hourly wage — it generally includes nondiscretionary bonuses, shift differentials, and certain other compensation, divided across the hours worked. For employees paid by salary, commission, or piece rate, the employer must convert that pay into an hourly regular rate to compute the proper overtime premium. Off-the-clock work, pre-shift and post-shift duties, and required training time generally count as hours worked and must be included.
How to recover unpaid overtime in Nevada
Nevada overtime is enforced primarily by the Office of the Labor Commissioner, which is part of the Nevada Department of Business and Industry. If you believe you are owed overtime, you generally have a few avenues:
File a wage claim with the Office of the Labor Commissioner. The agency investigates unpaid-wage and overtime complaints, and you can submit a claim form online or by mail. Keep copies of your pay stubs, time records, and schedules.
File a federal claim. If your situation also violates the FLSA (for example, unpaid weekly overtime over 40 hours), you can file with the U.S. Department of Labor's Wage and Hour Division or pursue a federal lawsuit.
Sue in court. Nevada law allows employees to bring private actions to recover unpaid wages and overtime, and prevailing employees may be able to recover additional amounts and attorney's fees in some circumstances.
Deadlines matter. Wage and overtime claims are subject to statutes of limitations that can run in just a few years, and the time limit varies depending on whether you pursue a state or federal claim and the legal theory involved. The FLSA generally allows 2 years to sue for unpaid overtime, or 3 years for willful violations. Nevada's deadlines differ by claim type, so do not wait — confirm the exact filing deadline with the Office of the Labor Commissioner or a Nevada employment attorney as soon as you suspect a violation, because waiting can permanently cut off the wages you can recover.
It is also illegal for an employer to retaliate against you — by firing, demoting, or cutting your hours — for asserting your right to overtime or filing a wage complaint. If retaliation happens, document it and raise it as part of your claim.
Where to verify Nevada's rules
Because minimum wage figures and the resulting overtime threshold can change, always verify current numbers with the official source. The Office of the Labor Commissioner publishes the current Nevada minimum wage, the daily-overtime pay threshold, annual minimum-wage bulletins, and wage-claim forms. The underlying law is found in NRS Chapter 608, with the overtime provisions in NRS 608.018. For federal overtime, consult the U.S. Department of Labor's Wage and Hour Division. When the stakes are significant, a licensed Nevada employment attorney can confirm whether you are exempt, calculate what you are owed, and advise on the deadline that applies to your specific claim.
Official Nevada Sources
This page is based on Nevada employment law. Rules and figures change — verify the current details directly with the official Nevada sources below. This is general legal information, not legal advice.
Federal law and local ordinances may also apply. Federal laws like the Fair Labor Standards Act set a national floor, and your city or county may add protections (such as a higher local minimum wage or paid sick leave). Check both alongside Nevada state law.
Frequently asked questions
Does Nevada require daily overtime after 8 hours?
Yes, for many workers. Under NRS 608.018, an employee who earns less than 1.5 times the Nevada minimum wage must be paid 1.5 times their regular rate for hours worked over 8 in a 24-hour period. Employees earning 1.5 times the minimum wage or more only get overtime after 40 hours in a week.
What is the pay cutoff for daily overtime in Nevada?
The cutoff is 1.5 times the state minimum wage. With Nevada's $12.00 minimum wage as of 2026, that is roughly $18.00 per hour. Workers earning below that are generally entitled to daily overtime; those at or above it are not. Confirm the current figure with the Office of the Labor Commissioner.
Can my employer avoid daily overtime with a 4-day, 10-hour schedule?
Yes, in limited circumstances. If you and your employer mutually agree to a scheduled 10 hours per day for 4 days in a workweek, the first 10 hours each scheduled day are paid at the regular rate. Hours beyond that agreed schedule, or over 40 in the week, still earn overtime.
What overtime rate does Nevada use?
Nevada uses 1.5 times your regular rate of pay for qualifying overtime hours, the same multiplier as the federal FLSA. The regular rate includes more than base pay, such as nondiscretionary bonuses and shift differentials.
Where do I file an unpaid overtime claim in Nevada?
File with the Nevada Office of the Labor Commissioner, part of the Department of Business and Industry. You may also file a federal claim with the U.S. Department of Labor or sue in court. Act quickly, because statutes of limitations can bar older claims.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
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