Nevada Overtime Laws 2026

Federal FLSA requirements, Nevada-specific overtime rules, exempt employee classifications, and how to calculate and protect your overtime pay.

Last updated: April 2026 · Data: IRS, BLS, state sources

Note: This guide is for informational purposes only. Information is current as of 2026 but may change. Always verify with official government sources or a qualified employment attorney.

Federal FLSA Overtime Requirements

The Fair Labor Standards Act (FLSA) requires covered employers to pay non-exempt employees at least 1.5 times their regular rate of pay for all hours worked over 40 in a single workweek. This is commonly called "time and a half." The FLSA sets the federal floor for overtime protections; states can and often do provide stronger rules.

A "workweek" under the FLSA is any fixed, regularly recurring 168-hour period (seven consecutive 24-hour days). Overtime is calculated per workweek, not per pay period. You cannot average hours across two weeks to avoid overtime pay.

The FLSA does not require overtime for work on weekends or holidays unless those hours push the weekly total above 40. Extra pay for weekend or holiday work is a matter of employer policy or employment contract, not federal law.

Nevada State Overtime Rules

Nevada requires daily overtime for employees earning less than 1.5 times the state minimum wage, in addition to the federal 40-hour weekly threshold.

  • Daily overtime (lower-wage workers): 1.5x for hours beyond 8 in a day, for employees earning less than 1.5x the Nevada minimum wage ($12.00 x 1.5 = $18.00/hour threshold in 2026)
  • Weekly overtime: 1.5x for hours beyond 40 in a workweek (applies to all covered workers)

Calculation example: A Nevada worker earning $14/hour (below the $18 threshold) who works 10 hours in one day earns: (8 x $14) + (2 x $21) = $112 + $42 = $154 for that day.

Overtime Pay Calculation

For hourly employees: multiply the regular hourly rate by 1.5, then multiply by the number of overtime hours.

Example: A worker in Nevada earning $18/hour who works 48 hours in a week:

  • Regular pay: 40 hours x $18 = $720
  • Overtime rate: $18 x 1.5 = $27/hour
  • Overtime pay: 8 hours x $27 = $216
  • Total weekly pay: $936

For salaried non-exempt employees, divide the weekly salary by actual hours worked to determine the regular rate, then pay 0.5x that rate for each overtime hour (since the salary already covers the straight-time portion).

Exempt vs. Non-Exempt Employees

Not all employees are entitled to overtime pay. Employees classified as "exempt" under the FLSA's white-collar exemptions are not covered. To qualify for an exemption, employees must generally meet both a salary test and a duties test.

Salary threshold (2026): Exempt employees must earn at least $684 per week ($35,568 annually). Highly compensated employees earning $107,432+ are exempt if they perform at least one executive, administrative, or professional duty.

The three main white-collar exemptions:

  • Executive: Primary duty is managing the business or a recognized department; directs two or more employees; has authority to hire or fire.
  • Administrative: Primary duty is office/non-manual work related to management; exercises discretion and independent judgment on significant matters.
  • Professional: Work requires advanced knowledge in a field of science or learning, or in a recognized creative/artistic field.

How to Report an Overtime Violation in Nevada

If you believe your employer has violated overtime laws, you have several options:

  • File a complaint with the U.S. Department of Labor (Wage and Hour Division) at dol.gov/agencies/whd. The WHD investigates complaints and can recover back wages plus equal liquidated damages.
  • File a lawsuit in federal or state court. The statute of limitations is 2 years for non-willful violations and 3 years for willful violations.
  • Contact the Nevada Department of Labor for state-level enforcement of any additional Nevada overtime protections.

Employers who are found to have willfully violated overtime laws may also face civil money penalties up to $2,074 per violation.

Calculate Your Nevada Overtime Pay

Use our free overtime calculator to compute exact overtime pay for hourly and salaried workers in Nevada, including state-specific rules where applicable.

Open Nevada Overtime Calculator

Frequently Asked Questions

Is overtime based on daily or weekly hours in Nevada?

Under both federal FLSA and Nevada state law, overtime is triggered by both daily and weekly thresholds. Nevada requires daily overtime for employees earning less than 1.5 times the state minimum wage, in addition to the federal 40-hour weekly threshold.

Can my employer give me comp time instead of overtime pay?

Private-sector employees covered by the FLSA must receive cash overtime pay. Comp time in lieu of overtime is only permitted for state and local government employees. Private employers who substitute comp time for overtime pay are violating the FLSA, and any such agreement is unenforceable.

Does Nevada have daily overtime rules?

Nevada requires daily overtime for employees earning less than 1.5 times the state minimum wage, in addition to the federal 40-hour weekly threshold. A Nevada worker earning $14/hour (below the $18 threshold) who works 10 hours in one day earns: (8 x $14) + (2 x $21) = $112 + $42 = $154 for that day.

Disclaimer: This tool is for informational purposes only and does not constitute financial, tax, legal, or professional advice. Data is sourced from IRS publications, Bureau of Labor Statistics, and official state sources as of April 2026. Always consult a qualified licensed professional before making financial or legal decisions.