How overtime works in Nevada

This guide assumes you already know the federal baseline: the Fair Labor Standards Act (FLSA) sets a nationwide floor of time-and-a-half after 40 hours in a workweek, with no federal daily trigger. If you need that baseline first, see the federal FLSA overtime guide — it is not repeated here. Everything below is what Nevada adds on top of that floor.

Nevada’s overtime rule comes from NRS 608.018, administered by the Nevada Office of the Labor Commissioner. Unlike a state that gives every nonexempt employee the same daily trigger, Nevada splits its workforce in two by wage: whether an employee gets a daily overtime trigger at all depends on how much that employee is already paid, relative to Nevada’s minimum wage. That wage-based gate is the whole shape of Nevada’s divergence from the federal floor.

Nevada’s minimum wage is a single, unified $12.00 per hour— the two-tier system that once set a lower rate for employers offering qualifying health benefits was eliminated by voter-approved Ballot Question 2, effective 1 July 2024. NRS 608.018 tests each employee’s regular wage rate against 1.5 times that minimum wage — currently $18.00 per hour — to decide which of two overtime regimes applies to them:

A “workday” here is not a fixed calendar day. NRS 608.0126 defines it as “a period of 24 consecutive hours which begins when the employee begins work” — a rolling 24-hour window keyed to each shift’s start time, not midnight-to-midnight. A “week of work” is, correspondingly, 7 consecutive 24-hour periods, which an employer may fix company-wide or calculate per employee.

The daily trigger for below-threshold employees has one built-in escape valve. NRS 608.018(1)(b) does not apply the 8-hour daily rule where “by mutual agreement the employee works a scheduled 10 hours per day for 4 calendar days within any scheduled week of work.” Where the employee and employer have agreed to that specific 4x10 schedule, the daily trigger is suspended for those 10-hour days — overtime then only follows the ordinary 40-hour weekly test (or resumes on the daily test for hours beyond the agreed 10, if a day runs longer still). This exception only reaches employees who are already below the wage gate — it does not extend the daily rule to anyone above it, since those employees never had a daily trigger to suspend.

NRS 608.018(3) lists sixteen categories of employees to whom neither the daily nor the weekly test in this section applies. Several are named specifically because they carry their own federal or industry-specific overtime treatment; others turn on how the employee is paid or the size of the business:

Take one employer running the identical Monday-to-Friday schedule for two nonexempt employees — 9.0 hours Monday through Thursday and 4.0 hours Friday, 40.0 hours total for the week, never crossing the 40-hour weekly mark:

Employee A, paid below the $18.00 gate, is tested against both the daily and weekly triggers. Each of the four 9.0-hour days crosses the 8-hour daily mark by 1.0 hour:

Had Employee A instead mutually agreed to a scheduled 10-hour, 4-day workweek — say, 10.0 hours Monday through Thursday and no Friday shift, 40.0 hours total — NRS 608.018(1)(b)’s exception would suspend the daily trigger for those agreed 10-hour days. The week would then be tested only against the 40-hour weekly mark, which it does not exceed, producing zero overtime for Employee A as well. The wage gate decides whether the daily test applies at all; the mutual-agreement schedule decides whether that daily test, once it applies, is switched off for an agreed longer day.

A daily overtime trigger that applies to some employees and not others, purely because of what each one is paid, is exactly the kind of rule that gets missed when overtime is worked out by hand across a mixed-wage team. In A Tick models Nevada’s rules as configured region rules, and its overtime calculation engine checks each employee’s own wage rate against the current threshold and runs the correct test — daily and weekly, or weekly alone — against the actual clock times logged for the week, deterministically, so the same timesheet always produces the same result. Pay is never left to guesswork or to AI.

What In A Tick enforces regardless of which employees the daily trigger reaches: accurate capture of the hours actually worked from real clock times, a complete audit trail of how every figure was reached, and a deterministic, payroll-ready calculation you can hand to whoever runs pay.