Nevada Daily Overtime Calculator

Comprehensive Guide to Nevada Daily Overtime Law (NRS 608.018)

Nevada is one of only three states in the United States—alongside California and Alaska—that enforces a statutory daily overtime rule in addition to the standard federal 40-hour weekly overtime mandate under the Fair Labor Standards Act (FLSA). However, Nevada's overtime framework operates under a distinct, two-tiered statutory structure established by Nevada Revised Statutes (NRS) 608.018.

Under NRS 608.018, whether an employer is legally obligated to pay 1.5 times the regular wage rate for hours worked beyond eight in a single workday depends directly upon the employee's regular hourly wage rate relative to the state minimum wage.

The $18.00 Hourly Wage Threshold Explained

The linchpin of Nevada overtime law is the 1.5 times the minimum wage test. Historically, Nevada maintained a two-tier minimum wage based on whether qualifying health benefits were offered by the employer. However, effective July 1, 2024, under Nevada Constitutional Amendment (Senate Joint Resolution 8), the tiered minimum wage was eliminated, establishing a unified minimum wage of $12.00 per hour for all private employers regardless of healthcare offerings.

Consequently, the daily overtime threshold calculation is straightforward:

• State Minimum Wage: $12.00 per hour
• Statutory Multiplier: 1.5×
• Overtime Threshold Rate: $12.00 × 1.5 = $18.00 per hour

This creates two distinct classes of non-exempt hourly employees in Nevada:

1. Employees Earning Under $18.00/Hour: Entitled to daily overtime pay (1.5× the regular rate) for any hours worked over 8 hours in a 24-hour workday, PLUS overtime pay for any hours worked beyond 40 hours in a single workweek.
2. Employees Earning $18.00/Hour or More: Exempt from statutory daily overtime. These workers are only entitled to overtime pay when total hours worked exceed 40 hours in a 7-day workweek, regardless of whether a single shift lasts 10, 12, or 14 hours.

Definition of a Workday: The 24-Hour Rolling Window

A frequent compliance trap for Nevada employers and payroll administrators is the strict statutory definition of a "workday". Under Nevada Administrative Code (NAC 608.115) and labor commissioner enforcement guidelines, a workday is not defined simply by calendar midnight. Rather, a workday consists of a consecutive 24-hour period beginning at the exact time the employee begins work.

For example, if an employee earning $16.00 per hour starts a shift on Monday at 3:00 PM and works until 11:30 PM (8 hours of work with a 30-minute meal break), their 24-hour workday spans from Monday at 3:00 PM to Tuesday at 3:00 PM. If the employer calls the worker back to work on Tuesday morning at 8:00 AM for another shift, the hours worked between 8:00 AM and 3:00 PM fall within the original 24-hour workday. If the combined total exceeds 8 hours in that 24-hour window, the hours exceeding 8 must be paid at 1.5× overtime, even though the shifts occurred on separate calendar days.

The Mutual 4/10 Schedule Exemption (NRS 608.018(1)(b))

Recognizing the operational benefits of compressed work schedules, the Nevada Legislature incorporated an explicit exception for four-day workweeks. Under NRS 608.018(1)(b), an employer and employee may mutually agree to a schedule consisting of four 10-hour workdays within a single workweek.

Under a valid mutual 4/10 agreement:

• Daily overtime is waived for hours 9 and 10 of each scheduled workday.
• Any hours worked past 10 hours in a single workday must be compensated at 1.5× overtime.
• Any hours worked beyond 40 hours in the workweek (such as working a 5th day) must be compensated at 1.5× overtime.
• Documentation Requirement: The mutual agreement should be documented in writing, signed by both the employee and employer, and retained in payroll records to substantiate the daily overtime waiver during labor audits.

Healthcare 8/80 Schedule Exception (NRS 608.018(2))

In hospital, nursing home, and continuous care medical settings, Nevada law permits healthcare employers to adopt an "8 and 80" overtime system pursuant to agreement. Under an 8/80 agreement, the employer pays overtime for hours worked over 8 in any workday and over 80 hours in a 14-day payroll period, in lieu of standard 40-hour weekly thresholds.

Nevada vs. California Overtime: Key Differences

While both Western states require daily overtime, critical differences exist between Nevada and California labor standards:

• Wage Threshold: California enforces daily overtime for ALL non-exempt employees regardless of their hourly wage. Nevada restricts daily overtime exclusively to employees earning under $18.00/hour.
• Double-Time Pay: California mandates 2.0× double-time pay for hours exceeding 12 in a workday and hours exceeding 8 on the 7th consecutive day. Nevada law has NO statutory double-time requirement; all overtime in Nevada is capped at 1.5×.
• 7th Day Penalties: Nevada does not mandate mandatory overtime simply for working seven consecutive days unless total weekly hours exceed 40 (or daily hours exceed 8 for workers under $18.00/hr).