Exemptions: Overtime & minimum wage - Nevada

Summary of differences between federal and state regulations

Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional, and outside sales employees. Section 13(a)(1) and Section 13(a)(17) also exempt certain computer employees.

To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $684 per week. Job titles do not determine exempt status. In order for an exemption to apply, an employee’s specific job duties and salary must meet all the requirements of the Department’s regulations.

These salary minimum does not apply to outside sales employees, teachers, and employees practicing law or medicine. Exempt computer employees may be paid at least $684 on a salary basis or on an hourly basis at a rate not less than $27.63 an hour.

Nevada Revised Statute (NRS) 608.250 had listed the following categories of workers as exempt from minimum wage provisions: casual babysitters, in-house domestics, outside commissioned sales people, certain agricultural employees, and taxi and limo drivers. However, the state Supreme Court ruled on June 26, 2014 (in the case of Thomas v. Nevada Yellow Cab) that the state constitution limits the minimum wage exemption to employees under age 18 who either work for a nonprofit organization or who are employed in the first 90 days as a trainee. The court struck down the minimum wage exemptions listed in NRS 608.250.

In addition, some individuals are exempt from the Nevada overtime provisions according to NRS 608.018:  outside buyers, commissioned sales people in retail businesses, individuals in executive, administrative or professional positions, drivers, drivers' helpers, loaders and mechanics for motor carriers, railroad and airline employees, drivers and drivers' helper who make local deliveries, taxi and limo drivers, agricultural workers, any sales people and mechanics who are employed by car, truck or farm equipment dealerships.

This statute does not explicitly list outside sales employees. Rather, it exempted them from overtime on the basis that they were “not covered by the minimum wage provisions of NRS 608.250.” Since that statute was struck down, there may be some question of whether an outside sales employee is now eligible for overtime. Further guidance may be issued, or the Nevada law could be revised, or the statutory reference to the struck-down provision may be deemed to retain the overtime exemption even though the minimum wage exemption is no longer valid.

State

Contacts

Nevada Department of Business & Industry

Office of Labor Commissioner

Regulations

Nevada Revised Statutes
Title 53—Labor and Industrial Relations
Chapter 608 - Compensation, Wages and Hours
NRS 608.018 Compensation for overtime: Requirement; exceptions

www.leg.state.nv.us/NRS/NRS-608.html

Federal

Contact

The Department of Labor is the federal agency that monitors hours worked.

Regulations

Regulations for exempt employees can be found in CFR 29 Part 541, Defining And Delimiting The Exemptions For Executive, Administrative, Professional, Computer And Outside Sales Employees