NEVADA LABOR LAWS
Nevada defers to the FLSA, which requires that all domestics, excluding companions, be paid at no less than the greater of the state or federal minimum wage,
Nevada minimum wage is $8.25/hr, but will increase to $9.25/hr after July 1, 2020. If you offer qualifying health benefits, the minimum wage is $7.25/hr, but will increase to $8.25/hr after July 1, 2020.
All live-out workers are to be paid an overtime differential of 1.5 times the hourly wage for hours over 40 in a 7 day week. Live-out workers paid less than 150% of the NV minimum wage are entitled to daily overtime for hours over 8. Overtime or premium pay is not required for hours worked in excess of 8 per day, unless the aforementioned 150% NV minimum wage entitlement applies. Overtime or premium pay is not required for hours worked on weekends or holidays.
Live-in domestics, again excluding companions, must be paid their hourly wage for all hours worked, without an overtime differential. In Nevada, live-in domestics must also write that they agree to forego overtime pay to be paid at the standard rate.
The Nevada Domestic Workers Bill of Rights (DWBR) requires that you give your employees a day of rest (24 consecutive hours) each week and 48 consecutive hours of rest each month. If an employee chooses to work during their day of rest, all hours worked during that time must be paid at the overtime rate.
Paid Time Off
You are required to provide paid voting leave to employees for whom it is impractical to vote before or after work. What is considered “impractical” can be found here.
The federal government establishes and updates a maximum rate for non-taxable mileage reimbursement each year. The current rate is $0.575 per mile.
Nevada requires that all household workers be paid daily, weekly, bi-weekly or semi-monthly. Pay upon involuntary separation is due immediately; upon resignation on the next scheduled pay date.
Each time you pay an employee, you must give them an itemized list showing the deductions made from their wages.
You must give employees at least 7 days notice before changing their payday or place of payment.
Workers’ Compensation Insurance
Nevada does not require household employers to obtain Workers’ Compensation Insurance. However, HWS ALWAYS recommends obtaining a Workers Compensation Insurance policy for the protection it provides in the event of a work-related injury sustained by your employee. A policy can usually be obtained easily and cost effectively by contacting your Homeowner’s or Renter’s Insurance provider. HWS can help you obtain this insurance through our insurance partner (just give us a call).
Employment Contract Requirements
Nevada has a Domestic Worker Bill of Rights (DWBR) which requires that you provide a written employment agreement at the time of hire outlining wages and benefits in English and a language the employee understands, if not English.
The written agreement must include:
- Your full name and address,
- The employee’s name and a description of their work duties,
- Each place where they are required to work,
- The date that their employment begins,
- The period of notice required for either party to terminate the employment or the date on which the employment will end,
- The ordinary workdays and hours of work for that employee, including breaks,
- Their rate of pay, conditions and rate of overtime pay, and any other payment or benefits that they are entitled to receive, including health insurance, workers’ compensation insurance, or paid leave,
- The frequency and method of pay;
- Any deductions to be made from their wages,
- If they are to reside in the employer’s household, the conditions under which you may enter their designated living space,
- And a notice of all applicable state and federal laws related to employing domestic workers.
A sample work agreement can be found here.
State Unemployment Insurance
Nevada requires a new employer state unemployment insurance tax of 3.0% for the first $32,500 wages paid to each employee. This may vary if you have previous employees.
Frequency of Tax Filings
Nevada requires quarterly tax filings for unemployment insurance taxes and does not have an income tax.
Domestic Workers Bill of Rights (DWBR)
Nevada has a Domestic Worker Bill of Rights (DWBR) which includes requirements about employment contracts, minimum wage, overtime pay, breaks, and other protections for your employees. A summary of DWBR requirements can be found here.