Increased State Minimum Wage Impacts Daily Overtime Rate in Nevada – SHRM

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​Many employers with business operations in Nevada are aware by now that Assembly Bill 456, enacted in June 2019, increases the minimum wage in increments of 75 cents annually on July 1 of each year through 2024.
Thus, beginning on July 1, the Nevada minimum wage rate increased to $10.50 per hour for employees who are not offered qualified health benefits under the state’s two-tiered minimum wage system.
The minimum wage rate increased to $9.50 per hour for employees who are offered qualified health benefits.
Nevada employers may want to note that an increase in the minimum wage rate brings an automatic increase in the daily overtime rate, as well.
Given the current minimum wage rate of $10.50 per hour, Nevada employers that pay their employees less than $15.75 per hour (or $14.25 per hour for employers that offer qualified health benefits) must pay employees daily overtime for time worked over eight hours in a workday or 40 hours in a week. Nevada Revised Statutes section 608.0126 defines workday as "a period of 24 consecutive hours, which begins when the employee begins work." This is different from the typical 24-hour period in a calendar day.
Employees earning more than 1.5 times the applicable minimum wage are not required to be paid daily overtime, but they are entitled to overtime pay for hours worked over 40 in a week. The only exception is if "by mutual agreement the employee works a scheduled 10 hours per day for four calendar days within any scheduled week of work." However, any deviations from the 4-10 rule could cause overtime to accrue.
This is the first time that employers in Nevada that pay employees a wage of $15.00 per hour will be subject to daily overtime.
Due to these minimum wage increases, Nevada employers may want to assess whether their employees will now qualify for daily overtime compensation, how this daily overtime compensation will impact their businesses, whether it makes financial sense to increase hourly rates to avoid daily overtime payments, and whether they have the proper procedures in place to track hours worked
Two-Tiered Minimum Wage System
Under Nevada’s two-tiered minimum wage system, employers must pay their employees the higher minimum wage rate unless they provide qualified health benefits to their employees (both part-time and full-time). In particular, in order for an employer to qualify to pay the lower minimum wage rate, that employer must do three things:

Dana B. Salmonson is a lawyer with Ogletree Deakins in Las Vegas. © 2022. All rights reserved. Reprinted with permission. 
Members may download one copy of our sample forms and templates for your personal use within your organization. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organization’s culture, industry, and practices. Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRM’s permission. To request permission for specific items, click on the “reuse permissions” button on the page where you find the item.
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