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nevada overtime
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nevada overtime
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
I understand that in NV an ER must pay OT over 8 hours a day (not just over 40 in a week) if an EE earns less than 1.5 times the state min. wage which is currently $6.55 per hour with insurance and $7
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nevada overtime

posted at 8/28/2009 8:02 AM EDT
Posts: 94
First: 2/7/2008
Last: 3/21/2011
I understand that in NV an ER must pay OT over 8 hours a day (not just over 40 in a week) if an EE earns less than 1.5 times the state min. wage which is currently $6.55 per hour with insurance and $7.55 per hour without insurance.
I believe that "insurance" is defined as a health insurance plan providing coverage for employees and their dependents with a cost to the employee not exceeding 10% of the employee's gross taxable income. My question is this: Is it the combined cost of the EE and dependents' premium that must not exceed 10% of gross income? Thank you.
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nevada overtime

posted at 8/28/2009 9:08 AM EDT
Posts: 155
First: 8/24/2009
Last: 2/9/2010
From the Statute (I simply Googled Overtime in Nevada)

NRS 608.018 Compensation for overtime: Requirement; exceptions.

1. An employer shall pay 1 1/2 times an employees regular wage rate whenever an employee who receives compensation for employment at a rate less than 1 1/2 times the minimum rate prescribed pursuant to NRS 608.250 works:

(a) More than 40 hours in any scheduled week of work; or

(b) More than 8 hours in any workday unless by mutual agreement the employee works a scheduled 10 hours per day for 4 calendar days within any scheduled week of work.

2. An employer shall pay 1 1/2 times an employees regular wage rate whenever an employee who receives compensation for employment at a rate not less than 1 1/2 times the minimum rate prescribed pursuant to NRS 608.250 works more than 40 hours in any scheduled week of work.

3. The provisions of subsections 1 and 2 do not apply to:

(a) Employees who are not covered by the minimum wage provisions of NRS 608.250;

(b) Outside buyers;

(c) Salesmen earning commissions in a retail business if their regular rate is more than 1 1/2 times the minimum wage, and more than one-half their compensation comes from commissions;

(d) Employees who are employed in bona fide executive, administrative or professional capacities;

(e) Employees covered by collective bargaining agreements which provide otherwise for overtime;

(f) Drivers, drivers helpers, loaders and mechanics for motor carriers subject to the Motor Carrier Act of 1935, as amended;

(g) Employees of a railroad;

(h) Employees of a carrier by air;

(i) Drivers or drivers helpers making local deliveries and paid on a trip-rate basis or other delivery payment plan;

(j) Drivers of taxicabs or limousines;

(k) Agricultural employees;

(l) Employees of business enterprises having a gross sales volume of less than $250,000 per year;

(m) Any salesman or mechanic primarily engaged in selling or servicing automobiles, trucks or farm equipment; and

(n) A mechanic or workman for any hours to which the provisions of subsection 3 or 4 of NRS 338.020 apply.

(Added to NRS by 1975, 1583; A 1977, 1373; 1985, 578; 2003, 1742; 2005, 2520)



Don Herrmann
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nevada overtime

posted at 8/28/2009 10:41 AM EDT
Posts: 94
First: 2/7/2008
Last: 3/21/2011
Thank you. I have that information. However, the minimum wage has two tiers-with insurance and without. http://www.laborcommissioner.com/faqs.htm
I was a bit confused about the insurance requirement. We offer health insurance to both the EE and dependents but only contribute to the EE's premium. If the dependents are added, it could well exceed 10% of the gross income.
I had to investigate whether "insurance" was indeed health insurance and in doing so, found this: Employers providing a qualified health insurance plan (defined as one providing coverage for employees and their dependents with a cost to the employee not exceeding 10% of the employee's gross taxable income)...

MarcNV, any insight?
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