Understanding Nevada Overtime Rules with Time and Attendance

As outlined below, Nevada has certain state specific requirements for employers regarding overtime calculation and eligibility. Please note that this page is only meant to act as part of a collection of resources for your company, and that Zenefits will not be able to provide any advice or guidance on what is considered compliant. Please see this FAQ page provided by the Nevada Office of the Labor Commissioner for additional information regarding Nevada overtime requirements.

  • Overtime eligibility is determined based on how much an employee earns compared to the Nevada minimum wage.  
  • Nevada has a two tier minimum wage system, and employers who offer health benefits to their employees that constitute Nevada qualifying health benefits are entitled to pay a lower minimum wage.
  • For the purposes of overtime calculation, instead of a calendar day, Nevada defines an employee workday as the consecutive 24- hour  period that begins at the employee's first clock-in or punch in that period.
  • Employees earning less than 1 .5X minimum wage are entitled to overtime for any time worked over 8 hours in a 24-hour workday.  Employees earning more than 1 .5X minimum wage are entitled to time worked over 40 hours in a week.
  • Specific employees can be exempt from the overtime regulation

What are Nevada Qualifying Health Benefits?

Nevada’s definition of what is considered a qualifying health benefit under Nevada’s regulations can be found in Nevada Administrative Code Sections 608.102 and 608.104 on this page.

Due to these regulations, Zenefits has added a Nevada specific overtime setting in your Time & Attendance app. Please note that only Full Company Admins and Time Admins will have access to these settings.

  1. Open the Time & Attendance app from your Zenefits admin dashboard.
  2. Click on the People tab from the top navigation bar, then select a worker.
  3. Click the Overtime tab in the popover window. 
  4. Uncheck the Use Company Defaults box at the bottom of the popover window, then click the pencil icon to edit.
  5. Under the Nevada Overtime section, choose whether or not you offer Nevada Qualifying Health Benefits.
  6. Save.
Any changes to a past timesheet for someone who is located in Nevada will not result in any changes to timesheets or pay periods moving forward. While Zenefits will allow you to edit past timesheets for compliance purposes, it will not alter any calculations for any pay periods after the edited one. 

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