The rule
| Nevada | |
|---|---|
| Meal period | At least 30 minutes for a continuous 8 hours of work. A break shorter than 30 minutes does not interrupt the continuous period (NRS 608.019) |
| Meal pay | The meal period can be an unpaid lunch. If the employee works during it, that time is hours worked and must be paid |
| Rest periods | 10 minutes, paid, for every 4 hours worked or major fraction. None required when the day's total work is under 3.5 hours. In the middle of each work period when practicable |
| Rest periods by hours | 3.5 to under 7 hours: 1. 7 to under 11: 2. 11 to under 15: 3. 15 to under 19: 4. An unpaid lunch does not count toward the hours (NAC 608.145) |
| Waivers | An employee may voluntarily agree to give up a rest or meal period; the employer has the burden to prove the agreement. Employers can also apply to the Labor Commissioner for an exemption based on business necessity |
| Not covered | A workplace where only one person is employed, and employees covered by a collective bargaining agreement |
| Penalties | A violation is a misdemeanor, and the Labor Commissioner may impose an administrative penalty of up to $5,000 per violation (NRS 608.195). Nevada law has no premium-hour remedy like California's |
| Minors | The same break rules as adults. Workers under 16 may work at most 8 hours a day and 40 hours a week (NRS 609.240) |
What 8 continuous hours means
NRS 608.019 says an employer shall not employ someone for a continuous period of 8 hours without permitting a meal period of at least 30 minutes, and that no break shorter than 30 minutes interrupts the continuous period. A 15-minute lunch, or a 30-minute lunch cut short to help a customer, does not reset the count. Schedule the meal inside the shift so no one reaches 8 straight hours without a full 30 minutes off.
The statute sets no fixed clock time for the meal. What matters is that no stretch of 8 continuous hours goes without one. Rest periods are separate: they are paid, counted as hours worked, and should fall in the middle of each work period when practicable.
Voluntary waivers and Labor Commissioner exemptions
Nevada's regulations let an employee voluntarily agree to skip a rest or meal period, but the employer carries the burden of proving that agreement existed. A signed, dated agreement is the practical proof. An employer that needs a broader exception, for example because of staffing, can apply to the Labor Commissioner, who may grant it when business necessity prevents providing the breaks.
Worked example: a 16-person restaurant
On a Saturday, a server works 10:00 a.m. to 8:30 p.m. with a 30-minute unpaid lunch at 2:00 p.m., a host works 5:00 p.m. to 9:00 p.m., and a busser works 6:00 p.m. to 9:00 p.m.
- Server: 10 hours worked. The 2:00 p.m. lunch comes well before 8 continuous hours, and she is owed two paid 10-minute rest periods (7 to under 11 hours).
- Host: 4 hours, so one paid 10-minute rest period and no meal period.
- Busser: 3 hours, under 3.5, so no rest period is required.
- If the server is called back after 20 minutes to run food, the lunch no longer counts as a meal period, she works more than 8 continuous hours without one, and the time spent running food is paid work time.
How to track it
Nevada does not add a premium hour for a missed break, so the record is what matters in a Labor Commissioner investigation: when each shift started, when the 30-minute meal happened and how long it lasted, and whether rest periods were available. If someone chooses to skip a break, keep the signed agreement, because the employer has to prove it.
ClockOut records meal and rest breaks as their own punches. Admins can set company-wide break rules of the form "after X hours worked, a break of at least Y minutes" for meals and rest breaks, and late or missing breaks show up in the manager's exception inbox. Paid rest breaks can stay on the clock, since Nevada counts them as hours worked, while the unpaid lunch is punched out and back in.
Nevada meal and rest breaks FAQ
When does Nevada require a meal break?
Before an employee works 8 continuous hours. The meal period must be at least 30 minutes, and a shorter break does not count as interrupting the 8 hours.
Are rest breaks paid in Nevada?
Yes. Nevada requires a 10-minute rest period for every 4 hours worked or major fraction, and authorized rest periods count as hours worked with no deduction from wages. No rest period is required when the day's work is under 3.5 hours.
Can employees waive meal or rest breaks in Nevada?
An employee may voluntarily agree to give up a rest or meal period, but the employer has to prove the agreement existed, so get it in writing. An employer can also apply to the Labor Commissioner for an exemption based on business necessity.
What is the penalty for a missed break in Nevada?
Nevada has no premium-hour rule like California's. Violating the break statute is a misdemeanor, and the Labor Commissioner may impose an administrative penalty of up to $5,000 for each violation. Any time worked during a missed break must also be paid.
Related pages
Sources, checked September 23, 2026
- Nevada Revised Statutes 608.019: Periods for meals and rest
- Nevada Administrative Code 608.145: Periods for rest and meals
- Nevada Labor Commissioner: Requirements for meals and rest periods
- Nevada Revised Statutes 608.195: Criminal and administrative penalties
- Nevada Revised Statutes 609.240: Hours for children under 16
- U.S. Department of Labor, Fact Sheet #22: Hours worked under the FLSA
This is general information, not legal advice. Rules change; check the linked source.