The rule
| Nevada | |
|---|---|
| Weekly threshold | Over 40 hours in any scheduled week of work: 1.5 times the regular rate, for every nonexempt employee |
| Daily threshold | Over 8 hours in a workday: 1.5 times the regular rate, but only for employees paid less than 1.5 times the minimum wage |
| 2026 daily overtime cutoff | $18.00 an hour (1.5 times the $12.00 minimum wage). Staff paid $18.00 or more get weekly overtime only |
| Workday | A period of 24 consecutive hours that begins when the employee begins work (NRS 608.0126), not midnight |
| Four 10-hour days | By mutual agreement, a scheduled 10 hours a day on 4 calendar days in the week removes the 8-hour trigger for an employee who regularly works that schedule |
| Comp time | Not allowed in place of overtime pay (NAC 608.125) |
| Exemptions | Executive, administrative, and professional employees; businesses with gross sales under $250,000 a year; certain commissioned retail and service staff; staff under a union contract that provides otherwise; agricultural workers; taxi and limousine drivers; and others listed in NRS 608.018 |
Two groups of hourly staff
Nevada splits hourly employees by pay rate. Anyone paid less than 1.5 times the minimum wage gets overtime after 8 hours in a workday and after 40 hours in a week. Anyone paid at or above that line gets overtime only after 40 hours in a week. The Labor Commissioner's 2026 daily overtime bulletin puts the line at $18.00 an hour, based on the $12.00 minimum wage.
A raise can change which rule applies. A cook who moves from $17.50 to $18.00 an hour stops earning daily overtime on 9-hour shifts, though weekly overtime still applies. For staff at or above the line, NRS 608.018 applies the federal regular-rate rules to weekly overtime, so shift differentials and nondiscretionary bonuses go into the rate.
The workday starts when the shift starts
Nevada defines a workday as 24 consecutive hours beginning when the employee begins work. That makes back-to-back closing and opening shifts risky for staff under $18.00. An employee who works 2 p.m. to 10 p.m. Monday and 8 a.m. to 4 p.m. Tuesday has worked 14 hours inside the workday that began Monday at 2 p.m., so hours past 8 in that window can be daily overtime even though each calendar day shows 8.
Four 10-hour days
The daily rule does not apply when the employee and employer mutually agree to a schedule of 10 hours a day on 4 calendar days in the week. The Labor Commissioner applies the exception to employees who regularly work that schedule. Under Advisory Opinion AO-2025-01, a regular 4x10 employee under the daily overtime line earns daily overtime after 10 hours in a workday. If the employer departs from the schedule, for example by sending the employee home early on another day, the week can lose the exception and daily overtime after 8 hours can apply to the long days. If the employee asks to flex hours and the week stays at 40, no daily overtime is owed.
Worked example: a 14-person cleaning company
A cleaner paid $16.50 an hour and a crew lead paid $19.00 an hour work the same week: 10, 10, 8, 6, and 4 hours, 38 hours in total. Neither has a 4x10 agreement.
- The cleaner is under $18.00, so the 2 hours past 8 on Monday and Tuesday are daily overtime: 4 hours at $24.75 (1.5 times $16.50) is $99. The other 34 hours are $561. Gross: $660, or $33 more than a weekly-only payroll would pay.
- The crew lead is over $18.00, so the long days earn no daily overtime and the week is under 40: 38 hours at $19.00 is $722.
- Same schedule, different rules. The pay rate on file decides which one applies.
How to track it
Nevada's daily rule depends on two facts a weekly total does not show: each employee's pay rate against the $18.00 line, and the hours inside each 24-hour workday. NRS 608.115 also requires wage records that show hours worked per day, kept for 2 years.
ClockOut stores every punch with a timestamp, totals hours by the company's workweek, warns managers when someone is projected to pass 40 hours, and shows daily and weekly hours in timesheets and payroll exports (CSV, Gusto, ADP, QuickBooks). On Pro, a work rule set can follow Nevada's daily rule: it counts the workday as the 24 hours from the first clock-in (NRS 608.0126) instead of the calendar date, and applies overtime after 8 hours only to people paid under an hourly rate you set, such as $18.00. A second set with daily overtime after 10 hours can cover staff under the line who work an agreed 4x10 schedule. The manager still assigns the right people to each set, updates the rate when the Labor Commissioner publishes a new line, and handles anyone whose pay crosses $18.00 in the middle of a pay period or whose 4x10 week departs from the schedule. Without a rule set, overtime settings apply to the whole company, so add daily overtime by hand, from the daily hours, for staff under $18.00, and check closing-then-opening shifts yourself.
Nevada overtime FAQ
Who gets daily overtime in Nevada in 2026?
Nonexempt employees paid less than $18.00 an hour, which is 1.5 times Nevada's $12.00 minimum wage. They earn time and a half after 8 hours in a workday and after 40 hours in a week. Employees paid $18.00 or more earn overtime after 40 hours in a week only.
How does the four 10-hour day exception work?
If the employee and employer mutually agree to a regular schedule of 10 hours a day on 4 days a week, the 8-hour daily trigger does not apply. Daily overtime starts after 10 hours instead, and weekly overtime after 40 still applies. If the employer departs from the schedule, daily overtime after 8 hours can return for that week's long days.
When does a Nevada workday start?
When the employee begins work. A workday is 24 consecutive hours from that point, so a closing shift followed by an early opening shift can put more than 8 hours in one workday for staff under the daily overtime line.
Can I give comp time instead of overtime pay?
No. Nevada's regulations say an employer shall not substitute compensatory time for a wage payment for overtime worked.
Related pages
Sources, checked September 23, 2026
- Nevada Revised Statutes 608.018: Compensation for overtime
- Nevada Revised Statutes 608.0126: Workday defined
- Nevada Revised Statutes 608.115: Records of wages
- Nevada Labor Commissioner: 2026 daily overtime bulletin
- Nevada Labor Commissioner: Advisory Opinion AO-2025-01, daily overtime for a 4/10 employee
- Nevada Administrative Code 608.125: Compensation for overtime
- U.S. Department of Labor, Wage and Hour Division: Overtime pay
This is general information, not legal advice. Rules change; check the linked source.