Nevada Labor Laws

Everyone is entitled to a safe and protected work environment. Under Nevada labor laws, employers have a moral obligation and duty to ensure that a workplace’s health and safety meet the legal requirements. If your employer fails to take the necessary steps to do so and you get injured, you may have a workers’ compensation claim.

Nevada Labor Laws on Workplace Safety

Nevada has adopted the federal safety and health standards, commonly known as Occupational Safety and Health Act (OSHA). These regulations place a general duty of care on employers of a certain size to provide a working environment that is void of all hazards that can be reasonably removed. OSHA’s intention is to help employers and employees avoid preventable injuries in the workplace.

Private and public sector employers with more than 10 employees are required to develop a written safety plan, and employers with 25 or more employees at each worksite must establish safety committees. Most employers must maintain accurate and comprehensive accident reporting records in the event of employee illness or injuries related to their occupation. Additionally, all construction site workers and supervisors are required to complete a 10- or 30-hour construction training course. Nevada also has state-specific requirements that are stricter than federal laws for handling explosives, machine guarding, process safety for ammonium perchlorate, and record-keeping.

Workers’ Rights to Refuse Dangerous Work

If you believe your workplace is unsafe or presents a specific hazard to employees, you have the right to:

• File a confidential complaint with OSHA if you observe or suspect a safety or health problem at your workplace.
• The right to make a confidential request for an inspection of your workplace by OSHA for safety and health standard violations.
• Refuse work that violates legal safety or health standards. If you are considering exercising this right, consult a Las Vegas personal injury attorney to be sure you will be legally protected.

Although OSHA rules do not provide for a private cause of action (lawsuit), they provide an essential baseline of safety that protects employees from working in substandard conditions. Violations are taken seriously and subject employers to hefty fines.

Safety Violations and Workers’ Compensation

When employers do not follow OSHA regulations, the risks for accidents increase considerably, which is why safety violations and workers’ compensation claims often go hand-in-hand. Unfortunately, companies routinely take shortcuts and choose to put their profits ahead of workplace safety. They hire inexperienced and untrained workers and ignore safety precautions that take away from their bottom line. On the other hand, unsafe work practices are not always immediately apparent until an accident occurs.

As a result, workplace safety violations are to blame for a significant number of fatal and non-fatal construction accident injuries every year. Nevada does require most employers to carry workers’ compensation insurance in case a worker is injured on the job. An employee who is injured or contracts an illness while at work is entitled to workers’ comp benefits to cover medical bills and a portion of their lost wages while they recover.

Employees are not required to prove an OSHA violation to file a workers’ comp claim. However, evidence of a safety violation can be used to bring a case against an employer in certain situations. For example, if the employee is retaliated against for reporting the violation or wrongfully terminated.

Nevada’s Employment-at-Will Doctrine

Nevada is an employment at will state, meaning employers can generally terminate employees for almost any reason. However, NRS 613.333 provides an essential exception: termination cannot be based on discrimination, retaliation, or refusal to engage in unsafe or illegal conduct. The statute states: “It is an unlawful employment practice for an employer to discharge… any person because the person opposed any unlawful employment practice.” This protection often applies when employees report OSHA violations or refuse hazardous work.

Minimum Wage in Nevada

Nevada’s minimum wage requirements are established under NRS 608.250, which states: “An employer shall pay a wage to each employee of not less than the minimum hourly wage rate.” As of July 1, 2024, the minimum wage in Nevada is $12.00 per hour, regardless of whether an employer offers qualifying health benefits. Employers must comply with this rate, and failure to do so may result in penalties, back pay awards, and civil action.

Overtime Requirements

Nevada overtime laws are outlined in NRS 608.018, which requires overtime pay at 1.5 times the employee’s regular rate when the employee works more than 40 hours in a workweek. The statute states: “An employer shall pay 1.5 times an employee’s regular wage rate whenever an employee works more than 40 hours in any scheduled workweek.” Some exceptions exist for certain professions.

Rest and Meal Breaks

Under NRS 608.019, Nevada employers must provide both paid rest periods and unpaid meal breaks. The law requires:

• A 10-minute paid rest break for every 4 hours worked
• A 30-minute unpaid meal break when working more than 8 hours in a shift

The statute states: “An employer shall provide employees with rest periods… of at least 10 minutes for each 4 hours worked” and must offer a meal period “for a continuous work period of 8 hours.” Failure to provide these breaks violates state labor laws and may form the basis for a compensation or wage dispute claim.

Pay Frequency

Nevada law requires timely payment of wages. Under NRS 608.060, employers must pay wages at least semi-monthly. The law states: “All wages must be paid at least semi-monthly.” Late or inconsistent payments are violations and may entitle employees to damages, penalties, and attorney’s fees.

Employer-Provided Uniforms

Nevada protects workers from having to cover the cost of employer-required uniforms. According to NRS 608.165: “An employer shall not require an employee to pay for a uniform.” This includes specialized clothing, accessories, and protective equipment required for the job.

Protections Against Discrimination

Nevada prohibits discrimination under NRS 613.330, which states that employers may not discriminate based on:

• Race
• Color
• Religion
• Sex
• Gender identity or expression
• Sexual orientation
• Age
• Disability
• National origin

The law states: “It is an unlawful employment practice for an employer to discriminate against any person with respect to compensation, terms, conditions or privileges of employment.” When discrimination leads to unsafe working conditions or retaliation after reporting hazards, additional claims may arise.

Health Insurance Requirements

Under the federal Affordable Care Act and enforced statewide, employers with 50 or more full-time employees must provide access to health insurance options. Nevada law, through NRS 608.1577, reinforces protections for employees seeking medical benefits or filing insurance-related complaints. Employers that fail to comply may face federal penalties and civil liability.

Get Help if You Have Suffered an Injury Due to a Labor Law Violation

Our Las Vegas workers’ compensation lawyer has decades of experience and knows how to protect the rights of injured workers. Call Harris & Harris Injury Lawyers today at (702) 384-1414 to schedule your free consultation.