Clarification needed for overtime law.I own an audio visual company. Technicians usually work more than 8 hours a day but rarely more than 40 hours a week. I have a technician that is saying he is entitled to overtime after 8 hours a day in Nevada. Is this true?
Hello and thank you for using the JA website. Please remember that this site is intended to provide general legal information only.Under the FLSA, which is federal law, overtime is defined by the work week. Nevada has a law, however, which calls for daily overtime if certain criteria, as listed below, are met. If you own a company and have employees and do not have an employee handbook, it is advised that you hire an employment law attorney in your area to create one for you because you should have all of these state and federal requirements outlined in company policies.(I have bolded the part of the statute most likely to be relevant to you) NRS 608.018 Compensation for overtime: Requirement; exceptions.
1. An employer shall pay 1 1/2 times an employee’s 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 employee’s 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) Employees in a retail or service business if their regular rate is more than 1 1/2 times the minimum wage, and more than half their compensation for a representative period comes from commissions on goods or services, with the representative period being, to the extent allowed pursuant to federal law, not less than 1 month;
(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 salesperson or mechanic primarily engaged in selling or servicing automobiles, trucks or farm equipment; and
(n) A mechanic or worker 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; 2009, 2493)
We do have an employee handbook that covers OT wages, which has always been over 40hours. This information was based on our accountant's knowledge. However, this particular employee is now challenging our policy.I went to Nevada Employment website ( http://www.leg.state.nv.us/nrs/NRS-608.html#NRS608Sec018 ) and I received the same information, but what does this mean in layman's term, and how does this apply to me?What does sec 3 mean? The employee is claiming that his job is a service position, thus he is entitled to daily overtime.
Unless the accountant is a lawyer, you really need to have an employment attorney draft employee handbooks.Tell me what part of the law you don't understand and I will explain it to you. Section 3 is list of exceptions. It lists those categories of workers who don't get paid overtime under this statute.Please let me know if this has answered your question. If you need clarification, please do not select a rating yet. Instead, click the Reply or Continue Conversation button. If, however, I have fully answered your question, please remember to rate me a 3 or higher so that I may be compensated for the time it takes to respond to your questions. That is the only way that we experts get paid since we do not get paid by the site. Keep in mind that you are rating my service and not the website and that the site prohibits us from giving legal advice or opinions on your specific circumstances. We can only provide general legal information. Remember that you are rating my service to you and you are not rating the law or the website.
May I ask why you left me a negative rating? I asked you if there was anything else you needed help in understanding and a week has passed and you never came back and instead rated me as poor service. May I ask why? You can still ask me for clarification.
I was asked to rate the service and I thought it was poor. I think the service is poor because I asked a questions ..... but what does this mean in layman's term, and how does this apply to me? and the response was, Tell me what part of the law you don't understand and I will explain it to you. Me asking a question and getting that kind of response is poor service.
Yes, you asked about the overtime law in Nevada and asked if it was true about getting paid for overtime if you work for over 8 hours in one day. I'm not sure how much more in layman's term I can explain that other than the answer is yes and then I even showed you the law. You asked how it applied to you and I then explained that if your employee fell within one of the exceptions, the the Nevada law would not apply.You then asked what Section 3 and I explained that it is list of exceptions. That too was not in legalese but in plain English. A list of exceptions. I then asked if you needed any further explanation or clarification and you did not respond. Instead, you stated that I gave you poor service. What further information about the Nevada law do you need? It really impacts me a great deal when a customer leaves me a negative rating and I do this for a living and so I always try to answer questions fully. I even gave you what the law is and explained it to you. Unless you tell me what further information you need, I have no way of knowing what you need - unless you tell me.So again, if there is some part of the law that you do not understand, please let me know what it is that you dont' understand and I'd be more than happy to help you so that you can then rate me more accurately. Thanks!
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