Nevada Labor Laws: Understanding Your Break Rights

Nevada labor laws entitle employees to one 10-minute paid rest break for approximately every four hours worked. However, employers are not mandated to provide paid breaks if they have only one employee, the employee has voluntarily given up their right to a break, or the Nevada Office of the Labor Commissioner has exempted the employer from providing breaks due to the nature of the business. Employees who are denied their breaks can seek legal relief by filing a complaint or claim with the Labor Commissioner or suing for unpaid wages.

Nevada also requires employers to provide a 30-minute meal break for every eight hours of continuous work. This break is typically unpaid, and employers cannot require employees to perform work-related tasks during this time. If an employee's meal break is interrupted, the employer must compensate for the interruption.

Paid rest breaks

In Nevada, employees are entitled to one paid rest break of at least 10 minutes for every four hours worked. This break should ideally be provided in the middle of each work period. For example, an employee working from 9 a.m. to 1 p.m. would be entitled to a 10-minute break at 11 a.m. However, if an employee works less than 3.5 hours in a day, the employer is not obligated to provide a break.

Employers are not required to provide paid rest breaks in the following situations:

• When the employer has only one employee.
• When the employee voluntarily gives up their right to a rest break, such as through a collective bargaining agreement.
• When the Nevada Office of the Labor Commissioner grants an exemption to the employer due to the nature of the business.

If employees are forced to work without breaks or are not receiving paid breaks, they can seek legal relief by filing a complaint with the Labor Commissioner, filing a wage and hour claim, or suing for unpaid wages.

It is important to note that rest breaks are separate from meal breaks. While rest breaks are paid, meal breaks are typically unpaid and last for at least 30 minutes.

Meal breaks

In Nevada, employers are required by law to provide meal breaks for their employees. The specifics of these requirements are as follows:

• Employees are entitled to a minimum of a 30-minute meal break for every 8 hours of continuous work.
• Meal breaks should be uninterrupted and free of all work duties, and employees may leave their workstation during this time.
• If an employee's meal break is interrupted or they are required to work during this time, employers must compensate for the meal break.
• Employees who work shifts of fewer than 3.5 hours are not entitled to a meal break.
• Employees in certain industries, such as construction, may be exempt from the meal break requirement if their work requires them to be on-call or on standby.
• Employers who fail to provide the required meal breaks can face significant penalties and lawsuits, including fines of up to $5,000 per violation.

Breastfeeding breaks

Nevada has a range of protections in place for workers who are breastfeeding. These include protections for breastfeeding in public, as well as for employees who are breastfeeding.

Breastfeeding in Public

In Nevada, mothers are legally allowed to breastfeed in public. This is permitted in any public or private location where the mother is authorised to be, regardless of whether the mother's nipple is covered during breastfeeding.

Breastfeeding at Work

Breastfeeding employees in Nevada are protected by the federal FLSA's PUMP for Nursing Mothers Act. This entitles them to reasonable break times and a private space (other than a bathroom) to pump breast milk at work for one year after the child's birth. Nevada state law also requires employers to support all breastfeeding employees by providing reasonable break time and a space (other than a bathroom) to pump at work for one year following the child's birth. A private employer with fewer than 50 employees may be exempt from this law if complying with the requirements would cause an undue hardship.

The law does not set a limit on the number of breastfeeding breaks a nursing mother can take; it allows for a break "each time" the nursing mother needs to "express breast milk". Additionally, employers cannot retaliate against employees who exert their right to a nursing mother break.

Medicaid Coverage

The Director of Medicaid Coverage in Nevada must include in the State Plan for Medicaid a requirement that the State pay the non-federal share of expenditures incurred for supplies for breastfeeding a child until the child's first birthday. This includes electric or hospital-grade breast pumps that have been prescribed or ordered by a qualified healthcare provider and are deemed medically necessary for the mother or child.

Sleep breaks

In Nevada, sleep breaks are only addressed for employees who are "on duty at a residential facility" for people in the following categories:

• People with a mental illness
• People with a physical or intellectual disability
• People recovering from alcohol or drug abuse
• Children in foster care
• Children in a program to address emotional or behavioural problems

For these employees, the law does not require employers to provide rest breaks. However, if employees are required to be on duty for 24 hours or more, the employer and employee may agree in writing to allow for up to 8 hours of unpaid sleep time, provided that the employer furnishes adequate sleeping facilities.

Any interruptions during the sleep period must be counted as hours worked. If interruptions cause the sleep period to be less than 5 hours, the employee must be paid for the entire sleeping period.

Breaks for minors

In the state of Nevada, minor employees are covered by the same meal and rest break laws as adult employees. Minors are entitled to a 10-minute rest break for every four hours worked in a day. If a minor employee works a total of 3.5 hours or less, the employer is not obligated to provide a break.

Additionally, employers must provide minor employees with at least a 30-minute meal break for every eight hours of continuous work. This meal break can be paid or unpaid, depending on the employer's discretion.

It is important to note that Nevada child labor laws restrict the times during the day that minors can work. Minors under 16 years old are prohibited from working between 7 pm and 7 am, while there are no night work restrictions for those aged 16 and 17.

Nevada also has specific child labor laws that vary depending on age. For example, children under 16 years old must have written permission from a district court judge to be employed. Minors under 16 are limited to working a maximum of eight hours per day and 48 hours per week when school is not in session. During the school week, they can only work up to three hours per school day.

Frequently asked questions