SB 8

                          Senate Bill No. 8–Select Committee
                                 on Jobs and Economy
                                           CHAPTER..........
AN ACT relating to employment; revising provisions relating to the
    compensation of employees; and providing other matters
    properly relating thereto.
Legislative Counsel’s Digest:
    Existing law establishes requirements relating to compensation, wages and
hours of employees. (Chapter 608 of NRS) Existing state law requires, with certain
exceptions that are similar to certain exceptions found in federal law and
regulations relating to the federal Fair Labor Standards Act of 1938, an employer to
pay compensation to an employee for each hour the employee works. (NRS
608.016, 608.0195, 608.215; 29 U.S.C. § 213; 29 C.F.R. §§ 552.102, 785.22) The
federal Portal-to-Portal Act of 1947 provides that certain activities are not
compensable under the federal Fair Labor Standards Act, including those which are
preliminary to or postliminary to the principal activity or activities which the
employee is engaged to perform. (29 U.S.C. §§ 252, 254) In 2025, the Nevada
Supreme Court held that the Nevada Legislature has not incorporated those
additional exceptions from the federal Portal-to-Portal Act into state law.
(Amazon.com Servs., LLC v. Malloy, 141 Nev. Adv. Op. 50, 2025 WL 3032215
(2025)) Section 1 of this bill adds to state law certain additional exclusions and
exceptions relating to compensable activities and working time from the federal
Portal-to-Portal Act and federal Fair Labor Standards Act including: (1) relief from
certain claims, liability and punishment under federal law; (2) waiting time; (3)
preparatory and concluding activities; (4) lectures, meetings and training
programs; and (5) travel time. (29 U.S.C. §§ 252, 254; 29 C.F.R. §§ 785.14-785.17,
785.26-785.41) Section 5 of this bill provides that the amendatory provisions of
section 1 expire by limitation on October 31, 2029.
    Existing law requires, with certain exceptions, that employees be paid overtime
for certain hours. (NRS 608.018) Section 2 of this bill makes certain calculations
relating to overtime subject to federal regulations which relate to principles for
computing overtime based on the regular rate of pay under the Fair Labor Standards
Act. (29 C.F.R. §§ 778.107-778.503)
 EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
   THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
      SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
   Section 1. NRS 608.016 is hereby amended to read as follows:
   608.016 Except as otherwise provided in NRS 608.0195 and
608.215, and excluding from hours of work such time excluded by
sections 2 and 4 of the Portal-to-Portal Act of 1947, as amended,
29 U.S.C. §§ 252 and 254, and the following specific federal
regulations adopted under the Fair Labor Standards Act of 1938,
29 U.S.C. §§ 201 et seq., 29 C.F.R. §§ 785.14 to 785.17, inclusive,
785.26, 785.27 to 785.32, inclusive, and 785.33 to 785.41,
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inclusive, an employer shall pay to the employee wages for each
hour the employee works. An employer shall not require an
employee to work without wages during a trial or break-in period [.]
or when an employee is donning or doffing a uniform or personal
protective equipment where employees are not permitted to bring
or wear uniforms or personal protective equipment from home.
    Sec. 2. NRS 608.018 is hereby amended to read as follows:
    608.018 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 set forth in 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 set
forth in NRS 608.250 works more than 40 hours in any scheduled
week of work. Such a calculation is subject to the following
federal regulations which relate to principles for computing
overtime pay based on the regular rate, adopted under the Fair
Labor Standards Act of 1938, 29 U.S.C. §§ 201 et seq., 29 C.F.R.
§§ 778.107 to 778.122, inclusive, 778.200 to 778.225, inclusive,
778.300 to 778.333, inclusive, 778.400 to 778.421, inclusive, and
778.500 to 778.503, inclusive.
    3. The provisions of subsections 1 and 2 do not apply to:
    (a) Employees who are not covered by the minimum wage
provisions of Section 16 of Article 15 of the Nevada Constitution;
    (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;
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    (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;
    (n) A mechanic or worker for any hours to which the provisions
of subsection 3 or 4 of NRS 338.020 apply;
    (o) A domestic worker who resides in the household where he or
she works if the domestic worker and his or her employer agree in
writing to exempt the domestic worker from the requirements of
subsections 1 and 2; and
    (p) A domestic service employee who resides in the household
where he or she works if the domestic service employee and his or
her employer agree in writing to exempt the domestic service
employee from the requirements of subsections 1 and 2.
    4. Any regulation of the Director of the Department of Human
Services concerning the payment of overtime to a home care
employee adopted pursuant to NRS 608.670 prevails over the
general provisions of this section.
    5. As used in this section:
    (a) “Domestic worker” has the meaning ascribed to it in
NRS 613.620.
    (b) “Home care employee” has the meaning ascribed to it in
NRS 608.530.
    Sec. 3. 1. The amendatory provisions of section 1 of this act
apply to any action or proceeding that is pending as of the effective
date of this act or filed on or after the effective date of this act,
including, without limitation, such an action or proceeding where an
act, omission or underlying event giving rise to the action or
proceeding occurred before the effective date of this act or on or
after the effective date of this act and not later than October 31,
2029.
    2. The amendatory provisions of section 2 of this act apply to
any action or proceeding that is pending as of the effective date of
this act or filed on or after the effective date of this act, including,
without limitation, such an action or proceeding where an act,
omission or underlying event giving rise to the action or proceeding
occurred before the effective date of this act.
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   Sec. 4. Notwithstanding the provisions of NRS 218D.430 and
218D.435, a committee may vote on this act before the expiration of
the period prescribed for the return of a fiscal note in
NRS 218D.475. This section applies retroactively from and after
November 13, 2025.
   Sec. 5. 1. This act becomes effective upon passage and
approval.
   2. Section 1 of this act expires by limitation on October 31,
2029.
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