Nevada Aligns With Portal-to-Portal Act and Clarifies Weekly Overtime Calculations

The Details

Nevada has enacted legislation (Senate Bill 8), which expressly incorporates key provisions of the federal Portal-to-Portal Act into state law.

Background

As background, the federal Portal-to-Portal Act:

• Amended the federal Fair Labor Standards Act (FLSA) to clarify that certain activities performed by employees before and after their primary work duties are not considered hours worked and are unpaid; and
  
  
• Exempts time spent traveling to and from an employee’s actual place of performance of work from being paid.
  

Senate Bill 8

• Certain activities specified under the Portal-to-Portal Act and the FLSA are now expressly considered non-compensable under Nevada state law. See the text of the law for further details; and
• An employer must compensate an employee for their time spent changing into or out of a uniform (when the employee is prohibited from wearing a uniform or PPE from home).

Overtime calculation clarification

Additionally, Senate Bill 8 clarifies the calculation for the weekly overtime of an employee receiving compensation at no less than 1.5 times the minimum wage.

The amended law states that the compensation is subject to certain federal regulations related to principles for computing overtime pay based on the regular rate adopted under the FLSA. See the text of the law for further details.\

Next steps
Nevada employers should review their pay policies and procedures and train supervisors on the changes under the law.