Nobody ever said running a business was a walk in the park. As an employer, you have a lot of balls in the air, and compliance is just one of them. One really, really important one that, if dropped, could cost you a whole lot of money.
In addition to federal regulations, each state has their own share of employment-related laws that business owners need to be aware of. Here, we’re highlighting some of these key state-specific requirements and laws, and offering guidance to help you keep up.
Bear in mind, this list is not comprehensive, and there may be local or industry-specific employment requirements that your business needs to comply with. It’s best to consult with counsel to ensure compliance with all applicable laws, as Justworks does not provide legal advice.
Payroll Tax Accounts
Because Justworks reports state unemployment taxes on your behalf, you’ll need to provide us with some key pieces of information prior to joining our platform. Here are the steps to do that.
When classifying workers as employees or independent contractors, there are a few things to consider, including the different tests that apply under different federal and state employment laws, and potential penalties and other liabilities for misclassifying employees as independent contractors.
Minimum Pay Requirements
Nevada employers can find the most up-to-date minimum wage requirements at the links below.
In addition to federal requirements regarding overtime for time worked over 40 hours in a week, if a non-exempt employee’s hourly rate is less than 1.5 times the minimum wage, the employee must be paid overtime for time worked over eight hours in a 24-hour period.
Nevada Department of Business and Industry (DB&I): Frequently Asked Questions
Nevada DB&I: Minimum Wage Statutes and Regulations
Meal and Rest Breaks
Employees must be given a paid 10-minute break for each 4-hour period of work. In addition, employees are entitled to a 30-minute meal period for each 8-hour period of work, which may be unpaid for nonexempt employees.
Nevada DB&I: Frequently Asked Questions
Paid Leave for Any Reason
Most private employers with 50 or more employees are required to provide up to 40 hours of paid leave each year. Unlike paid sick leave, this leave can be used for any or no reason.
Nevada Office of the Labor Commissioner: Paid Leave (SB 312)
Nevada DB&I: Advisory Opinion -- SB 312 Paid Leave
Nevada employers should familiarize themselves with specific compliance requirements for terminating employees.
If the employee quits or resigns, the employee must receive their final wages within 7 days or by the next regular payday, whichever is earlier. If the employee is let go by the employer, they must receive their final wages immediately.
Additionally, the unemployment insurance notice (Form NUCS-4139, Information for the Unemployed Worker) must be provided to all separating employees, regardless of the reason for leaving.
Nevada employers are not explicitly required to pay out vacation upon termination, but vacation should be paid if dictated by the employer policy.
Nevada DB&I: Frequently Asked Questions
Business Closings and Layoffs
The Federal WARN Act imposes certain notice and other obligations on covered businesses before conducting large-scale business closures, layoffs, or relocations. In Nevada, businesses facing these issues are encouraged to notify the Employment Security Division of the Department of Employment, Training, and Rehabilitation regardless of whether they are required to under the WARN Act. For more information, visit the links below.
U.S. Department of Labor: Worker Adjustment and Retraining Notification (WARN) Act Advisor
Nevada Employment Security Division - Rapid Response
This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, legal or tax advice. If you have any legal or tax questions regarding this content or related issues, then you should consult with your professional legal or tax advisor.