NEVADA - Workers’ Rights

Definition of agricultural worker under state law:

Wages and Overtime

Minimum Wage

State minimum wage requirements are governed by the 2006 Minimum Wage Amendment to the Nevada Constitution – Nev. Const. Art. 15, § 16.  A statute governing state minimum wage law predating the 2006 Minimum Wage Amendment to the Nevada Constitution is also still in effect, but, per the Supreme Court of Nevada, some provisions may have been superseded by the Amendment (see “Exceptions to State Minimum Wage Requirements” below). (NEV. REV. STAT. §§ 608.250–608.290).
• Current minimum wage is $8.75/hr. for employees offered health insurance benefits, or $9.75/hr. for employees not offered health insurance benefits. NEV. CONST. ART. 15, § 16; NEV. REV. STAT. § 608.250.

In order to pay the lower minimum wage, the employer must offer qualified health insurance for the employee and the employee’s dependents, with not more than a 6 month waiting period, and with the cost of the employee’s share of the premium not exceeding 10% of the employee’s gross taxable income from the employer. (NEV. ADMIN. CODE § 608.102) The SC of Nevada has held that the state’s minimum wage law is not preempted by FLSA because FLSA specifically provides that if a state’s minimum wage law is higher than the federal minimum wage, then the state minimum wage would control. Dancer v. Golden Coin, Ltd., 176 P.3d 271 (2008).

These minimum wage rates shall be adjusted by the amount of increases in the federal minimum wage over $5.15 per hour, or by the cumulative increase in the CPI, not to exceed 3% in any one year, if greater than the federal minimum wage increase. NEV. CONST. ART. 15, § 16.

Over the next three years, wages are scheduled to rise to:

July 1, 2022: $9.50/hr. (w/ health insurance) and $10.50/hr. (w/o health insurance)

July 1, 2023: $10.25/hr. (w/ health insurance) and $11.25/hr. (w/o health insurance)

July 1, 2024: $11/hr. (w/ health insurance) and $12/hr. (w/o health insurance)

Overtime

State Enforcement Agency

State of Nevada Department of Business & Industry, Office of the Labor Commissioner

Website: http://labor.nv.gov/
Relevant Forms: http://labor.nv.gov/About/Forms/FORMS_FOR_EMPLOYEES/

Occupational Safety and Health

Workers’ Compensation

State Enforcement Agency:
State of Nevada Department of Business & Industry, Industrial Relations, Workers’ Compensation Section

Website: http://dir.nv.gov/WCS/home/
Relevant Forms: http://dir.nv.gov/WCS/Workers__Compensation_Forms_and_Worksheets/

Field Sanitation

State Enforcement Agency:
Department of Business and Industry, Division of Industrial Relations

Website: http://dir.nv.gov/OSHA/Home/

Pesticide Safety

State Enforcement Agency:
Department of Agriculture, Division of Plant Industry

Website: http://agri.nv.gov/Plant-Industry/

http://agri.nv.gov/Plant/Environmental_Services/Worker_Protection_Standard/

Right to Join Unions and Collective Bargaining in Agriculture

State Legal Services Organizations

Nevada Legal Services
https://nlslaw.net/