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New Nevada Law preving shifts over 10 hours? Nevada

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  • New Nevada Law preving shifts over 10 hours? Nevada

    My current schedule is 3 twelve hour shifts (with 4 days off), and my employer (a nightclub) said effective July 1, 2008 (next week) that Nevada will no longer allow 12 hour shifts and no shifts over 10 hours.

    I can't find any law to support this new change. Can anyone site where this may be coming from?

    Incidentally, the rule is applying to everyone else in the club - we're all getting cut to 10 hour shifts.

  • #2
    It's coming from a misunderstanding of the law by your employer. All the new law says is that overtime must be paid when an employee who earns less than $8.775/hr (and receives fringe benefits, such as insurance) or less than $10.275/hr (if no fringe benefits) works more than 8 hours in any 24-hour period.
    http://www.laborcommissioner.com/doc...%203-27-08.pdf

    As you can see, it does not prohibit 12-hour shifts. If for some reason, though, you were need to work extra time over your 12-hour shift (13 hours straight, for example) overtime of 5 hours would be due. The employer is probably trying to avoid that possibility.

    In any case, however, it really doesn't matter that the employer is reading something into the law that isn't there. If they want to limit employees to 10-hour shifts, they are perfectly within their rights to do so, regardless of any law one way or the other. Based on your rate of pay, however, they would STILL owe 2 hours of overtime on a 10-hour shift.
    Last edited by Pattymd; 06-27-2008, 12:11 PM. Reason: clarification
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Thank you so much...

      however I'm even more confused now:

      As of July 1st, 2008, employees who receive qualified health benefits from their employers and earn less than $8.775 per hour and employees earning less than $10.275 per hour who do not receive qualified health benefits must be paid overtime whenever they work more than eight hours in a 24-hour
      period. Nevada is one of six states with a daily overtime requirement in addition to the more familiar requirement to pay overtime for more than 40 hours in a work week.


      Based on my current rate ($7.50 and NO insurance provided) the "new" law insists that I must be paid overtime after only 8 hours in a 24 hour period - my shifts were 12-hours and are being reduced to 10 hours - either way that doesn't avoid the "new law" - and would that mean I should have been paid overtime for the last YEAR of 12-hour shifts?

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      • #4
        The only change in the law is to update the applicable hourly rate; that's because the law pegs the rate to the minimum wage and minimum wage is going up.

        Here is the law that was effective in 2007 and is effective through June 30, 2008. As you can see, the cut-off rate in this law is $9.495/hr; the new law changes that to $10.275 per hour. That's the only difference.
        http://www.laborcommissioner.com/doc...0site%20OT.doc

        I would contact the Labor Commissioner's office about filing a claim for unpaid overtime; it appears that you may have it coming.
        Last edited by Pattymd; 06-27-2008, 12:09 PM.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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