OT laws for temp employees Nevada

[loudder2]

Question:

A staffing agency sends an employee out on 2 different job assignments on the same day. The first assignment is for 5 hours and the second assignment (with a different client in a separate location) is for 8 hours. Therefore, the employee worked a total of 13 hours in one day, working for the same employer, but for different clients of this employer. Is this person still entitled to 5 hours of OT?

[ScottB]

Yes, the staffing agency must pay the overtime, even though it is unlikely to be able to bill either client for the overtime.

[loudder2]

So I am confused. Is the OT law in NV effective after 8 hours worked in a workday or does it not go into effect until after 40 hours? The pay is over 1.5 times the minimum wage.



"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 prescribed pursuant to 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 prescribed pursuant to NRS 608.250 works more than 40 hours in any scheduled week of work.

[joec]

Either see (a)&(b)
JoeC

[ScottB]

Like Joe said.

For example, given a Monday - Sunday workweek, employee works 12 hours on Monday, none on Tuesday or Wednesday, another 12 on Thursday and Friday and 6 hours on Saturday.

Total hours = 42
Overtime = 14 (four hours for each 12 hour day, plus 2 hours for hours worked over 40).
Straight time = 28

[Pattymd]

Not quite. More like:

Monday - 12 hours worked; 8 regular, 4 overtime
Thursday - 12 hours worked; 8 regular, 4 overtime
Friday - 12 hours worked; 8 regular, 4 overtime
Saturday - 6 hours worded; 6 regular, 0 overtime

Paying overtime on Saturday would pyramid the overtime. 30 regular, 12 overtime only. Take the overtime out of each day, once it has been determined, then add up the remaining regular pay. Only if THAT amount exceeds 40 is there any weekly overtime due.

[loudder2]

Ok, so lets say that this person ONLY works on Saturday for this employer (this is a second job) and works a 13 hour shift. So their paycheck will only be for 13 hours that week. What is normal pay and what is OT?

[joec]

13 -8 = 5 hr O.T (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.
JoeC

[loudder2]

Ok, I thought the clause about it only applying if you made less than 1.5 times minimum wage would have some effect on the OT. Apparently it doesnt. Thank you.

[cbg]

Just for clarification for other posters reading this:

ONLY in California, Alaska, Nevada and Colorado would an employee who works only one day a week, but for 13 hours, be entitled to overtime at all. In ALL other states, overtime is not required until the employee has worked for the employer 40 hours in a week. ONLY the four states listed have daily overtime (and Colorado only requires overtime if the employee works more than 12 hours in a day).

If the employee were in any state except one of the four named, no overtime at all would be due.

[ScottB]

Originally Posted by loudder2

if you made less than 1.5 times minimum wage would have some effect on the OT.

Those terms usually refer to inside commissioned sales reps.