Nevada Meal and Rest Break Laws

As an employer operating in Nevada, it’s helpful to understand the laws around meal and rest breaks for employees. Find out what requirements apply and how to remain compliant with Nevada meal and rest break laws.

Do Nevada Break Laws Differ from Federal Break Laws?

Nevada requires breaks for meals, rest, nursing mothers, and domestic workers. The state’s laws differ from federal requirements.

However, there are a few exceptions to meal and rest breaks. For example, if only one employee is at a specific place of employment, then the employer is not obligated to provide a break. In addition, any employees covered by a collective bargaining agreement fall outside these requirements. If the employee has applied for and received an exemption from the Nevada Labor Commissioner based on necessity, then the employer is not obligated.

Nevada Meal Break Laws

Employers must provide employees with at least a 30-minute meal break for every 8 hours of continuous work.

Nevada Domestic Worker Breaks

When a domestic worker resides in the household of the employer, then the employee and the employer can agree in writing to exclude certain breaks from the wages of the employee. These breaks include the following provisions:

• Meal breaks of at least 30 minutes
• Sleep breaks if it is no more than 8 hours
• All periods of complete freedom. These periods must be long enough for the domestic worker to make use of it and the worker must be allowed to leave the premises.

If an unpaid break is interrupted by the employer, then the interruptions must be counted as hours worked.

Employees who are required to work or be at a residential facility for 24 hours or more may have a sleep period of up to 8 hours excluded from the worker’s wages. The employer and employee may agree in writing to have the sleep period excluded. Plus, the employer must provide adequate sleeping facilities.

In addition, any interruptions of the sleep period must count as paid working hours. If the interruption causes the sleep break to be less than 5 hours, then the entire sleep period must be paid by the employer.

Domestic workers who work 40 or more hours a week earn a “day of rest” break of 24 consecutive hours per calendar week. Additionally, they get a 48 consecutive hour rest every calendar month.

Nevada Rest Break Laws

Employees get a 10-minute rest break for every 4 hours worked in a day. If the employee’s total work time is 3 ½ hours or less, then the employer isn’t obligated to provide a break.

Nevada Break Laws for Minors

Minor employees working in the state of Nevada are covered by the same meal and rest break laws that apply to adult employees.

Nevada Break Laws for Mothers

Nursing mother break laws apply to mothers who have a child under the age of 1 year at home. These employees must have a reasonable break time to express milk. This break can be paid or unpaid. Employers must provide nursing mothers with a place that is not a bathroom and is free from dirt, pollution, and intrusion, and protected from the view of others.

However, if an employer determines that these provisions would cause an undue hardship, then the employer and employee can meet and agree upon a reasonable alternative. If both parties can’t agree, then the employer can require an employee to accept a reasonable alternative. Further, employers can’t retaliate against employees who exert their right to a nursing mother break.

The law doesn’t apply to employers who have less than 50 employees if it would impose a hardship.

Nevada Day of Rest Laws

A day of rest law only applies to domestic workers (outlined above).

Nevada Break Room Requirements

There is no law in Nevada requiring an employer to provide a break room.

Nevada Penalties for Breaking Rest and Break Laws

Any employer found in violation of meal and/or rest break laws may face lawsuits and fines imposed by government agencies.

Common Nevada Break Law FAQs

Explore commonly asked questions with answers around break laws for Nevada employees.

How early can I take my lunch break in Nevada?

The timing for your lunch break will depend on your employer, who is required to provide at least 30 minutes of break time for every 8 hours worked.

How many breaks in a 6-hour shift in Nevada?

An employer must provide an employee one 10-minute rest break during a 6-hour shift.

How many breaks in an 8-hour shift in Nevada?

An employer must provide an employee two 10-minute rest breaks and one 30-minute unpaid meal break during an 8-hour shift.

How many breaks in a 12-hour shift in Nevada?

An employer must provide an employee three 10-minute rest breaks and one 30-minute unpaid meal break during a 12-hour shift.

Is it legal to work 7 days straight in Nevada?

Yes, unless the employee is classified as a domestic worker.

Can I waive my lunch break in Nevada?

Employees are permitted to waive meal breaks as part of a collective bargaining agreement, but they must be paid for the time.

Nevada Department of Employment, Training and Rehabilitation