Overtime, Breaks, and Withheld Tips Under Wage Law

Attorney Answer

Nevada law entitles you to paid rest breaks you aren't getting and to every dollar of your tips — the late lunch, though, appears to be lawful, and whether the tenth hour of your shifts triggers daily overtime depends on facts that aren't yet confirmed.

Nevada Revised Statutes § 608.018 generally requires overtime pay for employees earning less than one and one-half times Nevada's minimum wage who work more than 8 hours in a workday — unless the employee mutually agreed to a 4-day, 10-hour-per-day schedule, in which case no daily overtime is owed. Employees earning at or above that pay level are only owed overtime after 40 hours in a week, and statutory exemptions can also apply. Because it isn't confirmed whether you're non-exempt or whether a 4/10 agreement exists, the tenth-hour question can't be resolved yet. More clearly established: Nevada Revised Statutes § 608.019(2) requires paid rest periods at the rate of 10 minutes for each 4 hours or major fraction of 4 hours worked, so getting no breaks at all on a 10-hour shift is a violation. The meal period is a separate rule, and on your schedule your employer appears to be meeting it: Nevada Revised Statutes § 608.019(1) says only that an employer shall not employ an employee for a continuous period of 8 hours without permitting a meal period of at least one-half hour, and it doesn't fix when in the shift that meal has to fall. A 9 a.m. start with lunch at 4 p.m. leaves seven hours before the break and about three after it, so no continuous 8-hour period occurs. Late isn't the same as unlawful here — the missing rest breaks are the real problem. And under Nevada Revised Statutes § 608.160, tips belong to the employee, and an employer cannot withhold them for financial hardship.

What you can do:

1. Confirm your exempt/non-exempt status and whether you agreed, in writing or otherwise, to a 4-day, 10-hour schedule.

2. Keep records of your daily hours, break times, and any tips withheld.

3. Raise the missed rest breaks and the withheld tips with your employer or Nevada's Labor Commissioner.

4. Have a local employment attorney review your pay records to confirm any overtime owed.

⏱ Time limits apply. Nevada wage claims are subject to a limitations period, and continuing to wait before raising the tip and overtime issues can shrink the amount of back pay you're able to recover. A local attorney should review your situation promptly to confirm the applicable deadline.