For daily overtime, employers are required to pay daily OT when an employee who is NOT offered a qualified health insurance plan earns less than $12.38 per hour. If an employee is offered health insurance they will qualify for daily OT if they earn less than $10.88 per hour. I have also attached here the bulletin that the labor commission published April 1st 2016 highlighting these laws. Daily overtime in Nevada is defined as working more than 8 hours in a 24 hour period from the shift start time. The beginning of the work week does NOT influence the daily overtime law. The 24 hour period from shift start supersedes a start of a new work week in Nevada.
The issue that our client is having is that they require their employees to clock in and out for their unpaid meal breaks. This allows the supervisor to ensure the employee is taking their scheduled lunch break and that if they exceed 30 minutes they are not paid for that time they are not working. Diego mentioned that the "The only way around this currently would be to to either have the lunch auto deducted and the employee stayed clocked in all day or be sure that the employee consistently take their lunch at the same time" Because of the operations of this business it is NOT feasible to require employees to take their lunch at the same time everyday. Our client also employs minors, so the meal requirements for minors and those over 18 are different so a standard auto deducted lunch is not an option.
What we need to have happen is the 24 daily calculation should start or reference the true shift start time or the first clock in of the day. Currently the system is referencing the most recent clock in and that is not accurate to the true shift start time. With how the system currently works- their "shift start time" would be when they clock back in from lunch and that is not accurate.
I am happy to provide more details on this request if needed.
Thank you!
2016 Annual Bulletin - Daily Overtime Nevada.pdf" Here is a link to the Nevada labor commission website that highlights what is required for daily OT and minimum wage:
http://labor.nv.gov/Wages/Statutes_and_Regulations/
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