Meal and Rest Break Laws in Nevada: What Employees Need to Know

Do you have the right to a lunch break or a rest break under Nevada law? And should such breaks be paid or unpaid?

While federal law sets the baseline, Nevada has its own rules that go further, especially for rest periods. The state also recognizes the importance of protecting workers from heat.

Knowing the law can help you understand your rights and what to expect from your employer.

Federal Law on Meal and Rest Breaks

The Fair Labor Standards Act (FLSA) is the main federal law governing wages and hours. The FLSA does not require employers to provide meal or rest breaks to employees. However, if an employer does offer breaks, certain rules apply:

• Short rest breaks must be paid. Breaks lasting 5 to 20 minutes are considered work time and must be counted as paid hours.
• Meal breaks can be unpaid. Employers may provide unpaid meal breaks, usually 30 minutes or more, but only if the worker is completely relieved of job duties. If an employee is required to answer calls, supervise, or perform any work, the break must be paid.

This means that under federal law, you aren't automatically entitled to breaks. But if your employer chooses to provide them, the rules above must be followed.

Nevada Law on Meal and Rest Breaks

Unlike federal law, Nevada has specific state laws requiring certain breaks.

Meal Breaks in Nevada

Nevada law requires that employees who work a continuous shift of eight hours must be given at least a 30-minute meal break.

This break can be unpaid if the worker is completely relieved of all duties during the time. If the employee is required to perform any job tasks during the meal period, then the time must be paid.

Rest Breaks in Nevada

Nevada also requires rest breaks. Employees must receive a 10-minute paid rest break for every four hours worked.

If the shift is shorter than three and a half hours, no rest break is required. These rest breaks are counted as paid work time.

Heat Breaks in Nevada

Nevada is one of the states that has recognized the importance of protecting outdoor workers from extreme heat.

The Nevada Occupational Safety and Health Administration (Nevada OSHA) requires employers to provide adequate access to water, rest, and shade in hot conditions. While the law doesn't specify exact timed "heat breaks," employers must take reasonable steps to protect workers from heat illness. This can include encouraging or requiring extra rest periods in shaded or cool areas when temperatures are dangerously high.

Key Takeaways for Employees

If you work in Nevada:

• You must receive at least a 30-minute meal break if you work an eight-hour shift.
• If you're required to work during a meal break, it must be paid.
• You're entitled to a 10-minute paid rest break for every four hours worked.
• If you work outdoors in the heat, your employer must provide water, rest, and shade to prevent heat illness.

What to Do If You're Denied Breaks in Nevada

If you aren't receiving the breaks you're entitled to, the first step is usually to raise the issue directly with your supervisor. In many cases, break scheduling problems are the result of oversight or miscommunication, and a conversation might be enough to resolve the issue.

If speaking to your supervisor doesn't solve the problem, you might want to contact your company's human resources (HR) department or consult your employee handbook to see if there are internal procedures for handling workplace complaints.

And if your employer continues to deny required breaks or refuses to pay you properly for break time, you can file a complaint with the Nevada Labor Commissioner (or Nevada OSHA if the issue involves heat safety). Depending on the amount of unpaid wages at issue, it might be worth discussing the matter with a lawyer prior to filing a complaint.

Seeking Legal Help

Break violations often lead to unpaid wages or unsafe work conditions. Speaking with an employment lawyer can help you understand your rights, file complaints if necessary, and recover lost wages or damages.

FAQs About Meal and Rest Breaks in Nevada

Do Nevada employers have to provide lunch breaks?

Yes. If you work an eight-hour shift, you must receive a 30-minute meal break. This break can be unpaid if you're fully relieved of duties.

Are rest breaks required in Nevada?

Yes. You must receive a 10-minute paid rest break for every four hours worked. Breaks under 20 minutes must always be paid.

Are meal breaks paid in Nevada?

Meal breaks can be unpaid, but only if you're completely relieved of duties. If you must work during the meal, the time must be paid.

Does Nevada law require heat breaks?

Nevada law requires employers to protect workers from heat hazards. This includes access to water, shade, and rest breaks as needed, especially for outdoor workers.

Can my employer make me skip a rest break?

No. Rest breaks are required under Nevada law. If your employer denies them, they might be violating wage and hour rules.

What happens if my employer doesn't provide breaks?

Your employer can face fines and be required to pay you for missed break time.

Are smoking breaks required in Nevada?

No. Smoking breaks are not legally required. Employers may allow them at their discretion.

Should I talk to a lawyer if I've been denied breaks?

It depends. First, trying raising the issue with your supervisor or HR department prior to contacting a lawyer. But if your concerns are ignored, or you've been underpaid a significant amount of money, a lawyer should be able to help.