Nevada Employees May Be Working From Home, But The Rules Still Apply: Employer's Guide to a Remote Workforce 10 Tips That Could Save Thousands of Dollars

June 18, 2020

As Nevada works its way through phase II, employers are eager to get back to business. However, following nearly three months of work from home, some employees/employers are opting to continue their work from home. Due to the public health emergency, employers are encouraged to allow their employees to continue to work from home. Nevertheless, it is important to recognize that Nevada Labor Laws still apply.

First, Employers should proceed with caution when classifying independent contractors. Employers that willfully misclassify employees could face hefty fines of $5,000 for each misclassified employee. Employers may not classify employees as independent contractors simply because the work is performed at an offsite location, or from the employee’s home. Nevada Revised Statutes (NRS) section 608.0155 and Nevada Administrative Code (NAC) section 608.155(4) sets forth the criteria for assessing independent contractor status. Employers should also keep the following guidelines in mind:

• Employees must be paid for each hour worked. Employers may not elect to have employees work without pay and claim the work was performed on a voluntary basis.
• Employees must be paid for Overtime Hours worked unless there is a specific exemption that applies.
• Employers must maintain Daily Time Records reflecting how many hours each employee worked. There are no special provisions that provide an exemption to this requirement and it applies to all employees regardless of the pay structure.
• Employees should maintain a Telework Log documenting the hours worked during the Workweek.
• Employees must be permitted to take a 10-minute Paid Rest Period for every 4-hours of work or fraction thereof and a 30-minute unpaid Meal Period for every continuous 8-hours of work.
• Employers may not reduce the Rate of Pay unless the employee has been provided with a written 7-day notice prior to the new rate taking effect.
• Employees may not be paid less than the applicable Minimum Wage unless there is a specific exemption that applies.
• Employers must establish and maintain a Regular Pay Day.
• Employees must be paid at least Semi-Monthly. However, the employer may choose to pay wages more frequently.

Adhering to these guidelines could employers from costly fines.

The information contained here is general in nature. Specific guidelines may apply to your business. For more information please contact me as part of our COVID Response Task Force at swashington@murchisonlaw.com.