Existing law establishes requirements relating to compensation, wages and hours of employees. (Chapter 608 of NRS) Existing state law requires, with certain exceptions that are similar to certain exceptions found in federal law and regulations relating to the federal Fair Labor Standards Act of 1938, an employer to pay compensation to an employee for each hour the employee works. (NRS 608.016, 608.0195, 608.215; 29 U.S.C. § 213; 29 C.F.R. §§ 552.102, 785.22) The federal Portal-to-Portal Act of 1947 provides that certain activities are not compensable under the federal Fair Labor Standards Act, including those which are preliminary to or postliminary to the principal activity or activities which the employee is engaged to perform. (29 U.S.C. §§ 252, 254) In 2025, the Nevada Supreme Court held that the Nevada Legislature has not incorporated those additional exceptions from the federal Portal-to-Portal Act into state law. (Amazon.com Servs., LLC v. Malloy, 141 Nev. Adv. Op. 50, 2025 WL 3032215 (2025)) Section 1 of this bill adds to state law certain additional exclusions and exceptions relating to compensable activities and working time from the federal Portal-to-Portal Act and federal Fair Labor Standards Act including: (1) relief from certain claims, liability and punishment under federal law; (2) waiting time; (3) preparatory and concluding activities; (4) lectures, meetings and training programs; and (5) travel time. (29 U.S.C. §§ 252, 254; 29 C.F.R. §§ 785.14-785.17, 785.26-785.41) Section 5 of this bill provides that the amendatory provisions of section 1 expire by limitation on October 31, 2029. Existing law requires, with certain exceptions, that employees be paid overtime for certain hours. (NRS 608.018) Section 2 of this bill makes certain calculations relating to overtime subject to federal regulations which relate to principles for computing overtime based on the regular rate of pay under the Fair Labor Standards Act. (29 C.F.R. §§ 778.107-778.503)

Statutes affected:
As Introduced: 608.016, 608.018
Reprint 1: 608.016, 608.018
Reprint 2: 608.016, 608.018
As Enrolled: 608.016, 608.018