What happened?

On November 20, 2025, Nevada enacted Senate Bill 8 (SB 8) during a special session, revises Nevada law to clarify what counts as paid working time and how overtime is calculated, and is set to align certain wage and hour rules with federal standards while maintaining state-specific protections. Under prior law, employers were required to pay for all hours worked, including pre- and post-shift activities such as security checks and walking time, even if federal law would exclude them. SB 8 resolves this compliance uncertainty by incorporating federal exclusions while preserving certain state-specific protections.

Overview

The changes address compensable time, overtime calculations, and exemptions, and include a sunset provision for Portal-to-Portal exclusions. “Portal‑to‑Portal” refers to the Portal‑to‑Portal Act of 1947, which narrows what counts as compensable work time under the FLSA. Employers do not have to pay for a worker’s normal commute or for routine tasks done before starting or after finishing work, but do have to pay if a contract or company practice says so, or if the task is essential to the job (for example, putting on required safety gear or doing job‑required prep).

Action Steps for Compliance

Employers should review timekeeping and overtime policies to ensure compliance with the new exclusions and FLSA alignment. Observe the sunset date for Portal-to-Portal provisions and confirm that donning/doffing Personal Protective Equipment (PPE) remains compensable when employees cannot wear items from home.

Additional Information

Background: This legislation follows the Nevada Supreme Court’s decision in Amazon Services, LLC v. Malloy (Oct. 30), which held that Nevada had not adopted the federal Portal-to-Portal Act and its limits on compensable time.

Key Dates

• November 13, 2025 — (Procedural Provision):Committees may vote before fiscal note deadlines (NRS 218D.475); this provision applies retroactively from and after this date.

• October 31, 2029 — (Sunset):(PortaltoPortal/FLSA hours worked exclusions) expires by limitation.

Summary of Provisions:

• Compensable Time: Nevada now excludes from “hours worked” the time excluded under the federal Portal-to-Portal Act (29 U.S.C. §§ 252 and 254) and related FLSA regulations for waiting/on-call time, training and meetings, and travel. However, donning, and doffing uniforms or PPE remains compensable if employees cannot wear these items from home.
  
  • These exclusions expire October 31, 2029.

• Overtime: For employees earning at least 1.5 times the state minimum wage, overtime regular rate calculations must follow federal rules in 29 C.F.R. Part 778. SB 8 also clarifies that the commissioned retail/service exemption requires a representative period of at least one month and reaffirms existing exemptions for executive, administrative, and professional employees, certain transportation workers, agricultural employees, small businesses under $250,000 in annual sales, and domestic workers living in the household by written agreement.

• Applicability and Retroactivity: The amendments apply to pending and new actions filed on or after the effective date, including events occurring before that date.

• Effective Date and Sunset: SB 8 took effect upon passage on November 20, 2025. The Portal-to-Portal exclusions in NRS 608.016 expire October 31, 2029.

Source References

• Nevada SB 8 – AN ACT relating to employment; revising provisions relating to the compensation of employees; and providing other matters properly relating thereto
• Nevada – CHAPTER 9—PORTAL-TO-PORTAL PAY

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