Overlapping 24-hour workdays and daily overtime, with worked examples

STATE OF NEVADA
JOE LOMBARDO DR. KRISTOPHER SANCHEZ
Governor Director

                                                                                                             BRETT K. HARRIS. ESQ.
                                                                                                               Labor Commissioner




                          DEPARTMENT OF BUSINESS AND INDUSTRY
                    OFFICE OF THE LABOR COMMISSIONER

                                                     July 28, 2025

Via Email and U.S. Mail

Nick D. Crosby, Esq.
Marquis Aurbach Chtd.
10001 Park Run Drive
Las Vegas, NV 89145
[email protected]

    Re: Request for Advisory Opinion—Supplemental Guidance of AO-2024-01 and

Interpretation of Workday Pursuant to NRS 608.0126

   Dear Mr. Crosby,

   Pursuant to Nevada Administrative Code ("NAC") Section 607.650, an Advisory Opinion

has been requested for supplemental guidance of Advisory Opinion AO-2024-01 and interpretation
of "Workday" pursuant to Nevada law.

                                              FACTS PRESENTED

   In your request you state the following:

           Nevada law requires an employer pay an employee overtime if the
   employee earns less than $18.00 per hour when: '(1) an employee works more than
   8 hours in any workday, unless the employee is working four 10-hour days.' See
   NRS 608.018(1); Labor commissioner 2024 Annual Bulletin. Nevada Revised
   Statute 608.0126 defines 'Workday" as 'a period of 24 consecutive hours which
   begins when the employee begins work.'

          While the 2024 AO states that 'there can be overlapping workdays,' the
   supporting 'Example Chart' does not illustrate overlapping workdays, making the
   opinion ambiguous. Instead, the Example Chart in the 2024 AO illustrates what has
   been referred to as a 'rolling 24-hour period,' a 24-hour period where a 'New
   Employee Workday' can only begin after the expiration of the prior 24-hour period.

                                                           2024 AO Example Chart

   Your letter included additional commentary and requested clarification of the overtime

application relating to a 24-hour workday and included the following scenarios:

[The "2024 AO Example Chart" and the letter's supporting shift-schedule diagrams are images in
the source PDF and did not extract as text; the worked Examples #1-4 in the Analysis section below
restate the same scenarios and math in full prose.]

                                             LEGAL AUTHORITY

   NRS 608.0126 "Workday" defined. "Workday" means a period of 24 consecutive hours

which begins when the employee begins work.

   NRS 608.018 indicates when overtime wages are due to private employees in Nevada. The

law requires that:

   1. An employer shall pay 1 1/2 times an employee's regular wage rate whenever
   an employee who receives compensation for employment at a rate less than 1 1/2
   times the minimum rate set forth in NRS 608.250 works:
      (a) More than 40 hours in any scheduled week of work; or
      (b) More than 8 hours in any workday unless by mutual agreement the
   employee works a scheduled 10 hours per day for 4 calendar days within any
   scheduled week of work.
   2. An employer shall pay 1 1/2 times an employee's regular wage rate whenever
   an employee who receives compensation for employment at a rate not less than 1
   1/2 times the minimum rate set forth in NRS 608.250 works more than 40 hours in
   any scheduled week of work. NRS 608.018(1)-(2).

For purposes of this Advisory Opinion Request, the Labor Commissioner presumes the private
employee is not employed on a public works project pursuant to NRS 338, as those employees are
governed by NRS 338.020 regarding the payment of overtime.

                                             ADVISORY OPINION

   Your Advisory Opinion requests clarity for "overlapping workdays" from the January

2024, Advisory Opinion, which opines that an employee entitled to daily overtime in a workday
schedule can trigger daily overtime if the employee is scheduled to work multiple shifts that begin
within a 24-hour period on a single calendar day. The language calling it an "overlapping workday"
in fact is two individual employee workdays occurring consecutively during one shift due to the
employee's workday happening across two calendar days. In addition, you requested an analysis
of the following scenarios:

          Example 1 (shifts over 8 hours in a day): Assuming the employee is eligible
   for overtime based on their regular wage, what is the amount of overtime owed to
   the employee based on the following schedule under Nevada law?

          Example 2 (shifts with earlier start times the day before): Assuming the
   employee is eligible for overtime based on their regular wage, what is the amount
   of overtime owed to the employee based on the following schedule under Nevada
   law?

           Example 3 (rolling 24 hours with shifts over 8 hours after multiple days):
   Assuming the employee is eligible for overtime based on their regular wage, what
   is the amount of overtime owed to the employee based on the following schedule
   under Nevada law?

          Example 4 (multiple shifts in a day): Assuming the employee is eligible for
   overtime based on their regular wage, the employee works a normal 6:00 am to
   1:00 p.m. shift and goes home. The manager calls the employee after their shift on
   Monday and asks the employee to come back and work another shift from 7:00 a.m.
   to 11:00 p.m. to cover for a sick employee, which they do. The employee works
   from 7:00 am to 3:00 pm. The following day (Tuesday). What overtime is owed to
   the employee under Nevada law?

                                                      ANALYSIS

     Example #1 – In the proposed hypothetical, the employee works a total of 43.5 hours in

one week. The employee begins working at 11am Monday until 5pm for a total of 6 regular hours.
On Tuesday, the employee begins working at 8am until 7pm for a total of 11 hours. However, 8am
to 11am is within the 24-hour period that began on Monday at 11am. Of those hours, 2 will be
counted as regular hours and 1 as overtime. The additional 8 hours will be counted as regular hours
Therefore, the hours will be calculated as 10 regular hours and 1 overtime hour. On Wednesday,
the employee did not work. On Thursday, the employee begins working at 11am until 7pm for a
total of 8 regular hours. On Friday, the employee begins working at 10:30am until 7pm for a total
of 8.5 hours. However, 10:30am to 11am is within the 24-hour period that began on Thursday.
That ½ hour will be counted as overtime. Therefore, the hours will be calculated as 8 regular hours
and .5 overtime hours. On Saturday, the employee begins working at 11am until 7pm for a total of
8 regular hours. On Sunday, the employee begins working from 9am until 11am for a total of 2
hours. However, 9am to 11am is within the 24-hour period that began on Saturday. Therefore, the
hours will be calculated as 2 overtime hours. The total hours worked by the employee this week
equals 40 regular hours and 3.5 overtime hours.

   Example #2 – In the example, the employee works a total of 23 hours in one week. The

employee begins working at 11am on Monday until 7pm for a total of 8 regular hours. On Tuesday,
the employee begins working at 8am until 3pm for a total of 7 hours. However, 8am to 11am is
within the 24-hour period that began on Monday at 11am. Those 3 hours will be counted as
overtime hours. Therefore, the hours will be calculated as 4 regular hours and 3 overtime hours.
On Wednesday the employee begins working at 9am until 5pm for a total of 8 hours. However,
9am to 11am is within the 24-hour period that began on Tuesday. Those 2 hours will be counted
as regular hours. Therefore, the total hours will be calculated as 8 regular hours. The employee did
not work on Thursday, Friday, Saturday or Sunday. The total hours worked by the employee this
week equals 20 regular hours and 3 overtime hours.

    Example #3 – In the example, the employee works a total of 30.5 hours in one week. The

employee does not work on Monday and instead begins working at 6am on Tuesday until 12:15
pm for a total of 6.25 regular hours. On Wednesday, the employee begins working from 4:15am
until 12:15pm. for a total of 8 hours. However, 4:15am to 6am is within the 24-hour period that
began on Tuesday at 6am. Therefore, 1.75 regular hours will be counted in addition to 6.25 regular
hours for a total of 8 regular hours. On Thursday, the employee begins work at 4:15am until
12:15pm. However, 4:15am to 6am is within the 24-hour period that began on Wednesday.
Therefore, 1.75 regular hours will be counted in addition to 6.25 regular hours for a total of 8
regular hours. On Friday, the employee begins working at 4:15 am until 12:30pm for a total of
8.25 hours. However, 4:15am to 12:30pm is within the 24-hour period that began on Thursday.
Therefore, 1.75 regular hours will be counted in addition to the 6.50 regular hours for a total of
8.25 regular hours. The employee did not work on Saturday or Sunday. The total hours worked by
the employee for this week equals 30.5 regular hours.

   Example #4 – In the example, the employee works a total of 19 hours in one week. The

employee begins working from 6am on Monday until 1pm for a total of 7 regular hours. On
Monday, the employee returned to work at 7pm and worked until 11pm. For a total of 4 hours.
However, 7pm to 11pm is within the 24-hour period that began on Monday at 6am. Therefore, the
hours will be calculated at 1 regular and 3 overtime hours. On Tuesday, the employee begins
working from 7am until 3pm for a total of 8 regular hours. The total hours worked by the employee
this week equals 16 regular and 3 overtime. The Labor Commissioner recommends, when in doubt,
the overtime calculation that is more advantageous to the employee should be applied.

    Please be advised that this Advisory Opinion is limited to the specific facts and

circumstances described herein. The Office of the Labor Commissioner may revisit this issue
through the Administrative Rulemaking Process. Please be further advised that subsequent
statutory or administrative rule changes or judicial interpretation of the statutes or rules upon which
any opinion is based may require that this Advisory Opinion be modified or abandoned. Should
you need additional clarification, please do not hesitate to contact our office at (702) 486-2650.

Sincerely,

Brett K. Harris, Esq.
Labor Commissioner