Nevada Supreme Court Expands What Counts As “Work” — Major Change To Wage & Hour Rules For All Nevada Employers
On October 30, 2025, the Nevada Supreme Court issued a significant decision that reshapes how employers must pay employees for their time. In Amazon.com Services, LLC v. Malloy, the Court ruled that Nevada law does not include the same exemptions from “work time” found in federal law under the Portal-to-Portal Act. This ruling has sweeping implications for all Nevada employers.
What Happened
During the COVID-19 pandemic, Amazon required employees to take part in a health screening before each shift. A group of employees sued, claiming they should have been paid for that screening time.
Amazon argued that under federal law, such time was not compensable because it was “preliminary” to the employee’s main job duties. That argument relied on a federal law called the Portal-to-Portal Act (“PPA”), which amended portions of the Fair Labor Standards Act (“FLSA”). The PPA excludes certain pre- and post-shift activities from the definition of “work.”
A federal judge and the Nevada Supreme Court disagreed, concluding that Nevada never adopted those federal exclusions under the PPA.
The Court’s Ruling
The Nevada Supreme Court held that although Nevada’s wage laws often mirror the FLSA, the Nevada Legislature did not adopt the Portal-to-Portal Act.
That means the exceptions under the PPA—for activities like walking to a workstation, changing clothes, or pre-shift screenings—do not apply in Nevada. If an employer requires or directs an employee to perform a task, that time must generally be paid, even if it happens before or after the employee’s scheduled shift.
Why This Matters
This decision eliminates the “preliminary” and “postliminary” exceptions to work that many employers have relied upon and will likely result in increased wage and hour claims across the state. We anticipate that the boundaries of this ruling will be tested aggressively by plaintiffs’ attorneys, and it remains to be seen how the courts will interpret and apply this newest legal development.
Examples of Activities Now Likely Considered “Work Time”
- Security screenings before or after shifts
- Changing into or out of uniforms on the employer’s property
- Picking up or returning tools, equipment, or materials (e.g., cash banks, radios, cleaning carts)
- Pre- or post-shift meetings or reviewing reports/logbooks
What Employers Should Do Now
- Audit your pay practices for hourly employees
- Review any pre- or post-shift requirements to determine if those activities should now be paid
- Seek legal guidance before implementing or continuing any “off-the-clock” activities
We strongly encourage all employers to immediately review and potentially change their timekeeping and pay practices to avoid the potential risk of increased legal challenges. Wage and hour litigation, which often involves class actions involving numerous employees, can be extremely costly for an employer.
KZA attorneys are available to help you review your current wage and hour policies, update payroll practices, and reduce your risk of potential claims under this new interpretation of Nevada law.
Please contact KZA for assistance or additional guidance.
KZA Employer Report articles are for general information only; they are not intended and should not be construed to be legal advice. Reading or replying to such articles does not establish an attorney-client relationship. In addition, because the subject matters and applicable laws discussed in Employer Report articles are often in a state of change and not always applicable to every type of business entity or organization, readers should consult with counsel before making decisions based on the same.