Labor Commissioner Issues Guidance On 4-10 Schedules And Daily Overtime

The Nevada Labor Commissioner has issued a Supplemental Guidance addressing two questions about applying the 4-10 exemption to daily overtime.

In Nevada, daily overtime is owed whenever an employee whose regular hourly rate is less than 1.5 times the applicable minimum wage rate works more than 8 hours in any workday. One of the exceptions to this rule is for employees who, by mutual agreement with the employer, work a scheduled 10-hour shift for 4 calendar days within any scheduled week of work.

In 2016, the Nevada Labor Commissioner issued an Advisory Opinion explaining what happens if an employee fails to work their scheduled 4-10 shift. The Labor Commissioner determined that daily overtime is owed if the schedule is not met due to circumstances within the employer’s control, while the exemption would still apply if the employee does not work the 4-10’s “due to a decision made by the employee, for reasons within the employee’s control, or to the employee’s benefit, or due to circumstances that are out of the control of the employer.”

On January 25, 2021, the Labor Commissioner issued a Supplemental Guidance addressing two additional questions about the 4-10 exemption: what if an employee does not work a 4-10 schedule because of discipline or an administrative/investigative suspension, and what happens if an employee works additional hours after the 4-10 schedule is completed? The Labor Commissioner explains that an administrative/investigative leave or a disciplinary suspension will not be considered a deviation from a 4-10 schedule requiring daily overtime. In addition the Labor Commissioner clarifies that after completing a 4-10 schedule, an employee is not prohibited from voluntarily agreeing to work additional hours/shifts with the employer responsible for overtime if the employee works over 40 hours of work in that work week.

If you have questions about Nevada overtime or the 4-10 exemption, please contact a KZA attorney.

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