Nevada Legislature Adopts Federal Exceptions To “Work Time”

Today, the Nevada Legislature passed a bill that eliminates the impact of the Nevada Supreme Court’s October 30, 2025 decision in Amazon.com Services, LLC v. Malloy. Senate Bill 8 adopts the exemptions from “work time” found in federal law under the Portal-to-Portal Act (“PPA”) and protects Nevada employers from potential wage and hour liability because of the Malloy decision. 

The bill was presented by the Las Vegas Chamber of Commerce and the Nevada Resort Association and received significant support from employers and their associations. It was opposed by several unions, plaintiffs’ lawyers, and others. Senate Bill 8 was proposed in the Special Session on Saturday, November 15 and passed the Senate with a 19 to 2 vote on Sunday, November 16. The Assembly passed Senate Bill 8 today with a 33 to 4 vote (with 5 excused votes).  

Section 1 of the bill adopts Sections 2 and 4 of the Portal-to-Portal Act which exclude from “work time” the following:

• Walking, riding, or traveling to and from the actual place of performance of the principal activity or activities which such employee is employed to perform; and 
• Activities which are preliminary to or postliminary to said principal activity or activities. 

Section 1 also adopts federal regulations governing the principles of waiting time, on duty and off duty, and on-call time; attendance at lectures, meetings and training programs; and travel time. Finally, it requires employers to pay for the time it takes an employee to change into or out of a uniform or personal protective equipment when employees are required to change at work. 

The good news: Section 1 does not change Nevada law; it simply incorporates, expressly, into our wage law the federal principles Nevada employers have always been able to rely upon before the Malloy decision. 

The “bad” news: As part of the compromise needed to pass Senate Bill 8, Section 1 expires on October 31, 2029. This allows the Legislature to revisit the issue of what should be included in “work time” under Nevada law during the 2027 and 2029 legislative sessions. 

More good news: Section 2 of SB 8 clarifies Nevada wage law by adopting the federal method for calculating the regular rate of pay for overtime purposes. And Section 3 provides that SB 8 applies retroactively such that employers cannot be liable for paying employees in conformity with the PPA despite the Malloy decision. 

This is a great result for Nevada employers, and we congratulate and thank everyone who worked hard to ensure that SB 8 was placed on the agenda for the Special Session, heard by the Senate and Assembly, and passed so quickly with language that preserves the status quo and protects employers from increased uncertainty and litigation. The Legislature will continue to consider this issue in the future so employers need to pay attention for changes in the years to come.  

If you have questions about SB 8 or what counts as compensable “work time,” please contact a KZA attorney. 

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.