Nevada’s Legislature To Immediately Consider Adopting Federal Exceptions To “Work Time”

A special session of the Nevada Legislature convenes today pursuant to Governor Lombardo’s recent Proclamation. Fortunately for Nevada employers, this Proclamation requires the Legislature to consider amending Nevada law to conform with federal law on the definition of “work time.” Should such a measure pass, the Legislature will have swiftly eliminated the impact of the Nevada Supreme Court’s October 30, 2025 decision in Amazon.com Services, LLC v. Malloy.

As we explained last week, the Nevada Supreme Court decided in Amazon.com Services that Nevada law does not include the same exemptions from “work time” found in federal law under the Portal-to-Portal Act (“PPA”). The PPA excludes certain  pre- and post-shift activities from the definition of “work,” such as activities like walking to a workstation, changing clothes, or pre-shift screenings. Without these exceptions, most Nevada employers are facing major changes to their payroll practices as well as the threat of class action lawsuits over whether they are paying their hourly employees for all time worked. 

We will closely monitor the special session and keep you informed of developments. If you have questions or would like to discuss the impact of Amazon.com Services on your business, 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.