Law Contains Provisions Regarding Wages, Overtime, and More

A new law in Nevada creates the Domestic Workers' Bill of Rights. Highlights of the law are presented below.

Definition

Under the law, "domestic worker" means a natural person who is paid by an employer to perform work of a domestic nature for the employer's household, including (among other things) housekeeping, housecleaning, cooking, laundering, nanny services, or caretaking of sick, convalescing, or elderly persons. The term includes a natural person who is employed by a third-party service or agency; and does not include a natural person who provides services on a casual, irregular, or intermittent basis.

Employment Agreement

An employer must provide to a domestic worker--when he or she begins employment--a written employment agreement outlining the conditions of employment. If the domestic worker is not able to understand the provisions of the written agreement, the employer must ensure that those provisions are explained to the domestic worker in a language that the domestic worker understands.

The employment agreement must include (among other things) certain wage, hour, and benefits information, along with a notice of all applicable state and federal laws pertaining to the employment of domestic workers. The Labor Commissioner is expected to post a multilingual notice of employment rights provided under the state Domestic Workers' Bill of Rights and any applicable state and federal laws pertaining to the employment of domestic workers, which employers may use to comply with the notice provision mentioned. Click here (Sect. 6(1)(a)) for additional items that the employment agreement must include.

Minimum Wage and Overtime

A domestic worker generally must--for all of his or her working time--be paid at least the minimum hourly wage published under the Nevada Constitution.

If a domestic worker is required to be on duty, he or she generally must be paid for all working time, including (without limitation) sleeping time and meal breaks.

Additionally, a domestic worker who is paid less than one and one-half times the minimum hourly wage generally must be paid at least one and one-half times the domestic worker's regular rate of wages for all working time in excess of 8 hours in a workday or 40 hours in a week of work (in accordance with the provisions of Sect. 608.018).

Note: Certain state overtime provisions (see Sect 1.5) do not apply to a domestic worker who resides in the household where he or she works if the domestic worker and his or her employer agree in writing to exempt the domestic worker from the requirements of state law.

Rest Periods

If a domestic worker is hired to work for 40 hours per week or more, his or her employer must provide a period of rest of at least 24 consecutive hours in each calendar week and at least 48 consecutive hours during each calendar month. The domestic worker may agree in writing to work on a scheduled day of rest, but must be compensated for such time under the law.

Recordkeeping and Additional Provisions

An employer must keep a record of the wages and hours of the domestic worker as required by state law (Sect. 608.115).

If a domestic worker resides in the employer's household and the employer terminates his or her employment without cause, the employer must provide written notice and at least 30 days of lodging to the domestic worker, either on-site or in comparable off-site conditions.

Additionally, an employer may not restrict, interfere with, or monitor a domestic worker's private communications or take any of the domestic worker's documents or other personal effects.

Additional details, including provisions for both domestic workers and other employees on wage deductions regarding lodging, meals, and uniforms (see Sect. 1, 2, and 6(1)(f)-(h)), are available in the text of the law. The law generally takes effect January 1, 2018. Affected employers with questions about the law's impact on workplace policies and practices should contact a knowledgeable employment law attorney.

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