Nevada: Meal and Rest Break Requirements
The short answer
Nevada generally requires a meal period of at least 30 minutes before an employee works eight continuous hours without one. It also requires paid 10-minute rest periods at a rate of one per four hours or major fraction, beginning at 3½ hours of work, subject to statutory exemptions and voluntary waiver.
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This is the general rule in Nevada. Ezel applies current Nevada law to your specific facts and answers with citations to the statutes.
| Governing law | NRS 608.019 and NAC 608.145 require meal and paid rest periods for covered employees |
|---|---|
| Required meal break | ≥30 min before 8 continuous work hours pass without a meal (NRS 608.019(1)) |
| Required paid rest break | Paid 10 min per 4 hours or major fraction; none below 3½ hours; ordinarily mid-work-period (NRS 608.019(2)) |
| Paid or unpaid? | Rest periods are paid; a meal may be unpaid, but work performed during it must be paid (NRS 608.019(2); NRS 608.016) |
| Waiver and on-duty meals | Employee may voluntarily forego meal/rest, employer bears proof; Commissioner may approve business-necessity exemption (NAC 608.145(3); NRS 608.019(4)) |
| Who is covered or exempt | Excludes a one-person place of employment and CBA-covered employees; Commissioner may grant an employer a business-necessity exemption (NRS 608.019(3)-(4)) |
| Separate rule for minors | Same meal/rest rule applies: NRS 608.019 covers all employees without an age distinction |
| Remedy for a missed break | Misdemeanor plus Labor Commissioner administrative penalty up to $5,000 per violation (NRS 608.195) |
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Required meals and paid rests
Under Nev. Rev. Stat. § 608.019(1), an employer may not keep a
covered employee working for eight continuous hours without permitting a meal
period of at least 30 minutes. A shorter pause does not interrupt that
continuous period.
Rest periods run on a separate schedule. § 608.019(2) requires 10 paid
minutes for each four hours or major fraction of four hours worked, with the
rest placed near the middle of the work period when practicable. Nev. Admin.
Code § 608.145 translates the formula into one rest for at least 3½ but less
than seven continuous hours, two for at least seven but less than 11, three for
at least 11 but less than 15, and four for at least 15 but less than 19. An
unpaid lunch is left out when calculating those hours.
The rest periods count as paid hours worked. A meal may be unpaid when it is
not work time, but Nev. Rev. Stat. § 608.016 requires wages for every hour
the employee works. An employee who must keep performing duties during lunch
therefore remains on paid time.
What trips people up
The rule has both automatic exclusions and case-specific exemptions.
§ 608.019(3) excludes a place of employment with only one employee and
employees covered by a collective-bargaining agreement. Under subsection (4),
the Labor Commissioner may approve an employer's broader exemption request when
business necessity precludes providing the benefit.
Waiver is different from a Commissioner-approved exemption. NAC 608.145(3)
allows an employee to agree voluntarily to forego a meal or rest period, but
the employer bears the burden of proving that agreement.
Nevada's general text requires every employer to authorize rest periods for
"all" employees and does not draw an age distinction. A covered minor therefore
receives the same meal and rest periods as a covered adult.
Common questions
Does an eight-hour Nevada shift require a meal period?
Yes, for a covered employee. § 608.019(1) requires at least 30 minutes so
the employee is not kept at work for eight continuous hours without a meal.
How many paid rests are due on an eight-hour workday?
Two 10-minute rests under NAC 608.145(1)(b), because the employee works at
least seven but less than 11 continuous hours. An unpaid lunch is not counted
in that calculation.
What can the Labor Commissioner impose for a violation?
Under § 608.195, a violation may be prosecuted as a misdemeanor, and the
Labor Commissioner may impose an administrative penalty of up to $5,000 for
each violation.
Statutes and sources
- Nev. Rev. Stat. § 608.019(1)-(4). The current official statute supplies the meal
and paid-rest rules, automatic exclusions, and business-necessity exemption.
Official text
(accessed July 12, 2026). - Nev. Admin. Code § 608.145. The current official rule supplies the rest
table, unpaid-lunch calculation, and voluntary-waiver standard.
Official rule
(accessed July 12, 2026). - Nev. Rev. Stat. § 608.016 and § 608.195(1)-(2). The current official text
requires pay for worked hours and states the criminal and administrative penalties.
Hours worked and
penalties
(accessed July 12, 2026). - Nevada Office of the Labor Commissioner, Meals and Rest Periods. The
official bulletin summarizes the meal and paid-rest requirements.
Official bulletin
(accessed July 12, 2026).
Source links
Every statute quoted above, linked, with the date we checked it.
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