Rest and meal break violations occur when employers fail to provide their employees with the legally required rest and meal breaks during their work shift. In Nevada, these breaks are mandated by state labor laws, and employers who violate them can face significant penalties and lawsuits. Here’s what you need to know about rest and meal break violations in Nevada.
Rest Breaks
Nevada law requires that employers provide their employees with a paid rest break of at least ten consecutive minutes for each four hours worked. This break must be given in the middle of the work period, if possible. Employers are not allowed to deduct this time from an employee’s pay or require employees to perform work-related tasks during the break.
If an employer fails to provide a required rest break, the employee may be entitled to an additional hour of pay at their regular rate of pay for that workday. This is known as a “premium pay” penalty.
Meal Breaks
Nevada law also requires employers to provide their employees with a meal break of at least thirty consecutive minutes for each eight hours worked. This break must be provided no later than the end of the fifth hour of work, and employers cannot require employees to perform work-related tasks during the break.
If an employer fails to provide a required meal break, the employee may be entitled to a premium pay penalty of one hour of pay at their regular rate of pay for that workday.
Exceptions to the Break Requirements
There are some exceptions to the break requirements. For example, if an employee works a shift of fewer than three and a half hours, they are not entitled to a rest break. Similarly, employees who work in certain industries, such as construction, may be exempt from the meal break requirement if their work requires them to be on-call or on standby.
Enforcement of Break Requirements
Employers who violate rest and meal break requirements can be subject to lawsuits, investigations by state labor agencies, and fines. Employees who believe their employer has violated break requirements can file a complaint with the Nevada Labor Commissioner’s Office, which may investigate the complaint and take legal action against the employer.
In addition to the premium pay penalties discussed above, employers who violate break requirements can be ordered to pay back wages, interest, and other damages to their employees. They can also be subject to civil penalties of up to $5,000 per violation.
Defenses to Break Violations
Employers can defend themselves against break violations by showing that they made a good faith effort to provide their employees with the required breaks. For example, if an employer can demonstrate that they had a policy in place requiring employees to take rest and meal breaks, but an individual employee chose to work through their break, the employer may be able to avoid liability for that employee’s missed break.
Employers can also argue that the break requirements are unreasonable or burdensome given the nature of their business. However, courts are generally hesitant to accept this argument, as the break requirements are considered to be important safeguards for employees’ health and well-being.
