SB 8 — Revises provisions relating to employment. (BDR 53-35)

(ReprintedSenate withBill amendmentsNo. adopted on November 16, 2025) FIRST REPRINT S.B.

88–Select SENATECommittee BILLon NJobs O.and Economy CHAPTER..........

8–SELECT C OMMITTEE ON JOBS AND ECONOMY NOVEMBER 15, 2025 ____________ Referred to Select Committee on Jobs and Economy SUMMARY—Revises provisions relating to employment.

(BDR 53-35) FISCAL NOTE:

EffEffect on the State:

No.

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Existing law establishes requirements relating to compensation, wages and hoursexceptions that are similar to certain exceptions found in federal law and certain regulations relating to the federal Fair Labor Standards Act of employees.1938, an employer to pay compensation to an employee for each hour the employee works.

(Chapter(NRS 608608.016, of608.0195, NRS)608.215; Existing state law requires, with certain exceptions that are similar to certain exceptions found in federal law and pay compensation to an employee for each hour the employee works.

(NRSan employer to 608.016, 608.0195, 608.215;

§§ 552.102, 785.22) The federal Portal-to-Portal Act of 1947 provides that certain activities are not compensable under the federal Fair Labor Standards Act, including those which are preliminary to or postliminary to the principal activity or activities which the employeeSupreme isCourt engagedheld tothat perform.the Nevada Legislature has not incorporated thoseda additional exceptions from the federal Portal-to-Portal Act into state law.

(29 U.S.C.

§§ 252, 254) In 2025, the Nevada additional exceptions from the federal Portal-to-Portal Act into state law.

(1) relief from preparatorycertain claims, liability and concludingpunishment activities;under federal law;

(4)(2) lectures,waiting meetingstime; and trainingme;

§§ 785.14-785.17, 785.26-785.41) ExistingSection law5 requires,of withthis certainbill exceptions,provides that employeesthe beamendatory paidprovisions overtimeof forsection certain1 hours.expire by limitation on October 31, 2029.

Existing law requires, with certain exceptions, that employees be paid overtime for certain hours.

§§ 778.107-778.503)ular rate of pay under the Fair Labor Standards -EXPLANATION *SB8_R1* – 2Matter –in THEbolded PEOPLEitalics OFis THEnew; STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

matter between brackets [omitted material] is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

608.016 Except as otherwise provided in NRS 608.0195 and 608.215, and excluding from hours of work such time excluded by sections 2 and 4 of the Portal-to-Portal Act of 1947, as amended, 29 U.S.C.

§§ 252 and 254, and the following specific federal regulations adopted under the Fair Labor Standards Act of 1938, 29 U.S.C.

§§ 785.14 to 785.17, inclusive, 785.26, 785.27 to 785.32, inclusive, and 785.33 to 785.41, - 36th Special Session (2025) – 2 – inclusive, an employer shall pay to the employee wages for each hour the employee works.

An employer shall not require an employee to work without wages during a trial or break-in period [.] or when an employee is donning or doffing a uniform or personal protective equipment where employees are not permitted to bring or wear uniforms or personal protective equipment from home.home.ing Sec.

Sec.

Such a calculation is subject to the following federal regulations which relate to principles for computing overtime pay based on the regular rate, adopted under the Fair Labor Standards Act of 1938, 29 U.S.C.

(a) Employees who are not covered by the minimum wage provisions of Section 16 of Article 15 of the Nevada Constitution;

(c) Employees in a retail or service business if their regular rate is more than 1 1/2 times the minimum wage, and more than half their compensation for a representative period comes from commissions on goods or services, with the representative period - *SB8_R1* – 3 – being, to the extent allowed pursuant to federal law, not less than 1 month;

(h)- Employees36th ofSpecial Session (2025) – 3 – (i) Drivers or drivers’ helpers making local deliveries and paid on a carriertrip-rate bybasis air;or other delivery payment plan;

(i) Drivers or drivers’ helpers making local deliveries and paid on a trip-rate basis or other delivery payment plan;

and (p) A domestic service employee who resides in the household where he or she works if the domestic service employee and his or her employer agree in writing to exempt the domestic service employee from the requirements of subsections 1 and 2.2.ervice 4.

4.

The1. amendatory provisions of this act apply to any action or proceeding that is pending as of the effective date of this act or filed on or after the effective date of this act, including, without limitation, such an action or proceeding where an act, omission or underlying event giving rise to the action or proceeding occurred before the effective date of this act.

Sec.The amendatory provisions of section 1 of this act apply to any action or proceeding that is pending as of the effective date of this act or filed on or after the effective date of this act, including, without limitation, such an action or proceeding where an act, omission or underlying event giving rise to the action or after the effective date of this act and not later than October 31, 2029.

4.2.

NotwithstandingThe theamendatory provisions of NRSsection 218D.4302 andof 218D.435,this aact committeeapply mayto voteany onaction or proceeding that is pending as of the effective date of this act beforeor filed on or after the expirationeffective date of -this *SB8_R1*act, –including, 4without –limitation, NRSsuch 218D.475.an action or proceeding where an act, omission or underlying event giving rise to the action or proceeding occurred before the effective date of this act.

- 36th Special Session (2025) – 4 – 218D.435, a committee may vote on this act before the expiration of the period prescribed for the return of a fiscal note in NRS 218D.475.

1.