Nevada Overtime Rule - TWP

UPDATE July 10, 2018 - SwipeClock will be releasing an update that affects the NV11 and Nevada overtime rules. SwipeClock feels these changes more accurately address the law as it pertains to the rolling 24 hour period used in calculating daily overtime.

In summary:
  • The rolling 24 hour period is now calculated from the in punch forward as opposed to calculating from the out punch backwards.
  • The time card will not use overlapping, rolling 24 hour periods. If an in punch is recorded prior to the end of an established rolling 24 hour period, then the time card will continue to use that established window regardless of the new in punch. It will not create a new 24 hour period starting from the new in punch. For example, if an employee has an established 9am to 9am rolling 24 hour period and they clock out for lunch at 1pm, the time card will not create a new, 1pm to 1pm rolling 24 hour period.
  • Once an in punch is recorded outside of an established rolling 24 hour period, the time card will create a new rolling 24 hour period. For example, if an employee had an established 9am to 9am rolling 24 hour period, but following a 9am to 5pm shift, worked a 10am to 6pm shift, the time card would use a 10am to 10am rolling 24 hour period from that point forward.
This article will be updated soon with additional instructions on how to implement overtime for your Nevada clients.
The Nevada overtime rule addresses specific conditions mandated by the state of Nevada. It sets a weekly threshold at 40 hours and a daily 8 hour threshold for employees based on their pay rate. This rule is found in the Processing Rules page under the Overtime category. It allows for an employee to earn daily overtime based on their pay rate.

This article specifically addresses the Nevada rule, not the NV or NV11 rule.

Activating and Configuring the Rule

The Nevada overtime rule is accessed through the click path in your clients TimeWorksPlus account. Settings Menu / Processing Rules / Overtime / Nevada

The rule has some parameters that need to be configured.
  • Workday is defined as - This rule has a daily overtime component if the employee works more than 8 hours in a workday, which can account for two separate shifts separated by less than 24 hours. This 24 hour period can be viewied in the following manner.
    • ​Calendar day - The employee's 8 hour limit is only observed from midnight to midnight. So if an employee works 9am to 5pm, they would not get overtime if they worked the next day from 7am to 3pm.
    • 24 hour - This method starts a 24 hour timer from the start of their shift. So if an employee works 9am to 5pm, they would get overtime if they worked the next day from 7am to 3pm. This is because less than 24 hours passed before they started their second shift.
    • No Daily Overtime - This option will not assess overtime for any employee that works more than 8 hours in a 24 hour period. 
  • Applicable pay rate - The law in Nevada dictates an 8 hour daily overtime threshold based on the employee's pay rate. This option dictates what rate the system uses to decide if an employee has a daily threshold.
    • Default employee pay rate - The default rate in Employee Setup will be used when deciding if an employee has a daily overtime threshold. The rate shown on the time card (which may be the same as the default pay rate) will be ignored.
    • Timecard - The rate on the timecard will dictate if the employee gets daily overtime. So if you have scripting that is changing a rate based on a department, or a manager is overriding a pay rate through a time card edit and you want that rate to dictate the overtime, use this option.

Employee Setup Configuration - Exempting Employees from Rule

In addition to configuring the parameters of the rule, you will also want to add individual employee information to Employee Setup for the rule to work properly.
  1. Add a pay rate to Employee Setup Because this rule looks at the hourly rate when assessing daily overtime, you will want to put a rate in the Default Pay Rate field for each employee. IMPORTANT: The pay rates have an effective date, so make sure you set that date to coincide with the date on which you want the rule to start running.
  2. Med Benefits Eligible With the activation of this rule, a new field will be added to the Employee Data section of Employee Setup called Med Benefits Eligible. There are three options here that dictate if the employee gets daily overtime and what the pay rate threshold is for daily overtime.

Med Benefits Eligible - What pay rate decides if they get daily overtime?

The three options under the Med Benefits Eligible field in Employee Setup have the following effect. 
  • Medical Benefit Payrate should apply means that if this employee earns $10.87/hr* or less, they will get daily overtime.
  • Medical Benefit Payrate shouldn't apply means that if this employee earns $12.37/hr* or less, they will get daily overtime.
  • No Daily Overtime means the employee will not get daily overtime regardless of the pay rate.
*These rates are hard coded into the system and based on the current Nevada overtime laws.

Do I have to set this for each employee?

You can use the Work With Selected option in Employee Setup to change the Med Benefits Eligible status for multiple employees at one time. However, you will not have the dropdown list like you do in the individual Employee Setup screen. Since the entry in this field has to match exactly, we are listing the options here as they should appear in the text. Make sure to not have any leading or trailing spaces.
  • Medical Benefit Payrate should apply
  • Medical Benefit Payrate should't apply
  • No Daily Overtime

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