As of July 1, 2021, Nevada is a two tier minimum wage system. Minimum wage is $8.75 for employers who offer employees a qualified health benefit plan. $9.75 must be paid if the employer does not offer a qualified health benefit plan.
Nevada does not have a separate minimum wage for tipped workers, and employers may not count an employee’s tips as a credit towards their minimum wage obligation.
Overtime pay, is one and a half times an employee’s normal hourly wage.
An employer can deduct the cost of processing the gratuity portion of the bill from the server’s tip.
An employer cannot deduct the cost of processing the entire bill from the server’s tip.
This is clearly stated in the Department of Labor’s website in a section concerning tipped employees under the Fair Labor Standards Act (FLSA.) The relevant section states:
“Where tips are charged on a credit card and the employer must pay the credit card company a percentage on each sale, the employer may pay the employee the tip, less that percentage.”
This sets the circumstances in which an employer can deduct processing fees from an employee’s tips. If the tip is paid by credit card and the employer pays a processing company a percentage of the transaction to process the sale, the employer can deduct the processing percentage from the employee’s tip.
The DOL website clarifies:
“For example, where a credit card company charges an employer 3 percent on all sales charged to its credit service, the employer may pay the tipped employee 97 percent of the tips without violating the FLSA.”
The Mandatory Paid Leave law requires that private employers with 50 or more employees must provide .01923 hours of paid leave for each hour of work performed to all employees (including part-time staff members).
The amount equals 40 hours of paid leave per year for employees who work 40 hours a week, and it can also be front loaded instead of accrued.