1. An employer shall pay 1 1/2 times an employees regular wage rate whenever an employee who receives compensation for employment at a rate less than 1 1/2 times the minimum rate set forth in NRS 608.250 works: (a) More than 40 hours in any scheduled week of work; or (b) More than 8 hours in any workday unless by mutual agreement the employee works a scheduled 10 hours per day for 4 calendar days within any scheduled week of work. 2. An employer shall pay 1 1/2 times an employees regular wage rate whenever an employee who receives compensation for employment at a rate not less than 1 1/2 times the minimum rate set forth in NRS 608.250 works more than 40 hours in any scheduled week of work. 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. 201 et seq., 29 C.F.R. 778.107 to 778.122, inclusive, 778.200 to 778.225, inclusive, 778.300 to 778.333, inclusive, 778.400 to 778.421, inclusive, and 778.500 to 778.503, inclusive. 3. The provisions of subsections 1 and 2 do not apply to: (a) Employees who are not covered by the minimum wage provisions of Section 16 of Article 15 of the Nevada Constitution; (b) Outside buyers; (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 being, to the extent allowed pursuant to federal law, not less than 1 month; (d) Employees who are employed in bona fide executive, administrative or professional capacities; (e) Employees covered by collective bargaining agreements which provide otherwise for overtime; (f) Drivers, drivers helpers, loaders and mechanics for motor carriers subject to the Motor Carrier Act of 1935, as amended; (g) Employees of a railroad; (h) Employees of a carrier by air; (i) Drivers or drivers helpers making local deliveries and paid on a trip-rate basis or other delivery payment plan; (j) Drivers of taxicabs or limousines; (k) Agricultural employees; (l) Employees of business enterprises having a gross sales volume of less than $250,000 per year; (m) Any salesperson or mechanic primarily engaged in selling or servicing automobiles, trucks or farm equipment; (n) A mechanic or worker for any hours to which the provisions of subsection 3 or 4 of NRS 338.020 apply; (o) A domestic worker who resides in the household where he or she works if the domestic worker and his or her employer agree in writing to exempt the domestic worker from the requirements of subsections 1 and 2; 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. 4. Any regulation of the Director of the Department of Human Services concerning the payment of overtime to a home care employee adopted pursuant to NRS 608.670 prevails over the general provisions of this section. 5. As used in this section: (a) Domestic worker has the meaning ascribed to it in NRS 613.620 . (b) Home care employee has the meaning ascribed to it in NRS 608.530 .
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