Nevada Clarifies Portal to Portal Act Application

During a November 2025 special session, the Nevada legislature passed Senate Bill 8 (SB8) to expressly incorporate key provisions of the federal Portal-to-Portal Act into state law. This statutory amendment came on the heels of an October Nevada Supreme Court ruling in Amazon.com Services, LLC v. Malloy, which held that although Nevada's wage laws generally mirror and run parallel to the FLSA, the Nevada legislature did not intend to incorporate the Portal-to-Portal Act’s exceptions to compensable work activities including its exemptions for certain pre- and post-shift activities. The governor signed SB8 into law on November 20, 2025.

The Federal Portal-to-Portal Act

The Portal-to-Portal Act amended the FLSA to clarify that certain activities performed by employees before and after their primary work duties are not considered hours worked for which they are entitled to compensation. The Portal-to-Portal Act specifically exempts from compensation time spent traveling to and from the actual place of performance of work as well as activities that are preliminary or postliminary to an employee’s principal activities. The intent of the Portal-to-Portal Act is to delineate the boundaries for employers regarding the types of pre- and post-work activities that are compensable.

Nevada Law – What was Amended 

NRS 608.016

• NRS 608.016 is amended to now expressly state that it excludes from hours of work such time excluded by sections 2 and 4 of the Portal-to-Portal Act and the following federal regs adopted under the FLSA: 29 CFR §§ 785.14 to 785.17, 785.26, 785.27 to 785.32, 785.33 to 785.41.
• The amendment adds that an employer shall not require an employee to work without wages when an employee is donning or doffing a uniform or PPE where employees are not permitted to wear uniforms or PPE from home. 

NRS 608.018

• NRS 608.018(2) was also amended to state that the calculation for weekly overtime for an employee who receives compensation at a rate not less than 1.5 times minimum wage is subject to the following federal regulations related to principles for computing overtime pay based on regular rate adopted under the FLSA: 29 CFR §§ 778.107 to 778.122, 778.200 to 778.225, 778 to 778.333, 778.400 to 778.421and 778.500 to 778.503.

What does this mean?

For years Nevada employers have been operating under the long-standing principle that Nevada law aligns with the FLSA unless Nevada statutes expressly diverge from federal law. The Malloy decision held otherwise with respect to the Portal-to-Portal Act. The Nevada legislature acted swiftly to add express language to the Nevada wage statutes to incorporate key provisions of the Portal-to-Portal Act to bring Nevada law in close harmony with federal law. The amendment reflects the legislature’s continued intent to align state wage laws with federal.

Other key notes

• Retroactive immunity: The amendment applies retroactively to any actions pending as of the effective date or filed after the effective date including actions where the events giving rise to the action occurred before the effective date, protecting employers from past practices consistent with the Portal-to-Portal Act, addressing concerns raised by the Malloy decision.
• Sunset provision: The amendment to NRS 608.016 expires on October 31, 2029, allowing for future legislative review.

The full text of the bill is available here.