A provision in Nevada's SB8 redefines what counts as compensable work time—and it could significantly reduce your wage-hour exposure.
Most Nevada trucking and transportation owners don't realize that a provision buried in SB8 fundamentally changed how their state calculates compensable work hours. The change is substantial enough to affect payroll decisions, class-action risk, and how you structure driver time.
SB8, which revises employment provisions under Nevada law, incorporates federal Portal-to-Portal Act exclusions directly into Nevada's definition of compensable hours. In plain terms: certain activities that were previously gray areas—or potentially compensable under Nevada law—are now explicitly excluded from the wage base.
Those excluded activities are:
For transportation and trucking operations, this is significant. Disputes over whether time spent waiting for loads, traveling between sites, or attending safety training should be paid have historically exposed small businesses to wage-and-hour claims and class-action litigation. SB8 eliminates that liability under state law by clarifying these activities fall outside compensable hours.
The provision applies most directly to small transportation businesses—owner-operators, independent contractors, and small fleet operators who have faced uncertainty about wage obligations. The bill shields employers from back-pay class-action exposure tied to these time categories, which has been a significant cost driver in the industry.
The change also applies retroactively to pending litigation, meaning disputes already in the system may be affected by the new standard.
SB8 became effective upon passage and approval. However, Section 1—the section amending NRS 608.016 and establishing these compensable-hours exclusions—expires by limitation on October 31, 2029. This sunset means the provision is temporary; businesses should plan accordingly and monitor legislative activity as that date approaches.
Review your current payroll practices and time-tracking systems. If you've been paying for waiting time, travel time, or training time out of caution, you now have clearer legal ground to exclude those categories—though you should verify your specific circumstances with employment counsel, as federal law and any applicable collective bargaining agreements may impose additional requirements.
Document your time-tracking methodology clearly. The clearer your records, the stronger your position if a wage-and-hour claim arises. And because the provision sunsets in 2029, stay informed about whether Nevada extends, modifies, or lets it expire.
SB8's Portal-to-Portal exclusions represent a meaningful shift in Nevada employment law for transportation businesses. Understanding the scope and timeline of this change can help you make informed decisions about payroll structure and risk management.
Source: Nevada SB8 (BDR 53-35), Section 1, amending NRS 608.016. Effective upon passage and approval; Section 1 expires October 31, 2029.