A provision in Nevada's new employment bill shields transportation companies from state-level wage claims for time already exempt under federal law.
Most Nevada trucking and transportation owners don't realize they've been exposed to a legal gap that federal law doesn't cover—until now.
For years, Nevada's wage-and-hour rules diverged from the federal Portal-to-Portal Act in a way that created risk for small businesses. The Nevada Supreme Court's decision in Amazon v. Malloy highlighted the problem: certain activities—waiting time, pre- and post-shift duties, travel time, and training—are non-compensable under federal law, but Nevada's definition of compensable hours didn't explicitly align with those federal exclusions. That gap meant a worker could theoretically file a state-law wage claim for time that is already legally non-compensable under federal standards.
SB8, which amends NRS 608.016, closes that gap by incorporating Portal-to-Portal Act exclusions directly into Nevada's compensable-hours definition. In plain terms: the bill tells Nevada courts to recognize the same time categories as non-compensable that federal law already recognizes.
If you operate a trucking or transportation company in Nevada, this provision protects you from back-wage liability for time that is already non-compensable under federal law. You're no longer caught between two different legal standards.
The affected activities include:
• Waiting time between jobs or shifts
• Pre-shift and post-shift activities (equipment checks, paperwork, cleanup)
• Travel time to and from job sites
• Training time
Under the old framework, a disgruntled employee could argue that Nevada law required payment for these activities even though federal law didn't. SB8 eliminates that argument by making Nevada law consistent with federal standards.
The bill became effective upon passage and approval. However, Section 1—the provision amending NRS 608.016—expires by limitation on October 31, 2029. This sunset date means the provision is temporary; the legislature will need to revisit the issue before that date if it wants the protection to continue.
Importantly, the bill applies retroactively to pending litigation. If you have open wage-and-hour claims, this change may affect how they're evaluated going forward.
Review your current wage practices, particularly how you classify and compensate waiting time, pre-shift duties, and travel. Make sure your timekeeping and pay practices align with what is now clearly non-compensable under Nevada law. If you've been paying for these activities out of caution, you may want to consult with an employment attorney about how the change affects your payroll going forward.
The provision doesn't eliminate all wage-and-hour obligations—it simply brings Nevada into alignment with federal law on what counts as compensable time. Your other obligations under Nevada wage law remain unchanged.
For a more detailed breakdown specific to your operation, the Nevada Trucking Association and other industry groups have published guidance on SB8's employment provisions.