How to Hire Employees in Nevada: The Complete Compliance Sequence
Step-by-step Nevada hiring guide for small business: DETR registration, workers comp, pay transparency, I-9, the 20-day new hire report, and onboarding.
How to Hire Employees in Nevada
The first-hire compliance sequence, in the order the work actually happens
The first Nevada employer I helped through a first hire came in convinced the state would be easy. No income tax, no withholding form, a friendly business climate. He had already posted the job with a national template that asked for current compensation, and he had already scheduled the new hire on four ten hour shifts without the written agreement that keeps that schedule out of Nevada daily overtime. Both decisions were wrong, and neither was obvious from anywhere in the offer letter.
Nevada is genuinely light in some places and unusually strict in others, and the strict parts cluster at exactly the moment a first hire happens. Pay history is off limits and the wage range has to be handed over after the interview. Overtime can start after eight hours rather than forty. Workers compensation is mandatory from the first employee with no elective route. None of that shows up in the generic advice about EINs and I-9s.
I built FirstHR because this is precisely the sequence a business without a dedicated HR person keeps dropping. The rules are learnable in an afternoon. Doing them in the right order, on the right day, is the part that never happens on its own. Below is the full Nevada sequence in the order the work actually occurs, with the deadline and the exposure attached to each step, checked against the agency or the statute that governs it.
The Nevada Hiring Sequence at a Glance
Every item below is a legal obligation with a named enforcing body and a stated consequence. Six of them land before you have a candidate in hand, two around the offer and the start date, and the rest inside the first month of employment.
The rest of this guide walks each step in the same order, calling out where Nevada departs from the generic national advice on hiring your first employee. The broader picture, covering leave, termination and recordkeeping after the hire is complete, sits in the Nevada compliance hub.
Step 1: Get Your Federal Employer Identification Number
Start with the federal Employer Identification Number, because every Nevada registration that follows asks for it on the identification screen. The EIN is how the IRS identifies your business on employment tax returns and deposits, and it is also the number a workers compensation carrier will want on the application.
If you formed an LLC or a corporation and already hold an EIN, reuse it. If you have been operating as a sole proprietor and filing under your Social Security number, you need one now. Payroll tax deposits cannot be made against a personal Social Security number, and none of the state accounts will open without a federal number attached.
Finish this before touching anything else. Founders who run the state registrations in parallel with the EIN application almost always restart one of them, because the portals ask for the federal number at the beginning rather than at the end. Ten minutes here removes a dependency from four separate steps at once.
Step 2: Hold the State Business License and the Local One
Nevada licenses businesses at two levels, and both matter before you employ anyone. The Nevada State Business License comes from the Secretary of State through the SilverFlume business portal, and state law requires every person or entity doing business in Nevada to hold one and renew it annually. The fee is $500 for corporations and $200 for other business types.
The second license is local, and it is the one out-of-state founders forget. Every Nevada business needs a license from the city or county where it operates. Clark County alone is split into six licensing jurisdictions: unincorporated Clark County, Las Vegas, North Las Vegas, Henderson, Boulder City and Mesquite. Reno and Sparks sit in Washoe County with their own offices. If your address is inside a city but you regularly work in the surrounding county, you may need both.
The state license is an annual obligation rather than a one-time filing. Under NRS 76.130 it renews at the same $500 or $200 fee, due with your annual list or, for a business that files no annual list, in the anniversary month of issuance. Late renewal adds a $100 penalty on top of the fee, and the reminder the Secretary of State sends 90 days out is not something to rely on.
| Registration | Agency | Where you register | What it covers |
|---|---|---|---|
| Federal EIN | Internal Revenue Service | IRS online application | Federal employment tax reporting and deposits |
| State Business License | Nevada Secretary of State | SilverFlume business portal | Authority to do business in Nevada, renewed annually |
| Local business license | Your city or county | City or county licensing office | Authority to operate in that jurisdiction |
| Unemployment insurance | Nevada DETR, Employment Security Division | Employer Self Service portal | State unemployment benefits, charged to your account |
| Modified Business Tax | Nevada Department of Taxation | My Nevada Tax online services | Quarterly payroll tax on gross wages above the exemption |
| Workers compensation policy | A licensed private carrier | Your broker or carrier | Medical care and wage replacement for work injuries |
Step 3: Register for Unemployment Insurance
Unemployment insurance registration goes to the Nevada Department of Employment, Training and Rehabilitation, through its Employer Self Service portal. You become a subject employer in the calendar quarter in which you first pay $225 or more in wages, and from that quarter forward you file quarterly reports until the account is closed, even in a quarter when wages fall below the threshold.
New employers do not pick their own unemployment contribution rate. Nevada assigns 2.95 percent of taxable wages to a new employer, and under NRS 612.550 that rate cannot come down until your account has been chargeable with benefits through at least 10, and ordinarily 12, consecutive calendar quarters ending on the annual computation date. Experience rating takes over after that. A separate Career Enhancement Program tax of 0.05 percent sits on top of the contribution rate.
The base those rates apply to is recalculated every year at 66 and two thirds percent of the average annual wage paid to Nevada workers, and it is $43,700 for the 2026 calendar year. Contributions stop once an employee crosses the base, which front-loads unemployment tax into the early months of the year for a salaried hire and spreads it across more of the year for a part-time one. The full tax picture sits in the Nevada payroll guide.
Step 4: Set Up the Modified Business Tax
Nevada has no state income tax, so there is no withholding account and no state W-4. What Nevada has instead is a payroll tax on the employer. Every employer subject to the state unemployment compensation law is also subject to the Modified Business Tax, administered by the Department of Taxation.
For a general business the rate is 1.17 percent, applied to total gross wages less employee health care benefits paid by the employer, and the first $50,000 of wages in a calendar quarter is not taxable. Financial institutions and mining businesses pay 1.554 percent with no quarterly exemption at all. Returns are filed quarterly whether or not any tax is owed, which is the part small employers skip in the quarters when the exemption swallows the whole payroll.
The practical consequence for a first hire is a budgeting one. A single employee at a typical small business salary usually falls under the quarterly exemption, so the tax owed is zero, and the filing obligation still exists. Details on rates and filing sit on the Department of Taxation Modified Business Tax page.
Step 5: Put Workers Compensation Coverage in Force
Nevada requires workers compensation insurance for an employer with one or more employees, and coverage is not elective. The Workers Compensation Section of the Division of Industrial Relations enforces it. Part-time status changes nothing, and the independent enterprise route in NRS 616B.603 that can put a contractor outside your coverage is closed to a licensed principal contractor in construction.
The exclusions are narrow and structural. Casual employment is one, and NRS 616A.075 defines it tightly: work contemplated to be completed in 20 working days or parts of days in a calendar quarter, with a total labor cost under $500, and outside your trade or business. Certain interstate commerce arrangements outside state legislative power are another. None of that describes the person you are about to hire onto a regular schedule.
Price the coverage before you finalize the wage. Premium is driven by payroll and by the classification code describing the work, so a warehouse role and a desk role at the same salary do not cost the same to insure. Getting a quote during the offer stage rather than the week before the start date keeps the total cost of the hire honest and removes the temptation to let the start date drift ahead of the binder. Employer guidance is published by the Division of Industrial Relations.
Step 6: Fix the Ad, the Interview and the Offer
Nevada regulates the hiring conversation itself, which is where imported templates do the most damage. Two rules govern it. You may not seek or rely on an applicant pay history, and you must provide the wage or salary range or rate to an applicant who has completed an interview for the position.
The disclosure is automatic. The applicant does not have to ask, and there is no exception for a small employer. For a current employee applying to a promotion or transfer, the range goes out on request once the employee has interviewed for or been offered the new role. You may still ask an applicant what they expect to earn, which is the one question the statute expressly preserves. The Labor Commissioner enforces all of it with an administrative penalty of up to $5,000 per violation, plus recovery of the costs of the proceeding.
The second Nevada surprise is drug screening. It is unlawful to refuse to hire a prospective employee because a screening test indicated the presence of marijuana, unless the position is a firefighter, an emergency medical technician, a role requiring the employee to operate a motor vehicle for which federal or state law mandates testing, or a role that in the determination of the employer could adversely affect the safety of others. An employee required to test within the first 30 days of employment also has the right to pay for a second test to rebut the first result. A lawful background check still runs under federal fair credit reporting rules on top of this.
| Hiring-stage rule | What Nevada requires | Common error |
|---|---|---|
| Pay history | May not be sought or relied on to decide an offer or a rate | A compensation field inherited from a national application form |
| Wage range disclosure | Provided to any applicant who has completed an interview, without a request | Waiting for the candidate to ask before naming a number |
| Pay expectations | Asking what the applicant expects to earn remains lawful | Deleting the expectation question along with the history question |
| Marijuana screening | A positive pre-employment result cannot be the reason for refusing to hire, outside listed exceptions | A blanket screening policy applied to every role |
| Discrimination coverage | State fair employment practices reach an employer with 15 or more employees; federal and wage rules start earlier | Assuming no anti-discrimination duty exists at the first hire |
| Offer letter | No statutory form, but the pay rate and pay schedule belong in writing | A verbal offer with the range never documented |
Write the wage, the pay schedule and the overtime treatment into the offer letter in plain words. Wages in private employment are due semimonthly under NRS 608.060, so a monthly pay cycle imported from another state is not available for your hourly staff. The statute leaves one narrow carve-out, letting an employer whose principal place of business sits outside Nevada set different paydays for executive, administrative and professional employees and outside salespeople. Naming the calendar explicitly is cheaper than discovering the default after the first pay period.
Step 7: Verify Work Authorization With Form I-9
Nevada adds no state layer to work authorization for ordinary private employers, so the federal rules stand alone. The employee completes Section 1 of Form I-9 no later than the first day of work. You complete Section 2 within three business days of the start date by examining original documents the employee chooses to present.
You may not tell the employee which documents to bring. Specifying documents is its own violation, separate from any deadline problem. E-Verify is voluntary in Nevada, which adds no state mandate of its own for private employers. The exception is federal and contractual: a contract carrying the employment eligibility verification clause at FAR 52.222-54 requires enrollment within 30 calendar days of award and verification of new hires within three business days of the date of hire.
The reason this step deserves a calendar entry rather than a mental note is arithmetic. Federal civil money penalties are assessed per form and per employee rather than per audit, and paperwork errors get cited even when every worker turns out to be authorized. The file you keep matters as much as the hire you made.
Then collect the federal Form W-4 before the first paycheck. That is the entire withholding package in Nevada. There is no state W-4, no state withholding account and no state income tax, which makes the paperwork lighter here than in most states. Everything except the employer half of the I-9 can be collected digitally in advance, which is the whole point of structured new hire paperwork.
| Form or notice | Who completes it | When | What it drives |
|---|---|---|---|
| Form I-9, Section 1 | Employee | No later than the first day of work | Identity and work authorization attestation |
| Form I-9, Section 2 | Employer | Within three business days of the start date | Employer document examination and certification |
| Form W-4 | Employee | Before the first paycheck | Federal income tax withholding |
| Wage range record | Employer | At the close of the interview | Proof the NRS 613.133 disclosure was made |
| New hire report | Employer | Within 20 days of the date of hire | State directory of new hires |
| Direct deposit authorization | Employee | Before the first paycheck | Payment method, where offered |
| Handbook acknowledgment | Employee | First week | Evidence the policies were received |
Step 8: File the New Hire Report Within Twenty Days
Nevada gives you 20 days from the date of hire. The report goes to the Department of Employment, Training and Rehabilitation, which runs the state new hire directory and publishes the filing rules on its new hire reporting page. The obligation reaches every employee for whom the IRS requires a Form W-4.
A returning worker counts as a new hire when the separation lasted at least 60 consecutive days, which catches seasonal businesses that assume a rehire needs no report. Each report carries your business name, address and federal identification number, plus the employee name, address, Social Security number and date of hire. DETR publishes the accepted filing methods, and the electronic option is the one that takes minutes.
Twenty days feels generous next to the tighter windows other states set, and that is precisely why it gets missed. A deadline three weeks out never feels urgent on the day the obligation arises, and by the time it does feel urgent the founder is three hires and one payroll run past remembering it. The data on the report is identical to what the W-4 already gave you, so doing it immediately costs a few minutes.
Step 9: Post the Notices and Onboard Through Day 90
Two things happen at the start date. The required notices go up, and the actual onboarding begins. The notices are a one-time setup task. The onboarding is where the money you just spent on hiring either returns or evaporates.
Nevada employers display both federal and state notices where employees can see them. The state set is published by the Office of the Labor Commissioner and includes the annual minimum wage bulletin, the daily overtime bulletin, the rules to be observed by employers, and the paid leave notice. Federal notices cover the Fair Labor Standards Act, occupational safety, the Employee Polygraph Protection Act and USERRA. Both governments publish their posters free, so there is no reason to buy a laminated set from a vendor.
Then comes the part with no deadline attached and the largest financial consequence. A structured first 90 days is what converts a signed offer into a productive employee, and it is the single element most likely to be skipped at a business without a dedicated HR person, because nothing external forces it to happen.
| Timeline | What happens | Owner |
|---|---|---|
| Before day 1 | Offer letter signed, I-9 Section 1, W-4, direct deposit and handbook acknowledgment collected digitally | Founder or manager |
| Before the first hour | Workers compensation policy confirmed effective, schedule checked against the daily overtime threshold | Founder or manager |
| Day 1 | Welcome, introductions, workspace and system access, role expectations. Complete I-9 Section 2. | Founder or manager |
| Day 1 to day 3 | Finish I-9 Section 2 against the hard deadline. Confirm the notices are posted where the employee works. | Founder or manager |
| Within 20 days | File the new hire report with the Department of Employment, Training and Rehabilitation | Founder or manager |
| Week 1 | Role-specific training, a named buddy, and the first manager check-in | Manager and buddy |
| Day 30 | First formal check-in. Review the 30-day goals and name the gaps honestly. | Manager |
| Day 60 | Second check-in. The employee should be contributing without close supervision. | Manager |
| Day 90 | Formal review. Transition from onboarding into ongoing performance management. | Manager |
I built the AI onboarding wizard in FirstHR for exactly this stretch. The offer letter goes out with e-signature. The I-9 and W-4 are collected digitally before day one. The system holds the reminders for the three business day I-9 deadline and the 20 day new hire report, and the wizard turns the job description into a 30-60-90 day plan instead of leaving the first quarter unplanned.
Nevada Rules That Change How You Employ People
Six Nevada rules reshape the employment relationship once the hire is complete. Each departs far enough from the national picture that copying a handbook or a pay policy from another state produces a compliance gap on arrival.
Daily overtime is the one that costs real money, because it is invisible in a payroll system configured for a forty hour rule. NRS 608.018 entitles an employee paid less than one and one half times the minimum wage to overtime beyond 8 hours in a work day, in addition to the weekly rule. With the floor at $12.00 per hour, that daily trigger reaches every employee paid under $18.00 per hour.
The statute also names its own exits. A compressed week escapes the daily rule when the employee agrees to a scheduled 10 hours a day for 4 calendar days, and the section skips a business with a gross sales volume under $250,000 a year, although federal overtime rules can still reach the same employee. Both the wage rate and the daily threshold are republished each year on the Office of the Labor Commissioner minimum wage bulletin page.
The wage floor itself behaves differently from the rest of the country. Voters approved a constitutional amendment in November 2022 that set a single rate of $12.00 per hour effective July 1, 2024, ended the two-tier system that allowed a lower rate when the employer offered qualifying health benefits, and removed the automatic adjustment mechanism. The rate is fixed rather than indexed, so a Nevada wage budget does not go stale every January the way it does in an indexed state. It changes only when voters or the Legislature change it.
| Topic | Nevada rule | Why it matters at the first hire |
|---|---|---|
| Minimum wage | $12.00 per hour, set by constitutional amendment and not indexed | The floor holds until voters or the Legislature act, so the budget is stable |
| Daily overtime | Owed beyond 8 hours in a work day for anyone paid under one and one half times the minimum, unless the employee agrees to a scheduled four day, ten hour week | A compressed schedule without that agreement creates overtime a weekly rule would never show |
| Tipped wages | No tip credit; the full minimum is paid in cash | Restaurant and bar labor models built in other states do not transfer |
| Pay frequency | Wages in private employment are due semimonthly under NRS 608.060 | A monthly cycle from another state is not an option |
| Final pay on discharge | All earned and unpaid wages due immediately | Payroll has to be able to cut an off-cycle check the same day |
| Final pay on resignation | The earlier of the next regular payday or seven days | Two separations, two different clocks |
| Meals and rest | A half hour meal period for a continuous 8 hours, and 10 minutes of paid rest per 4 hours worked | Schedules and timekeeping have to leave room for both |
| Paid leave | Required of a private employer at or above the statutory 50 employee threshold, accruing at 0.01923 hours per hour worked | New businesses are exempt for their first two years of operation |
Final pay runs on two clocks and employers routinely apply the wrong one. A discharged employee is paid all earned and unpaid wages immediately. An employee who resigns is paid at the earlier of the next regular payday or seven days after quitting. Getting the final paycheck wrong keeps the wages running as a penalty at the employee daily rate for up to 30 days, which is a large number attached to a small administrative slip.
Employment in Nevada remains at will, with the usual public policy and contract exceptions, so no Nevada statute requires good cause for a discharge. What that really means is that your written policies do the work instead. A handbook that promises progressive discipline can create the very obligation the at-will rule would otherwise leave out, which is why the employee handbook deserves an edit rather than a download.
City Requirements: Las Vegas, Reno and Henderson
No Nevada city or county sets a minimum wage above the state rate, so $12.00 per hour applies in Las Vegas, Reno, Henderson, North Las Vegas and every unincorporated county alike. There is no local paid sick leave ordinance, no local predictive scheduling law and no local hiring ordinance reaching private employers. The local layer in Nevada is about licensing, not employment terms.
That licensing layer is real work. Clark County is divided into six licensing jurisdictions, each with its own office and fee schedule, and Washoe County runs separately for Reno and Sparks. A business licensed in one city that regularly performs work in unincorporated county territory can need a second license. Getting the jurisdiction right before the first employee starts avoids a citation that arrives long after the hire is forgotten.
| Location | Minimum wage | Extra employer duty | Practical action |
|---|---|---|---|
| Statewide | $12.00 per hour | State notices, daily overtime, 20-day new hire report, wage range disclosure | Build one Nevada policy set and apply it everywhere |
| Las Vegas | Same as statewide | City business license | Confirm the jurisdiction before you file; city and county are separate |
| Henderson and North Las Vegas | Same as statewide | Separate city business licenses | Each city licenses independently of Clark County |
| Unincorporated Clark County | Same as statewide | County general business license | Required if the work location sits outside city limits |
| Reno and Sparks | Same as statewide | Separate city business licenses, with unincorporated Washoe County licensing on its own | Same structure as the south, different offices |
Remote arrangements are the one place this gets slippery, and the slipperiness runs across state lines rather than city ones. Employment obligations generally follow the place the work is performed, so a Nevada business hiring someone who lives and works in another state picks up the registrations and leave rules of that state rather than Nevada ones. The reverse is also true: someone working from a home in Henderson for an out-of-state company is a Nevada employee for these purposes.
Employee or Independent Contractor: Nevada Wrote a Checklist
Nevada handles classification with a statutory test rather than a pure judgment call. Under NRS 608.0155 a person is conclusively presumed to be an independent contractor only when two threshold conditions are met and at least three additional criteria are satisfied on top of them.
The threshold conditions are concrete. The person holds or has applied for a taxpayer identification number, or has filed a business or self-employment return with the Internal Revenue Service in the previous year. And the contract with the principal requires the person to hold any necessary state or local business license and to maintain any required occupational license, insurance or bonding to operate in Nevada. The five additional criteria are control and discretion over the means and manner of the work, control over the time the work is performed, freedom from any requirement to work exclusively for one principal, freedom to hire employees to assist with the work, and a substantial investment of capital in the business of the person.
Failing the test does not automatically make someone an employee. The statute says so expressly. What it does is remove your safe harbor and leave the classification to be argued on the facts, which is a much worse place to be than a checklist you could have satisfied in advance.
| Question at classification | Employee, W-2 | Independent contractor, 1099 |
|---|---|---|
| Business license in the contract | Not applicable | Required by contract, state or local, plus any occupational license |
| Tax identity | You report wages under your EIN | Holds a taxpayer identification number or filed a self-employment return last year |
| Control over how the work is done | You direct the means and the methods | Free from your direction over performance |
| Exclusivity and helpers | You set the schedule and the work is performed personally for you | Not required to work exclusively for you and free to hire employees to assist |
| Workers compensation | Your policy covers the person | Their own coverage or a statutory exclusion does |
| Cost of getting it wrong | None | Back unemployment contributions plus a coverage finding and claim liability |
Two consequences follow a reclassification, and employers usually anticipate only one. The unemployment side brings back contributions with interest and penalties for the whole period. The same facts also tend to produce a workers compensation coverage finding, because a person who was an employee for one purpose was an employee who should have been covered. That second exposure is frequently the larger of the two, and it is the reason an honest choice between an employee and a contractor is worth making before the first invoice is paid.
The Mistakes That Cost Nevada Small Businesses the Most
These are the failures that repeat at Nevada businesses making a first or second hire. Each is a sequencing error or an imported habit rather than a knowledge gap. The employer knew the rule and ran the steps in the wrong order, or carried a template across a state line without reading it.
The common thread is that compliance fails on the calendar and in the template library, not in the reasoning. Nobody sets out to run an uninsured week or to ask a banned question in an interview. The task simply arrives during a stretch when the founder is doing four other jobs, and the document that shapes it was written for somewhere else. That is why reminders, a Nevada-specific offer letter and a task workflow do more good at this scale than another compliance summary would.
Frequently Asked Questions
Do I need to register with the state before hiring my first employee in Nevada?
Yes, and Nevada spreads the registrations across three agencies plus your local government. The Secretary of State issues the Nevada State Business License, which every business operating in the state must hold and renew annually, at $500 for corporations and $200 for other entity types. The Department of Employment, Training and Rehabilitation registers you for unemployment insurance once you pay $225 or more in wages in a calendar quarter. The Department of Taxation handles the Modified Business Tax, which applies to every employer subject to the unemployment compensation law. Your city or county issues a separate local business license. What Nevada does not have is a state income tax withholding account, because there is no state income tax to withhold.
What is the deadline to report a new hire in Nevada?
Twenty days from the date of hire. Nevada employers report every newly hired and rehired employee to the Department of Employment, Training and Rehabilitation within 20 days of the start date, and the obligation covers every employee for whom the IRS requires a Form W-4. A returning worker counts as a new hire when the separation lasted at least 60 consecutive days. The report carries your business name, address and federal identification number, plus the employee name, address, Social Security number and date of hire. DETR runs the state directory, and the data feeds child support enforcement, which is why the reporting requirement exists at all. Twenty days is generous next to the tighter windows other states set, which is exactly why it slips.
Is workers compensation insurance required in Nevada?
Yes. Coverage is mandatory for an employer with one or more employees unless a specific statutory exclusion applies, and there is no opt-out route of the kind one other state allows. The exclusions are narrow and structural rather than size based. Casual employment is one of them, defined as work contemplated to be completed in 20 working days or parts of days in a calendar quarter with a total labor cost under $500, and outside the trade or business of the employer. A licensed principal contractor in construction cannot use the independent enterprise route of NRS 616B.603 that keeps a contractor outside another business coverage. An uninsured employer can be charged the premiums that would have been owed to a private carrier for the whole uninsured period, capped at six years, plus interest, and is separately liable for the benefits paid to an injured worker. A first offense is a misdemeanor and rises to a category C felony where an employee suffers substantial bodily harm or dies.
What is the minimum wage in Nevada and does it go up every year?
The Nevada minimum wage is $12.00 per hour and it is not indexed. Voters approved a constitutional amendment in November 2022 that set a single statewide rate of $12.00 effective July 1, 2024, eliminated the old two-tier system that paid a lower rate when the employer offered qualifying health benefits, and removed the automatic adjustment mechanism that had tied the rate to inflation and to federal increases. The Office of the Labor Commissioner still publishes an annual bulletin each summer, and the bulletin effective July 1, 2026 keeps the rate at $12.00. Nevada allows no tip credit, so a tipped employee receives the full minimum in cash. Any future increase requires action by the voters or the Legislature.
Does Nevada require E-Verify?
No. Nevada has no state E-Verify mandate, so participation is voluntary for private employers here. The obligation that does reach a small business is federal and contractual. A federal contract containing the employment eligibility verification clause at FAR 52.222-54 requires the contractor to enroll in E-Verify within 30 calendar days of the award, to verify every new hire within three business days of the date of hire, and to verify existing employees assigned to the contract. Without that clause, E-Verify stays optional. Everyone still completes Form I-9 for every hire, which is federal and not optional in any state. The employee finishes Section 1 no later than the first day of work, and you finish Section 2 within three business days of the start date after examining original documents the employee chooses to present.
Do I have to tell applicants the salary range in Nevada?
Yes, and you have to do it without being asked. NRS 613.133 requires an employer to provide the wage or salary range or rate for a position to an applicant who has completed an interview for that position. For a current employee who has applied for a promotion or transfer, the range goes out on request once the employee has interviewed for or been offered the new position. The same statute bars you from seeking an applicant pay history and from relying on pay history to decide whether to make an offer or what to pay. You may still ask what the applicant expects to earn. The Labor Commissioner may impose an administrative penalty of up to $5,000 for each violation and may recover the costs of the proceeding.
What forms does every new hire in Nevada need to complete?
Fewer than in most states, because Nevada has no state income tax. Form I-9 verifies identity and work authorization, with Section 1 completed by the employee no later than the first day of work and Section 2 completed by you within three business days of the start date. Federal Form W-4 sets federal income tax withholding and must be in hand before the first paycheck. There is no Nevada equivalent of a state W-4 to collect. Beyond the legal minimum, most Nevada employers add a direct deposit authorization, a signed offer letter stating the pay rate and the pay schedule, an acknowledgment of the employee handbook, and a written record of the wage range that was disclosed at the interview stage.
Can I hire an independent contractor in Nevada instead of an employee?
You can, but Nevada gives you a statutory checklist rather than a judgment call. Under NRS 608.0155 a person is conclusively presumed to be an independent contractor only if two conditions are met and at least three additional criteria are satisfied. The two conditions are that the person holds or has applied for a taxpayer identification number or has filed a business or self-employment return with the Internal Revenue Service in the previous year, and that the contract requires the person to hold any necessary state or local business license and to maintain any required occupational license, insurance or bonding. Failing the test does not automatically make someone an employee, but it removes your safe harbor. A reclassification brings back unemployment contributions and a workers compensation coverage finding at the same time.