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
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