Ballot Measures

State Question No. 2

November 8, 2022 Nevada General Election
Description:

State Question No. 2

Shall the Nevada Constitution be amended, effective July 1, 2024, to: (1) establish the State’s minimum wage that employers must pay to certain employees at a rate of $12 per hour worked, subject to any applicable increases above that $12 rate provided by federal law or enacted by the Nevada Legislature; (2) remove the existing provisions setting different rates for the minimum wage based on whether the employer offers certain health benefits to such employees; and (3) remove the existing provisions for adjusting the minimum wage based on applicable increases in the cost of living?

Shall the Nevada Constitution be amended, effective July 1, 2024, to: (1) establish the State’s minimum wage that employers must pay to certain employees at a rate of $12 per hour worked, subject to any applicable increases above that $12 rate provided by federal law or enacted by the Nevada Legislature; (2) remove the existing provisions setting different rates for the minimum wage based on whether the employer offers certain health benefits to such employees; and (3) remove the existing provisions for adjusting the minimum wage based on applicable increases in the cost of living?

EXPLANATION—This ballot measure amends the Nevada Constitution to require that, beginning July 1, 2024, each employer must pay each employee to whom the minimum wage requirements apply (referred to as a “nonexempt employee”) a minimum wage of not less than $12 per hour worked, subject to any applicable increases above $12 per hour worked provided by federal law or enacted by the Legislature.

This ballot measure further removes from the Nevada Constitution, effective July 1, 2024, the

existing provisions allowing an employer that offers certain health benefits to nonexempt

employees to pay a minimum wage of $1 per hour less than an employer that does not offer such

health benefits to nonexempt employees.

This ballot measure also removes from the Nevada Constitution, effective July 1, 2024, the existing

provisions adjusting the State’s minimum wage rates based on the greater of certain increases in

the federal minimum wage or certain increases in the cost of living measured by percentage

increases in the Consumer Price Index (CPI), with caps on the cost-of-living increases for the

adjusted rates. However, this ballot measure requires the State’s minimum wage to be increased

based on applicable increases in the federal minimum wage, providing that if, at any time, the

federal minimum wage is greater than $12 per hour worked, the State’s minimum wage is increased

to the amount established for the federal minimum wage, unless the Legislature establishes, by

state statute, a minimum wage that is greater than the federal minimum wage as permitted by

federal law.

This ballot measure additionally expresses in the Nevada Constitution the existing authority of the

Legislature to establish, by state statute, a minimum wage that is greater than the minimum hourly

rate required by the Nevada Constitution.

If approved by the voters, this ballot measure supersedes any conflicting provisions in the State’s

existing minimum wage statutes which, on July 1, 2024, require an employer to pay a minimum

wage of $11 per hour worked, if the employer offers certain health benefits to nonexempt

employees, or $12 per hour worked, if the employer does not offer such health benefits to

nonexempt employees, unless the Legislature amends those existing statutes to conform to this

ballot measure before that date.

A “Yes” vote would, effective July 1, 2024: (1) add provisions in the Nevada Constitution

establishing the State’s minimum wage that employers must pay to nonexempt employees at

a rate of $12 per hour worked, subject to any applicable increases above that $12 rate

provided by federal law or enacted by the Legislature; (2) remove the existing provisions in

the Nevada Constitution setting different rates for the minimum wage based on whether the

employer offers certain health benefits to such employees; and (3) remove the existing

provisions in the Nevada Constitution for adjusting the minimum wage based on applicable

increases in the cost of living, with caps on the cost-of-living increases for the adjusted rates.

A “No” vote would: (1) keep the State’s existing minimum wage, subject to any applicable

increases or decreases provided by federal law or enacted by the Legislature; (2) keep the

existing provisions in the Nevada Constitution setting different rates for the minimum wage

based on whether the employer offers certain health benefits to nonexempt employees; and

(3) keep the existing provisions in the Nevada Constitution for adjusting the minimum wage

based on the greater of applicable increases in the federal minimum wage or applicable

increases in the cost of living, with caps on the cost-of-living increases for the adjusted rates.

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