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Independent Contractor Test in Nevada

Nevada uses the ABC test for unemployment insurance, while its wage law conclusively presumes contractor status for a worker with tax and license basics who meets at least 3 of 5 criteria.

Last checked . General information, not legal advice.

Nevada at a glance

Test for wage and hour law
Statutory presumption: tax ID, licenses and 3 of 5 criteria
Criteria include control over means and timing, non-exclusivity, freedom to hire helpers and substantial capital investment.
ABC test for wage law
No
Test for unemployment insurance
ABC test
Services for wages are employment unless the worker meets all three conditions.
ABC test for unemployment
Yes

Sources

Last checked

The rules in Nevada

Which test does Nevada use to classify independent contractors under its wage and hour laws?

Test for wage and hour law in Nevada: Statutory presumption: tax ID, licenses and 3 of 5 criteria. Criteria include control over means and timing, non-exclusivity, freedom to hire helpers and substantial capital investment.

Does Nevada apply the ABC test under its wage and hour laws?

No. ABC test for wage law in Nevada: no.

Which test does Nevada use to classify independent contractors for unemployment insurance?

Test for unemployment insurance in Nevada: ABC test. Services for wages are employment unless the worker meets all three conditions.

Does Nevada apply the ABC test for unemployment insurance?

Yes. ABC test for unemployment in Nevada: yes.

Where do the Nevada independent contractor tests come from?

The rules above come from Nev. Rev. Stat. 612.085 and Nev. Rev. Stat. 608.0155. Each source is linked on this page. We last checked them in October 2026.

Good to know

Failing to meet 3 or more criteria does not automatically make the person an employee under the wage law.

A separate presumption in NRS 608.0155 covers contractors licensed under NRS chapter 624.

What this means in practice

Write down how the working relationship actually operates: who sets the hours, who supplies tools, whether the worker serves other clients and whether the work is part of the business's usual line of work. These facts drive every classification test, and a written independent contractor agreement helps only if it matches them.

Check each law separately. A worker can be a contractor under one statute and an employee under another, because wage laws, unemployment insurance, workers' compensation and tax rules may each use their own test. Federal law also applies its own tests alongside the state rules.

Misclassification can lead to back wages, unpaid unemployment contributions, interest and penalties. If a role is close to the line, read the statute and agency guidance for the state where the work is performed, or ask the state labor or unemployment agency how it applies its test.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.