Nevada Employment Law for Martial Arts Schools: Non-Competes, Pay and Hiring Rules

Nevada allows employee non-competes only for workers who clear statutory pay or job-status tests, so most ordinary instructors cannot be bound.

Can a martial arts school in Nevada make instructors sign a non-compete?

NRS 613.195 makes a non-compete void unless it is supported by valuable consideration, no broader than needed to protect the employer, not an undue hardship, and proportionate to what the employee received. Non-competes are banned outright for employees paid solely by the hour (not counting tips), and an employer that tries to enforce one against an hourly worker must pay the employee’s attorney fees. If the employee is laid off in a reduction in force, the non-compete is enforceable only while the employer keeps paying salary or severance. Courts must rewrite (blue pencil) an overbroad clause rather than void it; an hourly instructor cannot be bound, while a salaried head instructor can be bound only by a reasonable, narrow clause.

Can you stop a departing instructor from soliciting your students?

By statute, a non-compete cannot stop a former employee from serving a former customer or student who leaves voluntarily and seeks the employee out, as long as the employee did not solicit them; a clause saying otherwise is void and triggers an attorney-fee award. Clauses barring active solicitation of students remain enforceable if reasonable.

Can you stop a departing instructor from recruiting your staff?

No Nevada statute specifically addresses employee non-solicitation or no-poach clauses. Not confirmed — check with local counsel; courts are likely to apply a reasonableness test.

What is the minimum wage for instructors in Nevada?

$12.00 per hour statewide, unchanged on July 1, 2026 per the Labor Commissioner’s 2026 bulletin; the old two-tier (health benefits) system ended July 1, 2024. Under the 2022 constitutional amendment, future increases happen only if the federal minimum wage rises above $12. No local minimums.

When do instructors earn overtime?

Nevada has daily overtime for lower-paid workers: employees earning under $18.00 per hour (1.5 times the minimum wage, effective July 1, 2026) get time-and-a-half after 8 hours in a 24-hour period or after 40 hours in a week (NRS 608.018). Employees earning $18.00 or more get overtime only after 40 hours a week. No state exempt salary threshold higher than federal.

When is the final paycheck due?

If you fire or lay off an employee, all wages are due immediately (NRS 608.020). If the employee quits, wages are due by the next regular payday or within 7 days, whichever is earlier (NRS 608.030). Earned commissions — Not confirmed — check with local counsel.

What background checks can you run on instructors who teach children?

Not confirmed that Nevada has a ban-the-box law covering private employers (its fair-chance rules apply to public employers) — check with local counsel. A 2021 law (NRS 613.4383) bars employers from asking applicants about their wage or salary history. Use of a screening company must follow the federal FCRA. No state law confirmed requiring fingerprint checks for private martial arts schools; Nevada’s sex offender registry is publicly searchable.

Are martial arts instructors mandated reporters of child abuse?

Likely yes for paid staff. NRS 432B.220 makes adult employees of an entity that provides organized activities for children mandated reporters, along with child-care, school and camp workers; volunteers are not named in that category, though anyone may report. Report as soon as reasonably practicable and within 24 hours to a child welfare agency or law enforcement.

What can a dress code or grooming policy require?

Nevada law protects against discrimination based on hair texture and protective hairstyles associated with race (added in 2021), religion, sexual orientation and gender identity or expression (NRS 613.330, employers with 15 or more employees). Dress codes must accommodate religious dress and let employees dress consistent with their gender identity.

How far can a morals or conduct clause reach into off-duty life?

NRS 613.333 bars firing or refusing to hire someone for lawful use of lawful products, including cannabis, off premises during nonworking hours unless it hurts job performance or safety. NRS 613.132 bars refusing to hire an applicant because of a positive pre-employment marijuana test, with exceptions for safety-sensitive jobs such as driving. Morals clauses should focus on conduct, not lawful off-duty use.

Do you have to disclose pay or allow staff to discuss it?

Nevada does not require pay ranges in job postings, but under NRS 613.4383 an employer must give an applicant who has completed an interview the wage or salary range for the position, and must give an employee who applies for a promotion or transfer the range for that job. Salary-history questions are banned.

What privacy rules apply to student and parent records?

Nevada’s online privacy law (NRS Chapter 603A) requires websites that collect personal information from Nevada consumers to post a privacy notice and honor opt-outs of sale. Nevada also has a consumer health data law (2023). No comprehensive privacy act with thresholds a small school would likely meet.

Other Nevada rules that catch school owners

Paid leave: private employers with 50 or more employees in Nevada must give 0.01923 hours of paid leave per hour worked (about 40 hours a year) usable for any reason (NRS 608.0197); most small schools are below 50 employees. Daily overtime for staff under $18/hour is the biggest trap when assistants teach long Saturday tournament or belt-test days.

What to watch in Nevada

Any federal minimum wage increase above $12 would automatically raise Nevada’s rate. Watch the 2027 legislative session for changes to NRS 613.195 non-compete rules.

The bottom line for Nevada schools

Leave a post-employment non-compete out of ordinary instructor agreements; for that role it is unlikely to be enforceable. Where Nevada law allows it, a narrow student non-solicitation clause limited to students the employee actually taught, a confidentiality agreement, and real control of the student database protect a school far better.

Sources

• Nevada Labor Commissioner: 2026 Minimum Wage Bulletin
• Nevada Labor Commissioner: 2026 Annual Bulletin – Daily Overtime
• NRS 613.195 (Justia)
• NRS 432B.220 (Nevada Public Law)
• NRS 608.0197 (Justia)
• Littler: Nevada Modifies Statute Governing Noncompetition Agreements
• Kamer Zucker Abbott: 2021 Nevada Legislature – Summary of New Labor & Employment Laws

Also for Nevada: Martial arts laws in Nevada · Nevada membership contracts

What every martial arts school staff package should contain

• Offer or employment agreement: the legal employer, the role and duties, workplace, pay, employment status and termination terms, reviewed against local rules. U.S. at-will language does not belong in a Canadian contract.
• Compensation schedule: hourly or salary terms, commissions and bonuses, and exactly when each is earned and paid. Record all working time, not only time on the mat. See instructor pay structures and overtime.
• Appearance and conduct policies: functional uniform, hygiene and safety standards with a written accommodation process. See the dress code and grooming guide.
• Child-protection policy: boundaries, private communications, transport, supervision and reporting. See the conduct clause guide and background checks for instructors.
• Confidentiality and data-security agreement: student records, CRM access, permitted use, return and deletion, and protected-disclosure exceptions (in the U.S., the federal DTSA whistleblower-immunity notice). See student data and trade secrets.
• Restrictive-covenant addendum: only what local law permits, usually a narrow student or staff non-solicitation clause; a non-compete only in exceptional cases. See non-compete laws by state and non-solicitation agreements.

Planning for a departure? Read When an instructor leaves: protecting students and records. Every state and province is indexed in the Martial Arts Employment Law Center.

Before you act on this

This article provides general information and is not legal advice. Employment, wage, human-rights, privacy and restrictive-covenant laws change, and their application depends on the exact wording of an agreement, the employee’s duties and pay, where the work is done and when the agreement was signed. Confirm the current statute, regulations and agency guidance, and take advice from a lawyer admitted in the relevant state or province, before drafting, changing or enforcing an employment agreement. Corrections: see our editorial policy.