Question Number 2 - Proposes to prospectively increase the required minimum wage paid to employees

Summary

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.

Arguments

"Nevada's workers deserve a constitutionally guaranteed increase in the minimum wage. Approval of Question 2 will ensure that effective July 1, 2024, workers will be paid a minimum wage of $12 per hour, which cannot be decreased by the Legislature but only increased above the $12 per hour rate. Even though the Legislature passed a law in 2019 requiring annual increases in the minimum wage through July 1, 2024, any future Legislature may change that law and potentially lower the minimum wage. This ballot measure will constitutionally guarantee that Nevada's minimum wage cannot be lowered below $12 per hour based on the political mood of the day." - Nevada Statewide Ballot Questions Summary, in support of Question Number 2 (Learn more)

"Approval of Question 2 will also eliminate the outdated and ineffective method for making cost-of-living adjustments in the minimum wage currently in the Nevada Constitution. Even though the Nevada Constitution currently provides for an annual adjustment in the minimum wage to compensate for certain increases in the cost of living, those annual adjustments are capped, and they have never kept up with the true cost of living for Nevada's workers. In fact, it will take over a decade after July 1, 2024, for the cost-of-living adjustments currently provided by the Nevada Constitution to exceed the $12 per hour minimum wage guaranteed by Question 2. Nevada's workers should not have to wait for more than a decade for a constitutionally guaranteed minimum wage of $12 per hour." - Nevada Statewide Ballot Questions Summary, in support of Question Number 2 (Learn more)

"Question 2 is an unnecessary change to the Nevada Constitution because the Legislature already has the authority to enact statutory increases in the minimum wage, and it has done so. In 2019, after receiving input from both workers and employers, the Legislature passed a law requiring annual increases in the minimum wage through July 1, 2024, when the statutory minimum wage will be set at $11 per hour, if the employer offers certain health benefits, or $12 per hour, if the employer does not offer certain health benefits. There is no need to establish the minimum wage at $12 per hour in the Nevada Constitution when the Legislature already has enacted an increased statutory minimum wage and has the authority to enact additional increases in the statutory minimum wage above the $12 per hour proposed by Question 2." - Nevada Statewide Ballot Questions Summary, in opposition to Question Number 2 (Learn more)

"Approval of Question 2 will also harm Nevada's workers because it sets the minimum wage at $12 per hour in the Nevada Constitution without providing any method for making cost-of-living adjustments in the minimum wage as currently provided by the Nevada Constitution. Although the Legislature has established the statutory minimum wage at a higher rate than currently required by the Nevada Constitution, the existing method in the Nevada Constitution for making cost-of-living adjustments in the minimum wage ensures that the minimum wage will eventually increase above $12 per hour given that increases in the cost of living will continue to occur. Because this ballot measure will remove the existing method for making cost-of-living adjustments from the Nevada Constitution and will not require any form of cost-of-living adjustments in the minimum wage, approval of Question 2 will harm Nevada's workers by removing an important constitutional safeguard against the ever-increasing cost of living for Nevada's workers." - Nevada Statewide Ballot Questions Summary, in opposition to Question Number 2 (Learn more)

Measure Details