Nevada has a rule on what workers use in their own time. It is section 613.333 of the Nevada Revised Statutes, which makes it an unlawful employment practice to act against someone for the lawful use of any product outside the employer's premises during nonworking hours (NRS 613.333). Like the Illinois and Minnesota rules, it covers products rather than lawful activity in general. This page explains what the text says, based on chapter 613 as published by the Nevada Legislature.
The short answer: a Nevada employer may not refuse to hire someone, or fire or otherwise discriminate against an employee in pay, terms, conditions or privileges of employment, because they lawfully use any product in Nevada outside the employer's premises during nonworking hours, if that use does not adversely affect their ability to do the job or the safety of other employees (613.333(1)). The section does not mention social media or other off-duty activity. Our reading, not a court ruling: a post is not a product, so this section does not protect it.
What the section protects
- Any product: the text says "the lawful use in this state of any product". It does not list products, so it is not limited to food, drink or tobacco (613.333(1)).
- Off the premises, outside working hours: both conditions are in the text.
- Which decisions: refusing to hire, firing, and discrimination concerning compensation, terms, conditions or privileges of employment (613.333(1)(a)-(b)).
The limit
The protection applies only if the use does not adversely affect the employee's ability to perform the job or the safety of other employees (613.333(1)). That is the only exception written into the section. Unlike Colorado, North Dakota and Minnesota, it does not have a separate exception for occupational requirements or conflicts of interest. Our reading, not a court ruling: an employer acting on off-duty product use in Nevada will need to point to an effect on the work or on other employees' safety.
Who is covered
Section 613.333 sits within sections 613.310 to 613.4383, where "employer" means any person with 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. The definition leaves out the United States and corporations it wholly owns, Indian tribes, and tax-exempt private membership clubs, and "person" includes the State of Nevada and its political subdivisions (NRS 613.310). Our reading, not a court ruling: employers with fewer than 15 employees fall outside this section.
What a worker can do
An employee who is fired or otherwise discriminated against, or an applicant denied a job, may bring a civil action and obtain lost wages and benefits, an order of reinstatement without loss of position, seniority or benefits, an order that the employer offer the job to the applicant, and damages equal to the lost wages and benefits (613.333(2)). The court must award reasonable costs, including court costs and attorney's fees, to the prevailing party, and this remedy is the exclusive remedy for an action under the section (613.333(3)-(4)). Our reading, not a court ruling: as in Minnesota, the fee rule runs both ways, so a worker who sues and loses may face the employer's fees.
The section was added to the Nevada Revised Statutes in 1991.
What this means in practice
- Workers: lawful use of a product off site and in your own time is protected in Nevada if it does not affect your work or other employees' safety, at employers with 15 or more employees. Keep copies of any decision that mentions off-duty use. The section does not protect what you post online. Asking for your account login is a separate question, covered in the Nevada social media password law.
- Employers: before acting on lawful off-duty product use, check that it happened off site and outside working hours, and whether you can show an adverse effect on the job or on other employees' safety. Without that, the section gives no other exception to rely on.
Compare the other states we have read: Illinois and Minnesota also protect lawful products only, while Colorado and North Dakota protect lawful activity in general. All of them side by side: off-duty conduct laws in the US.
This page covers Nevada only and is general information based on chapter 613 of the Nevada Revised Statutes as published by the Nevada Legislature when checked on 4 November 2026, not legal advice. Check for later amendments before relying on it.
Questions and answers
Can I be fired in Nevada for what I do off duty?
Not for the lawful use of any product in Nevada outside the employer's premises during nonworking hours, if it does not adversely affect your ability to do the job or other employees' safety. The section covers employers with 15 or more employees.
Does NRS 613.333 protect social media posts?
The section covers the lawful use of products only. A post is not a product, so our reading is that this section does not protect it, though other laws may apply to a particular post.
What can I get under NRS 613.333?
Lost wages and benefits, reinstatement or an order to offer you the job, and damages equal to the lost wages and benefits. The court must award reasonable costs and attorney's fees to whichever side wins.
Which Nevada employers does the law cover?
Employers with 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, excluding the United States, Indian tribes and tax-exempt private membership clubs.