Nevada: Extensive Legislative Updates

The Nevada Legislature enacted a number of laws in 2019.  Below is a summary of legislative updates that impact employers.

AB 181 | Sick Day Notice.  Effective May 15, 2019, employers cannot require employees to be physically present at work in order to provide notification of an injury or illness requiring sick leave usage.  However, employers can continue to require employees to notify the employer when they are sick and cannot come to work.

AB 192 | Removal of Decriminalized Offenses.  Effective July 1, 2019, any person convicted of a decriminalized offense may request to have records of the offense sealed so they do not appear on background checks.

AB 226 | Microchip Implantation.  Effective October 1, 2019, employers or any other entity or individual cannot require a person to have a microchip implant or other permanent identification marker as a condition of employment.

AB 271 | Call Center Relocation.  Effective January 1, 2020, employers that plan to relocate a call center or the operations of a call center to a foreign country must provide notice to the Labor Commissioner and all displaced employees at least 90 days before the relocation takes place.

AB 290 | Safety and Hazard Training.  Certain employees in the construction and entertainment industry, as well as supervisory employees, are required to complete safety and health hazard courses. Effective January 1, 2020, the Division of Industrial Relations will establish a registry that contains (A) public records of who has completed the courses and (b) people authorized to train and provide courses.

AB 348 | Healthcare Workplace Violence Prevention Plans.  Effective July 21, 2021, employers in the health care industry are required to create a comprehensive workplace violence prevention plan, and track violent incidents occurring in hospitals, medical facilities, independent centers for emergency medical care, skilled nursing facilities, clinics, and more.  The bill also contains anti-retaliation protections for workers reporting or seeking help in connection to a violent incident.

SB 135 | Collective Bargaining.  Effective June 13, 2019, state employees may engage in collective bargaining to negotiate terms and conditions of employment.

SB 263 | Prohibition of Vapor Products.  Effective July 1, 2019, the definition of “smoking” now includes electronic smoking devices.  Locations where smoking of tobacco products is prohibited (such as indoor places of employment) will now also prohibit use of electronic devices such as vapes.

SB 381 | Workers’ Compensation.  Effective January 1, 2020, employees seeking workers’ compensation benefits may choose a health care provider from a list of at least 12 health care providers.  Insurers must provide this list and allow the employee to select the provider they wish to be treated by.

SB 456 | Independent Contractors.  Previously, the “economic realities” test was utilized to determine if a worker should be classified as an independent contractor.  Effective July 1, 2019, SB 456 added that individuals presumed to be independent contractors must hold a state or local business license to operate in Nevada, and certain contractors or subcontractors may also be presumed to be an independent contractor.  Penalties of up to $5,000 may be assessed if employers are misclassified.

Individuals will be presumed to be independent contractors

SB 166 | Nevada Equal Rights Commission.  Effective January 1, 2020, the Commission will have expanded abilities in claims: (1) the Commission can award back pay up to two years prior to the filing of a complaint until the date the Commission issues an order on it; (2) ability to order payment of lost wages or other economic damages for cases related to sex discrimination; and (3) ability to order civil penalties, applicable to cases where employers willfully committed unlawful employment practices. However, employers will have 30 days to take corrective action and avoid the penalty.

Action Items