Nevada: Summer Legislative Update Brings New Employment Provisions
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The 81st Session of the Nevada Legislature implemented many new laws, including a number of provisions that impact employers. Key highlights are indicated below.
Expanded COVID-19 Related Leave Requirements. As of June 9, 2021, SB 209 requires private employers to provide employees with paid leave time to obtain a COVID-19 vaccine. AB 190, effective October 1, 2021, expands this requirement to allow employees to use their paid or unpaid sick leave to care for an immediate family member.
COVID-19 Related Return to Work/Right to Recall. Effective July 1, 2021, SB 386 requires certain size employers in the airport hospitality, airport service providers, casinos, event centers, or hotels located in counties with a population of 100,000 or more to prioritize rehiring of workers who were laid off by the COVID-19 pandemic. Laid-off employees must be offered any open positions available after July 1, 2021 for which they are qualified. If multiple employees are qualified for one position, priority must be given to the worker with the greatest length of service with the employer. Covered employers must provide written notice to employees who are or were laid off after March 12 and have until July 21, 2021 to provide the notice retroactively. Employers are also required to maintain records for at least two years showing that the written layoff notices were provided.
Discrimination on the Basis of Hair. Effective June 2, 2021, SB 327 prohibits hair-based discrimination. More specifically, discrimination based on traits typically associated with race, inclusive of hair texture and hairstyle, is not permitted. Examples include afros, bantu knots, braids, twists, curls, etc.
Protected Salary History. Effective October 1, 2021, SB 293 prohibits employers and agencies from inquiring into the salary history of an applicant. Similarly, employers and agencies may not discriminate against an applicant who declines to reveal their salary history. Additionally, employers and agencies must provide applicants who have completed an interview with (1) the wage or salary range for the position and (2) the wage or salary range for promotion or transfer to a new position if certain conditions are satisfied.
Posting Requirement. Effective October 1, 2021, AB 307 requires employers to post one or more notices regarding job training and employment services provided by the Department of Employment, Training, and Rehabilitation (DETR).
Single-Stall Restroom Accessibility. Effective October 1, 2021, under AB 280, places of public accommodation (e.g., hotels, restaurants, bars, theaters, grocery stores, libraries, laundromats, etc.) with a single-stall restroom must make the restroom as inclusive and accessible as possible to individuals of any gender identity or expression. For example, covered businesses must allow (1) a parent or guardian of a child to enter the single-stall restroom with the child; (2) a caregiver to enter the single-stall restroom with a disabled person; and (3) to allow a person of any gender identity or expression to use the single-stall restroom as needed.
Wage Garnishments for Child Support Orders. Effective October 1, 2021, AB 37 provides that lump-sum payments such as bonuses, commissions, incentive payments, severance pay, or any other one-time unscheduled payment of compensation are also subject to garnishment pursuant to a child support order. Employers must inform the enforcing authority of the child support order at least 10 days in advance of releasing any lump-sum payment of $150 or more.
Statute of Limitation on Wrongful Termination Claims. Effective May 27, 2021, SB 107 states that employees who bring an action for wrongful termination must do so within two years of the termination date.
Noncompetition. AB 47 prohibits employers from bringing certain actions against former employees, prohibits noncompetition covenants from applying to hourly employees, and requires courts to award attorneys’ fees and costs to employees under certain circumstances.
Authority of Labor Commissioner and Wages Redefined. Effective July 1, 2021, SB 245 clarifies the authority and limitations of the labor commissioner. Claimants covered by a valid collective bargaining agreement who bring a claim to the labor commission must be declined by the labor commissioner until remedies, other relief, and appeals provided to the claimant by the CBA have been exhausted. Additionally, SB 245 authorizes employees to bring a civil action against the employer for failure to pay wages upon termination for a period of up to two years after the failure the pay. Finally, SB 245 updates the definition of “wages” to include amounts owed to a former employee that the former employer has failed to pay by the statutory deadline.
- Update discrimination and leave policies.
- Update hiring practices for right of recall requirements.
- Have noncompete agreements reviewed by legal counsel.
- Have appropriate personnel trained on the new requirements.
- Have payroll processes updated to reflect garnishment rules.
- Update accessibility for single-stall restrooms.
- Display required posters.
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Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.
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