Nevada – Page 2 – ManagEase

Ninth Circuit Overrules Itself: Prior Salary History Cannot Justify Wage Differential Between Men and Women

May 7, 2018/0 Comments/in HR Alerts /by ManagEase

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April 9, 2018

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In April 2017, the Ninth Circuit previously confirmed that employers could consider an individual’s prior salary history when justifying a wage differential. Now, a year later, the circuit court has reversed its own decision, stating that prior salary history cannot be used to justify pay disparities prohibited by the federal Equal Pay Act.

May Updates

May 7, 2018/0 Comments/in HR Alerts /by ManagEase

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This Short List addresses the following topics:

EEO-1 Deadline Delayed to June 1, 2018
IRS Issues Guidance on Family and Medical Leave Tax Credit
Veteran Hiring Benchmark Lowered for 2018
IRS Rolls Back 2018 HSA Contribution Limit Change
U.S. DOL Launches Payroll Audit Pilot Program
U.S. Supreme Court Settles FLSA Status of Car Dealership Service Advisors
California: Staffing Agencies Need Not Police Meal Periods
Emeryville, California: Minimum Wage Update
Michigan: Local Governments Prohibited from Limiting Employer Interview Inquiries
Nevada: Minimum Wage Will Not Change in 2018
Pennsylvania: State Supreme Court Says “Actual Damages” Include Non-Economic Damages Under Whistleblower Law
West Virginia: Employers May Not Prohibit Firearm Storage in Personal Vehicles

Ninth Circuit: DOL’s 80/20 Tip Credit Rule is Invalid

October 6, 2017/0 Comments/in HR Alerts /by ManagEase

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All Employers of AK, AZ, CA, GA, HI, ID, MT, NV, OR, WA Employees

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September 6, 2017

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The Department of Labor (“DOL”) permits employers to give a tip credit to tipped employees who spend no more than 20% of their time performing non-tipped duties. In Marsh v. J. Alexander’s, LLC, the Ninth Circuit noted that this rule is only found in the Field Operations Handbook used by the DOL as guidance for investigations by field officers, rather than in a statute or regulation; as a result, the court stated it was not valid.

September Updates

September 10, 2017/0 Comments/in HR Alerts /by ManagEase

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This Short List addresses the following topics:

The Recent Federal Overtime Exemption Rule is Diminishing
NLRB: More Examples of What is or isn’t Protected Concerted Activities on Facebook
EEOC Must Reconsider Wellness Regulations
Seventh Circuit: EEOC May Investigate Despite Right-to-Sue Letter and Issue of Judgment
Arizona, Maryland, Wyoming: Now Part of the E-Verify RIDE Program
Berkeley, CA: Minimum Wage Increase, Paid Sick Leave, and Work Schedule Rules Will Soon Be In Effect
San Diego, CA: Equal Pay Bill for City Contractors and Consultants
Santa Clara, CA: Santa Clara City’s Minimum Wage to Increase in 2018
Connecticut: Anti-Discrimination Protections Expanded for Veterans
Georgia: Amended Law Now Preempts Predictive Scheduling Ordinances
New Jersey: Anti-Discrimination Protections for Military and Veterans Expanded
New York: Guidance on Tax Treatment of PFL Contributions and Benefits now Available
Nevada: Pregnant Workers’ Fairness Act Poster Now Available
North Carolina: Fair Classification Act Emphasizes State Focus on Proper Employee Classification
Texas: Hurricane Harvey Relief for Employees
Washington: New Biometric Information Protection law

Nevada: New Nursing Mothers’ Law, Employees’ Right to Discuss Wages, New Domestic Violence Victims’ Leave

August 3, 2017/0 Comments/in HR Alerts /by ManagEase

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The Nevada legislature has been keeping busy over the past few months. With the passage of several bills concerning pregnant worker’s rights, lactation accommodations, employee wage disclosures, and leave for victims of domestic violence, employers of individuals working in Nevada must keep abreast of many new procedural regulations.

Nevada: Employers May Use Fluctuating Workweek to Compensate Certain Employees

July 11, 2017/0 Comments/in HR Alerts /by ManagEase

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May 25, 2017

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The Nevada Labor Commission recently issued an Advisory Opinion regarding the fluctuating workweek (“FWW”) method of pay. The Opinion states that employers can use FWW to pay overtime hours worked in excess of 40 hours per week by a non-exempt employee who is paid a fixed-salary for all hours worked.

Nevada: Rules for Restrictive Non-Compete Agreements Change Again

July 11, 2017/0 Comments/in HR Alerts /by ManagEase

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June 3, 2017

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Previously, the Nevada Supreme Court declared that overly broad non-compete agreements will be wholly unenforceable, meaning agreements containing overly restrictive provisions beyond what is needed to protect an employer’s interest will be void in total. The Supreme Court stated that “blue penciling,” or modify parts of an agreement to make it enforceable, would not be allowed.

Nevada: Workplace Protections, New Notice Requirements for Pregnancy-Related Conditions

June 8, 2017/0 Comments/in HR Alerts /by ManagEase

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All Employers of 15+ NV Employees

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June 2, 2017 and October 1, 2017

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SB 253, also known as the Nevada Pregnant Workers’ Fairness Act (the “Act”), provides broader workplace protections for workers affected by pregnancy-related conditions. Employers are now responsible for (1) providing accommodations for pregnancy-related conditions, and (2) informing female workers of their rights to such accommodations.

Ninth Circuit: Prior Salary History may be used to Justify Wage Differentials Between Men and Women

May 2, 2017/0 Comments/in HR Alerts /by ManagEase

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All Employers with AK, AZ, CA, GU, HI,
ID, MT, NV, OR and WA Employees

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April 27, 2017

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Last week, the Ninth Circuit ruled on Rizo v. Yovino, a wage inequality claim brought under the federal Equal Pay Act. In reviewing this case, the Ninth Circuit affirmed a previous case, Kouba v. Allstate Insurance Co., and confirmed that prior salary history may be considered a “factor other than sex” for the purpose of justifying a wage differential.

Ninth Circuit: Wage Rates Used for Overtime Hours Cannot Be Lower Than Those Used for Non-Overtime Hours

May 2, 2017/0 Comments/in HR Alerts /by ManagEase

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All Employers with AK, AZ, CA, GU, HI, ID, MT, NV, OR and WA Employees

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March 21, 2017

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In Brunozzi v. Cable Communications, Inc., the Ninth Circuit stated that wage rates cannot be decreased in weeks when overtime is worked, as compared to weeks when no overtime is worked. There, two cable technicians were paid a piece rate per cable system installed, plus a contractually-based production bonus each pay period as part of their regular wages. When the employer calculated overtime, it reduced the production bonus by the amount of overtime paid for piece rate work, which meant that employees received lower wage rates than when they did not work overtime.

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