NV – ManagEase

Nevada: Extensive Legislative Updates

October 30, 2019/0 Comments/in HR Alerts /by ManagEase

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All Employers with NV Employees

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Varies; See Below

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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.

Nevada: Employers Cannot Decline Job Applicants Based on a Positive Marijuana Testing

August 12, 2019/0 Comments/in HR Alerts /by ManagEase

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All Employers of NV Employees

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January 1, 2020

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Effective January 1, 2020, Nevada will be the first state in the country to prohibit employers from failing or refusing to hire an applicant on the basis of failing a pre-employment marijuana test. The new law does not apply to certain occupations, such as EMTs, firefighters, and any position that drives vehicles in which drug testing is required by federal or state law. Furthermore, employers are able to reject job applicants if positive marijuana usage puts others’ safety at risk.

Employees will have the ability to challenge the results of pre-employment drug testing required by employers within the first 30 days of hiring. The challenging employee must pay for a second screening test, but the results must be considered by the employer. This challenge provision does not apply if it conflicts with an employment contract, collective bargaining agreement, or federal or state requirements, or to any positions funded by federal grants.

Action Items

Read AB 132 here.
Update background screening procedures for and train hiring managers on the new restrictions.
Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

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.

Nevada: Large Employers Must Provide Paid Leave for Any Reason Starting in 2020

August 12, 2019/0 Comments/in HR Alerts /by ManagEase

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Employers with 50+ NV Employees

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January 1, 2020

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Beginning January 1, 2020, Senate Bill No. 312 will require private employers of 50 or more employees to provide up to 40 hours of paid leave that can be used for any purpose. Key requirements are summarized below.

August Updates

August 12, 2019/0 Comments/in HR Alerts /by ManagEase

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This Short List addresses the following topics:

EEO-1 Component 2 Reporting Resources Issued
IRS Announces 2020 Health Savings Account Limits
U.S. DOL Launches New Website for Wage Determination Data
Sixth Circuit: FLSA Coverage Implicated by Using Out-of-State Products
California: Sonoma, CA Minimum Wage Increases as of January 1, 2020
Nevada: No Sexual Harassment Confidentiality in Settlement Agreements
New Jersey: Discrimination Claim Does Not Require an Adverse Employment Action to Proceed
New Jersey: Hotel Employers Must Provide Panic Buttons for Employees
New Jersey: State Protections May Extend to Out-of-State Employees
New York: Farmworkers Win the Right to Collectively Bargain
Rhode Island: The Airline Deregulation Act Preempts State Sunday and Holiday Pay Laws
Washington: Obesity is a Protected Class by Itself

Nevada: Legislature Defines “Health Benefits” for Lower-Tier Minimum Wage Rate

June 17, 2019/0 Comments/in HR Alerts /by ManagEase

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All Private Employers with NV Employees

EFFECTIVE

January 1, 2020

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Senate Bill 192 recently passed defining “health benefits” for purposes of employers paying the lower-tier minimum wage. Specifically, employers may pay a lower tier minimum wage if they provide health benefits to employees. There has been some controversy over what “health benefits” means. Last year, in MDC Restaurants, LLC v. The Eighth Judicial Dist. Court, the Nevada Supreme Court stated that health benefits must be “at least equivalent to the one dollar per hour in wages that the employee would otherwise receive” for the higher-tier minimum wage, and cost the employer at least an additional dollar in wages.

June Updates

June 17, 2019/0 Comments/in HR Alerts /by ManagEase

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Varies

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Varies

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This Short List addresses the following topics:

U.S. Supreme Court: Title VII Claims to the EEOC are Merely Procedural and Not Jurisdictional to Courts
U.S. Supreme Court: State Wage and Hour Rules Don’t Apply to Workers on the Outer Continental Shelf
DOL Issued Updated Poster for Federal Contractors and Subcontractors
California: July 1st REMINDERS for Employers
Emeryville, CA: July 1st Minimum Wage Increase Paused for Small Independent Restaurants
Colorado: Wage Garnishment Reform on the Horizon
Connecticut: Minimum Wage Increasing to $15 an Hour
Minneapolis, MN: Sick and Safe Time Rule Is Still Up in the Air
Kansas City, MO: Bans Pre-Employment Salary History Inquiries
Nevada: Mandatory Safety Training Expanded to Trade Show and Convention Workers
New Jersey: Required Workplace Postings Receive an Update
Texas: Dallas and San Antonio Paid Sick Leave Set to Go into Effect August 1st

Ninth Circuit: Joint Employers Are Liable for Non-Workplace Matters Under Title VII for H-2A Workers

March 7, 2019/0 Comments/in HR Alerts /by ManagEase

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All Employers with AK, AZ, CA, HI, ID, MT, NV, OR, WA, Guam, or Northern Mariana Islands Employees with H-2A Visas

EFFECTIVE

February 6, 2019

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In EEOC v. Global Horizons, Inc., the Ninth Circuit stated that because employers of H-2A workers are required to provide housing, meals and transportation as “material terms and conditions” of their employment, these employers can be liable for such non-workplace matters under Title VII, even if the employers contract with a third party to provide those work benefits. There, two orchard growers hired Global Horizons as their staffing firm to recruit agricultural workers using H-2A visa authorizations. Two of the workers filed a discrimination claim against the growers and Global Horizons, claiming poor working conditions, substandard living conditions, and unsafe transportation based on their race and national origin.

Ninth Circuit: FCRA Disclosure Notice to Employees Must Stand Alone

February 7, 2019/0 Comments/in HR Alerts /by ManagEase

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All Employers with AK, AZ, CA, HI, ID, MT, NV, OR, WA, Guam, and Northern Mariana Islands Employees

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January 29, 2019

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In Gilberg v. Cal. Check Cashing Stores, the Ninth Circuit stated that the Fair Credit Reporting Act (FCRA) prohibits including “extraneous” information with the required notice of rights, including legal rights individuals have under state fair credit reporting laws. The FCRA applies to employers who obtain background or credit reports on applicants and employees in the employment context. Specifically, the FCRA requires employers to provide the individual with a disclosure of their right to obtain a copy of the report, and obtain written authorization before obtaining the reports. Although the authorization may be on the same page as the disclosure, no other information may be present. Additionally, because the California Investigative Consumer Reporting Agencies Act (ICRAA) mirrors the FCRA, the same segregation requirements apply to California-required disclosures.

Ninth Circuit: Requiring Applicant to Pay for Pre-Hire Medical Testing Violated ADA

October 9, 2018/0 Comments/in HR Alerts /by ManagEase

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Employers with 15 or more AK, AZ, CA, HI, ID, MT, NV, OR, WA, Guam, and Northern Mariana Islands Employees

EFFECTIVE

August 29, 2018

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The Ninth Circuit Court of Appeal recently stated that an employer violated the Americans with Disabilities Act (ADA) by requiring a job applicant to obtain, and pay for, additional medical testing as part of a condition of employment.

Ninth Circuit: The Federal Railway Labor Act Does Not Necessarily Preempt State Leave Laws

September 10, 2018/0 Comments/in HR Alerts /by ManagEase

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All Employers with AK, AZ, CA, HI, ID, MT, NV, OR, WA, Guam, and Northern Mariana Islands Employees

EFFECTIVE

August 1, 2018

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(888) 378-2456

In Alaska Airlines v. Shurke, the Ninth Circuit stated that because an employee’s state law claim did not arise entirely from or require interpretation of the employee’s collective bargaining agreement (CBA), the employee’s Washington Family Care Act (WFCA) claim was not preempted.

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