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At its 81st session, the Nevada Legislature passed and Governor Sisolak signed about 140 new laws, some of which affect employers. Below are the highlights of major Nevada labor and labor laws enacted during this legislature that are about to be or are already in effect.
New vacation regulations. As previously reported, the Nevada Legislature has passed two separate bills – SB 209 and AB 190 – that cover employee vacation entitlements. According to SB 209, private employers are generally required to give their employees paid leave in order to receive a COVID-19 vaccine. This law came into force upon signature on May 29, 2021. According to AB 190, employers granting paid or unpaid sick leave must allow employees, with effect from October 1, 2021, to use part of this leave to care for the immediate family.
Changes to the non-compete clause. A separate article discusses how AB 47 amended Nevada non-compete clause, NRS 613.195. AB 47 specifically states that employers are prohibited from bringing certain actions against former employees, prohibits the application of non-compete obligations to hourly workers, and requires courts to award employees legal fees and costs in certain circumstances.
Eligible beneficiaries must assert claims for unlawful termination within two years. Nevada issued SB 107 regarding the statute of limitations for unlawful termination claims under common law. The law provides that a wrongful termination lawsuit must be brought within two years of the termination date. Before SB 107, the law did not provide for an express limitation period for unlawful termination of employment. SB 107 codified the decision of the Nevada Supreme Court in Patush v. Las Vegas Bistro, LLC, 135 Nev. 353 (2019), in which lawsuits for unlawful termination of the employment relationship were pending, which are subject to the two-year limitation period for the initiation of claims for damages for personal injury. According to SB 107, the statute of limitations is suspended with the submission of an administrative complaint about the termination of the employment relationship to a federal or state authority up to 93 days after the administrative procedure. This law came into force on May 27, 2021.
Employers are prohibited from discriminating against employees because of their hair. SB 3271 went into effect on June 2, 2021, making discrimination based on hair illegal. The law prohibits discrimination based on traits typically associated with race, including hair texture and style.
Under SB 327, the Nevada Legislature expanded prohibited racial discrimination in employment and education. “Race” is being redefined to include characteristics associated with race, including hair texture and protective hairstyles. “Protective hairstyles” include natural hairstyles such as afros, bantu knots, curls, braids, locks, and twists. This law does not prevent employers from enforcing the health and safety requirements of federal or state law despite the protection provided by SB 327. Hence, it is illegal to discriminate based on a person’s hair structure or protective hairstyle. The Nevada Equal Rights Commission (NERC) can investigate allegations of illegal discrimination based on hair.
Labor commissioner’s powers and limitations and wages redefined. Nevada issued SB 245 which regulates the wages and authority of the labor commissioner. This law comes into force on July 1, 2021.
This law provides, with certain exceptions, that if a person files a complaint with the Labor Commissioner and the claimant is covered by a collective agreement that provides redress or other facilities for breach of his terms, the Labor Commissioner must refuse the Labor Commissioner’s jurisdiction to claim or complain until the legal remedies, other legal remedies and legal remedies of the claimant in accordance with the provisions of the collective agreement are exhausted.
However, the law requires the Labor Commissioner to have jurisdiction over such action or complaint if he finds that the remedies or other remedies given to the claimant under the terms of the collective agreement are insufficient, unavailable or non-binding, and thereafter compliance with labor laws of Detect Nevada.
If an employer fails to pay an employee wages, compensation or salary as prescribed upon termination, the law empowers the employee to bring a civil action against the employer for up to two years after the employer’s failure to do so. This law also prohibits the Labor Commissioner from seeking unpaid wages if he is dismissed while a civil lawsuit is pending for equal wages.
Finally, this law revises the definition of “wages” in order to include, in addition to the previous requirements of NRS 608, amounts that a dismissed employee or an employee who resigns or whose former employer does not pay the employee within the statutory deadlines , owed.
Garnishment of wages according to the maintenance regulations. AB 37 changes the procedure for the attachment of employees’ wages by employers in accordance with a maintenance regulation. The law comes into force on October 1, 2021.
AB 37 namely revises the scope of the seizure of employee wages by the employer to include lump sum payments to employees, such as commission payments, discretionary and non-discretionary bonuses, incentive payments for moving or moving, severance payments or other one-off, unscheduled compensation payments. An employer who is required to attach a worker’s wages under a child support order must notify law enforcement as specified in a child support order at least 10 days before the employer intends to pay a lump sum payment of $ 150 or more. to release the employee. The Department of Welfare and Support Services of the Department of Health and Human Services (DWSS) then informs the employer in writing of the amount of the lump sum that the employer must withhold and pay to the law enforcement agency.
An employer is prohibited from releasing the lump sum payment prior to: (1) the date on which the employer intended to release the lump sum payment; or (2) on the eleventh day after the employer has informed the enforcement authority of his intention to release a lump sum payment, or on the day on which the employer receives a written notice from DWSS, whichever is earlier. AB 37 also empowers a court to impose sanctions on an employer who refuses to withhold money or who willfully fail to deliver money from an employee’s wages to an enforcement agency due to a child support order.
Employers may not ask about an employee’s salary history. Nevada has issued SB 293 which prohibits an employer or employment agency from looking at an applicant’s pay history and an employer or employment agency from discriminating against an applicant for not disclosing the applicant’s pay history. However, an employer or an employment agency may ask an applicant about the applicant’s wage expectations for the position for which the applicant is applying.
In addition, SB 293 requires an employer or employment agency to provide a candidate who has completed an interview for the employment position: (1) the wage or salary range or rate for the position; and (2) the wage or salary range or rate for a promotion or transfer if certain conditions are met. An applicant who believes that an employer has not complied with this provision can lodge a complaint with the Labor Commissioner about such an alleged violation, which may result in administrative sanctions against the employer. The law comes into force on October 1, 2021.
Employers are required to publish a notice on the services provided by the Department of Employment, Training and Rehabilitation (DETR). AB 307 instructs DETR to create one or more notices about the vocational training and placement services it offers. The law also requires that any employer who is privately employed in Nevada publish and maintain DETR’s announcement (s) regarding its professional training services or employment programs. Employers must post and keep the notice (s) in a prominent place in the workplace. The law comes into force on October 1, 2021.
Requirements for single-place toilets for public accommodation facilities. Nevada enacted AB 280, which mandates public accommodation with a single toilet, in order to make the toilet as inclusive and accessible as possible to a person of any gender identity or expression. It does not establish a private right of action for violations of its regulations, nor does it authorize filing of a complaint with the Nevada Equal Rights Commission for such violations. The law comes into force on October 1, 2021.
In the context of AB 280, a place of public accommodation means any facility or place to which the public is invited or which is intended for public use, including but not limited to inns, hotels, motels, restaurants, bars, gas stations, Theaters, grocery stores, laundromats, museums, libraries, parks, private schools or universities, daycare centers, gyms, and spas. More specifically, public accommodation with an individual toilet must allow: (1) a parent or legal guardian of a child to enter the individual toilet with the child; (2) a person with a disability to enter the individual toilet with their caregiver, if applicable; and (3) a person of any gender or expression to use the individual toilet as needed. AB 280 prohibits the owner or operator of public accommodation from marking the individual toilet with signs that indicate that the toilet is intended for a specific gender. The law allows individual toilets to be marked as available for use by anyone, including by putting up a sign saying “all-gender bathroom” or “all-accessible bathroom”.
1 This Act also contains a provision that makes it a Category E crime to manipulate the result of an examination taken by an employee if the examination is a prerequisite for hiring or promoting an employee.
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