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Previous Updates
- Regularly check the Air Quality Index (AQI) to assess air quality levels.
- Ensure that employees have access to appropriate PPE, such as N95 respirators, when air quality deteriorates.
- Develop clear communication channels to inform employees about air quality conditions and necessary precautions.
- Educate workers on the health risks associated with wildfire smoke and the proper use of PPE.
https://legiscan.com/NV/bill/SB260/2025
- Lower the weekly limit on working time for minors ages 16 and under from 48 hours to 40 hours; and
- Prohibit minors ages 16-18 from working between 11:00 p.m. and 6:00 a.m. on any night immediately preceding a school day unless they meet certain exemptions.
- Provision of potable water;
- Provision of a rest break for an employee exhibiting signs or symptoms of heat illness;
- Provision for means of cooling for employees;
- Monitoring of working conditions that could create occupational exposure to heat illness, unless the employee is loading or unloading a motor vehicle that operates on public highways;
- Identification and mitigation of work processes that may generate additional heat or humidity;
- Training of employees; and
- Procedures for responding to an emergency.
- The right to unpaid leave,
- Eligibility for unemployment benefits, and
- Protections from employment discrimination.
https://legiscan.com/NV/text/SB147/2023
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The court said that while recreational marijuana use is legal in Nevada, marijuana possession remains illegal under federal law and that a wrongful termination claim could not be supported on public policy grounds.
Garnishment of Employee Wages
AB 37 amends the procedures applicable to employer’s garnishment of employees’ wages pursuant to a child support order. The law takes effect on October 1, 2021.
AB 37 revises the scope of employers’ garnishment of employees’ wages to include lump-sum payments made to employees, such as commission payments, discretionary and non-discretionary bonuses, incentive payments for moving or relocation, severance payments, or any other one-time, unscheduled payment of compensation.
If you have an employee (s) with child support and/or garnishment deductions, make sure you notify FrankCrum well in advance (10 business days) of lump sum payments.
Single-Stall Restrooms for Places of Public Accommodation
Nevada enacted AB 280, which requires places of public accommodation with a single-stall restroom to make the restroom as inclusive and accessible as possible to a person of any gender identity or expression. It does not create a private right of action for violating its provision, nor does it authorize the filing of a complaint with the Nevada Equal Rights Commission for such provision. The law takes effect October 1, 2021.
Salary History Ban
- Seek or rely upon an applicant's wage or salary history to determine whether to hire the individual or set the individual's pay rate; or
- Discriminate or retaliate against an applicant for failure to provide wage or salary history.
- An applicant who has completed an interview for a position with the wage or salary range for that position; and
- An employee who has applied for a promotion or transfer to a new position with the wage, salary range or rate for that position on request if the employee has completed an interview or been offered the promotion or transfer.
Non-Compete Agreements
Sick Leave for Immediate Family
Beginning October 1, 2021, if a Nevada employer provides paid or unpaid sick leave to its employees, it must allow the employee to use a portion of their accrued sick leave to assist a member of their immediate family who has an illness, injury, or medical need.
An employer may limit the amount of sick leave that an employee may use to an amount which is equal to not less than the amount of sick leave that the employee accrues during a six-month period. For example, if an employee accrues 24 hours per year in sick leave, you may limit the amount of sick leave the employee uses to assist an immediate family member to 12 hours per year.
Employers are required to post the bulletin prepared by the Labor Commissioner in a conspicuous location in each workplace maintained by the employer. You can find the required notice for this law, AB 190, as well as other Nevada postings, here.
DETR Posting
Per AB 307, effective October 1, 2021, employers must post and maintain the Nevada Department of Employment, Training and Rehabilitation (DETR) notice (s) in a conspicuous location at the workplace. You can find the required notice for AB 307, as well as other Nevada postings, here.
Final Pay Law Amended
Effective July 1, 2021, if an employer fails to pay a separated employee in accordance with the final pay laws (voluntary terminations must be paid final wages within seven days and involuntary terminations must be paid final wages immediately), the employee has two years within which to file a civil action against the employer. The state labor department may not exercise jurisdiction over wage claims for the same wages while such civil claims are pending.
Also, the definition of wages is amended to include amounts due to an employee who is discharged, resigns or quits.
Click here for SB 245 (Amendments)
Click here for Compensation, Wages and Hours
Leave Law Updates
Paid Vaccination Leave Law
Through December 31, 2023, per SB 209, private employers with 50 or more employees in Nevada must provide all employees with up to four total hours of paid leave to receive a COVID-19 vaccine. Employees receiving a single-dose vaccine may use two consecutive hours of vaccination leave, while employees received two doses are entitled to use two consecutive hours of vaccination leave per injection. Employers in the first two years of operation and those who provide a clinic on premises where an employee can be vaccinated during their regular work hours are exempt from these requirements. Employees must give notice of intent to use this leave at least 12 hours before using the leave.
In addition to creating paid leave for COVID-19 vaccination, the law amends current mandatory paid leave by adding that leave is available for “any use” which may include:
- Treatment of a mental or physical illness, injury, or health condition;
- Receiving a medical diagnosis or care;
- Receiving or participating in preventative care;
- Participating in caregiving; or
- Addressing other personal needs related to the health of the employee.
“Kin Care” Law
Effective October 1, 2021, per AB 190, employers proving paid or unpaid sick leave are required to allow an employee to use an portion of their accrued sick leave to help an immediate family member with an illness, injury, medical appointment or other authorized medical need. Employers may limit the kin care leave to the amount of sick leave an employee accrues during a six-month period.
The Nevada Labor Commissioner is to prepare a bulletin for paid vaccination leave and for kin care, and covered employers must post these bulletins in the workplace. Per SB 209, employers are to maintain a record of employees’ receipt or accrual and use of vaccination leave for one year.
Nevada Enacts Right to Return Law for Certain Workers
Under the Nevada Hospitality and Travel Workers Right to Return Act (SB 386: SB386 Text (state.nv.us)) certain employers in the casino, hospitality, stadium, and travel industries must offer their former employees laid off or furloughed due to the COVID-19 pandemic the opportunity to return to work.
This is effective July 1, 2021 through the end of the COVID-19 emergency or August 31, 2022, whichever is later.
Employers
The new law applies to an employer that:
- “[E]mploys or exercises control over the wages, hours or working conditions of 30 or more employees” or did so on March 12, 2020; and
- Who owns or operates a “covered enterprise” in Nevada.
A “covered enterprise” is “an airport hospitality operation, an airport service provider, a casino, an event center or a hotel that is located in a county whose population is 100,000 or more.”
Employees
The Act applies to all employees except for the following:
- Managerial and executive employees who are who are exempt from the Fair Labor Standards Act;
- Theatrical or stage performers; or
- Employees who are party to a valid severance agreement.
To qualify for protection under the Act’s layoff provisions, laid-off employees must have been employed for at least six months during the period of March 12, 2019, through March 12, 2020. In addition, the employee’s separation must have occurred after March 12, 2020, and have been “due to a governmental order, lack of business, reduction in force, or another economic, non-disciplinary reason.”
Notice
The employer must provide the employee a written notice of the layoff in “Spanish, English and any other language that is spoken by not less than 10 percent of the employer’s workforce” that includes:
- Notice of the layoff and its effective date;
- A summary of the right to reemployment provided by the Act, or clear instructions on how to access such information; and
- Contact information for the person designated by the employer to receive notice of a violation of the Act.
While WARN requires 60 days’ advance written notice of a “mass layoff” or a “plant closing,” the new Nevada law does not require advance notice. The notice must be provided at the time the layoff occurs. If the layoff took place before July 1, 2021, then the notice must be provided within 20 days after July 1, 2021. The notice must be given “either in person or mailed to the last known address of the employee and, [if known] by telephone, text message or electronic mail.”
Employers should keep in mind that the new law’s notice requirements are in addition to, rather than instead of, WARN notices, if a WARN notice is required.
Reemployment
An employer must offer a laid-off employee each position: (a) which becomes available after July 1, 2021; and (b) for which the employee is “qualified.” An employee is “qualified” if they held the same position, or a similar position within the same job classification, at the time of separation from the employer. Each offer must be in writing and sent “by mail to the last known address of the employee and, [if known], by telephone, text message or electronic mail.”
Available positions must be offered first to laid-off employees who held the same position when they were separated, and then to laid off employees who held a similar position within the same job classification. If more than one laid-off employee is entitled to preference, the employer must first offer the position to the employee with the greatest length of service. Employers may extend simultaneous employment offers conditioned on applying the order of preference.
The laid-off employee must have at least 24 hours after “the employee’s receipt of the offer to accept or decline the offer.” Further, if a laid-off employee is offered a job or position and (a) does not accept or decline the offer within 24 hours or (b) is not available to return to work within five calendar days after accepting the offer, “the employer may recall the next available employee with the greatest length of service[.]”
If an employer declines to recall a laid-off employee because the employee lacks qualifications and then hires a different person, the employer must, within 30 days of such decision, notify the laid-off employee in writing and identify “all the reasons for the decision.”
After an employer makes an offer to a laid-off employee, the employer is not required to make additional offers to that employee if: the employee states in writing that they do not wish to be considered for future open positions; the employer extends and the employee declines three “bona fide offers” of employment, with not less than three weeks between each offer; the employer attempts to make three offers of employment and (1) each offer made by mail is returned as undeliverable; (2) any offer made by electronic mail is returned as undeliverable; and (3) the employee’s telephone number is no longer in service.
Recordkeeping
For at least two years after the date the layoff notice is provided to the employee, the employer must retain record of the employee’s full legal name, last job classification, and date of hire; the employee’s last known address, email address, and telephone number; a copy of the written layoff notice; and records of each offer of reemployment made to the employee including the date and time of each offer.
