Rules Born of a Pandemic: Nevada’s Latest Employment Laws – Energy and Natural Resources
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In its 81st session, the Nevada Legislature passed and Governor Sisolak enacted approximately 140 new laws, some of which affect employers. Highlights of major Nevada labor and employment laws enacted in this legislative session that will soon come into effect, or are already in effect, are briefly outlined below.
New leave requirements. As previously reported, the Nevada legislature has enacted two separate bills – SB 209 and AB 190 – covering workers’ leave rights. Under SB 209, private employers are generally required to provide employees with paid leave to receive a COVID-19 vaccine. This law entered into force when it was signed on May 29, 2021. Under AB 190, as of October 1, 2021, employers who grant paid or unpaid sick leave must allow employees to use a part of this leave to care for immediate family.
Amendments to the law on non-competition. A separate article explains how AB 47 amended Nevada’s non-compete status, NRS 613.195. AB 47 expressly provides that employers are prohibited from bringing certain actions against former employees, prohibits non-competition clauses from applying to hourly employees, and requires courts to award attorneys’ fees and costs to employees in certain circumstances.
Claimants must submit claims for wrongful termination within two years. Nevada enacted SB 107 regarding the statute of limitations for initiating common law wrongful termination claims. The law provides that an action for unfair dismissal must be brought within two years from the date of dismissal. Prior to SB 107, the law did not expressly prescribe a statute of limitations for common law unfair dismissal actions. SB 107 codified the decision of the Supreme Court of Nevada in Patush v Las Vegas Bistro, LLC, 135 Nev. 353 (2019), which held actions for wrongful dismissal are governed by the two-year limitation period for bringing personal injury claims. Under SB 107, the statute of limitations is calculated from the date an administrative termination complaint is filed with a federal or state agency until 93 days after the administrative procedure. . This law entered into force on May 27, 2021.
Employers are prohibited from discriminating against employees on the basis of their hair. SB 3271 entered into force on June 2, 2021, making hair discrimination illegal. The law prohibits discrimination based on traits typically associated with race, including hair texture and hairstyle.
Under SB 327, the Nevada legislature extended prohibited racial discrimination in employment and education. “Race” is redefined to include traits associated with race, which include 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 applying the health and safety requirements of federal or state laws despite the protections provided by SB 327. Thus, it is illegal to discriminate based on hair texture or hairstyle. protector of a person. The Nevada Equal Rights Commission (NERC) can investigate allegations of illegal discrimination based on hair.
Authority and limits of the labor commissioner and redefined wages. Nevada enacted SB 245, which governs the wages and authority of the labor commissioner. This law comes into force on July 1, 2021.
This law provides, with a few exceptions, that if a person files a complaint with the labor commissioner and the claimant is covered by a collective agreement which provides for a remedy or other remedy in the event of a violation of his conditions, the labor commissioner work must decline the jurisdiction of the claim or complaint until the remedies, other remedies and appeals provided to the claimant by the terms of the collective agreement are exhausted.
However, the law requires the labor commissioner to exercise jurisdiction over such a claim or complaint if he determines that the remedies or other remedies provided to the claimant under the terms of the collective agreement are inadequate, unavailable or non-binding, and subsequently determine compliance with Nevada labor laws.
Additionally, if an employer does not pay wages, benefits, or wages to an employee upon termination, as required, the law allows the employee to bring a civil action against the employer for up to two years after the termination. employer failure. This law also prohibits the labor commissioner from taking up a claim for unpaid wages during a dismissal during the proceedings of a civil action for the same wages.
Finally, this law revises the definition of “salary” to include amounts owed to a dismissed employee or to an employee who resigns or resigns and whose former employer does not pay the employee within the legal deadlines, in addition to the previous requirements. of NRS 608.
Garnishment of wages under a child support order. AB 37 amends the procedures applicable to the garnishment by employers of the wages of employees under a child support order. The law comes into force on October 1, 2021.
Namely, AB 37 revises the scope of employer garnishment of employee wages to include lump sum payments made to employees, such as commission payments, discretionary and non-discretionary bonuses, relocation incentive payments or relocation, severance pay or any other one-time, unforeseen payment of compensation. An employer required to garnish an employee’s wages under a child support order must notify the enforcement authority, as identified in a child support order, at least 10 days before the employer has intend to make a lump sum payment of $ 150 or more to the employee. The Social Services and Support Division of the Department of Health and Social Services (DWSS) then provides a written notice to the employer, identifying the amount of the lump sum payment that the employer must withhold and remit to the supervisory authority. execution.
The employer is prohibited from releasing the lump sum payment before: 1 ° the date on which the employer has indicated that he intends to release the lump sum payment; or (2) the eleventh day after the employer has notified the executing authority of its intention to release a lump sum payment or the date on which the employer receives written notice from DWSS, whichever occurs first. AB 37 also allows a court to impose penalties on an employer who refuses to withhold money or intentionally fails to remit money from an employee’s salary to an enforcement authority pursuant to a child support order .
Employers may not search an employee’s salary history. Nevada enacted SB 293, which prohibits an employer or employment agency from researching a candidate’s salary history and prohibits an employer or employment agency from discriminating against a candidate for failing to disclose the candidate’s salary history. However, an employer or an employment agency can ask a candidate what their salary or salary expectations are for the position they are applying for.
In addition, SB 293 requires that an employer or an employment agency provide a candidate who has been interviewed for the position: (1) the salary or wage scale or rate for the position; and (2) the scale or rate of pay or pay for promotion or transfer to a new post if certain conditions are met. A claimant who believes that an employer has failed to comply with this provision may file a complaint with the labor commissioner regarding such an alleged violation, which could expose an employer to administrative penalties. The law comes into force on October 1, 2021.
Employers must post a notice of services provided by the Department of Employment, Training and Rehabilitation (DETR). The AB 307 instructs the DETR to prepare one or more opinions concerning the vocational training and employment services it provides. The law also requires every employer working in the private sector in Nevada to post and maintain DETR’s notices regarding their job training services or employment programs. Employers should post and keep notices in a conspicuous place in the workplace. The law comes into force on October 1, 2021.
Single-stall toilet requirements for public accommodation. Nevada enacted AB 280, which requires public accommodation with single-stall toilets to make the toilets 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 violation of its provisions, nor does it authorize the 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, public accommodation means any establishment or place to which the public is invited or which is intended for public use, including, without limitation, hostels, hotels, motels, restaurants, bars , gas stations, theaters, grocery stores, laundromats, museums, libraries, parks, private schools or universities, daycares, gymnasiums and health spas. More specifically, a public accommodation with a single-stall toilet must allow: (1) a parent or guardian of a child to enter the single-stall toilet with the child; (2) a person with a disability to enter the single-cabin washroom with their caregiver, if applicable; and (3) a person of any gender identity or expression to use the single cabin toilet as needed. AB 280 prohibits the owner or operator of the public accommodation from labeling single-stall toilets with signage indicating that the toilets are for a specific gender. The law allows for the labeling of single-cabin toilets as available for use by any person, including posting a sign that reads “bathroom for all sexes” or “bathroom accessible to all”.
1 This law also contains a provision which qualifies as a category E crime the falsification of the result of a test taken by an employee when the test is a condition for the hiring or promotion of an employee.
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