Category Archives: Nevada

New Laws Effective in 2018

Aside from the minimum wage increases, there are a number of new laws going into effect in the new year.

While many of these have been addressed in detail in previous articles, the following is a summary of the new laws/regulations that may be going into effect in your state …

State New Law
California AB 46 – Amends the California Equal Pay Act to define “employer” to include public and private employers.

Effective January 1, 2018

AB 168 – Adds §432.3 to the California Labor Code, which prohibits employers from inquiring into and relying on an applicant’s salary history during the hiring process.

Effective January 1, 2018

AB 260 & SB 225 – Makes two changes the Human Trafficking required notice: (1) additional businesses (including hotels, motels, and bed and breakfast inns) are required to post the notice and (2) the notice must include a text number to access support and services.

Effective January 1, 2018

AB 450 – Employers are prohibited from providing ICE agents with access to their worksite and/or records without a warrant.

Effective January 1, 2018

AB 1008 – Amends the California Fair Employment and Housing Act to include a “ban-the-box” provision, which prohibits employers from inquiring about an applicant’s criminal history before the employer has made a conditional offer of employment.

Effective January 1, 2018

AB 1701 – Adds §218.7 to the California Labor Code, which requires direct contractors to assume liability for unpaid wages, benefits, and/or contributions owed by its subcontractors.

Effective January 1, 2018

AB 1710 – Expands protections to members of the military and veterans by prohibiting employers from discriminating against these individuals in the terms and conditions of employment.

Effective January 1, 2018

SB 63 (New Parent Leave Act) – Requires employers who employs 20+ employees within 75 miles of a worksite provide eligible employees with up to 12 weeks of unpaid parental leave to bond with a new child within one year of the child’s birth, adoption, or foster care placement.  Employers are not required to provide this leave to employees who are eligible for CFRA and FMLA.

Effective January 1, 2018

SB 258 (Cleaning Product Right to Know Act of 2017) – Requires employers who are required to make a safety data sheet readily accessible to its employees also provide employees with information regarding exposure to potentially harmful chemicals in designated cleaning products.

Effective January 1, 2018

SB306 – Authorizes the DLSE to commence an investigation of an employer, with or without a complaint being filed, when retaliation or discrimination is suspected during the course of a wage claim or other specified investigation being conducted by the Labor Commissioner.

Effective January 1, 2018

SB396 – Amends the California Fair Employment and Housing Act to require employers with 5+ employees post a notice in the workplace regarding transgender rights.  Also requires employers with 50+ employees to include harassment based on gender identity, gender expression, and sexual orientation in their anti-harassment training programs.

Effective January 1, 2018

Connecticut HB 7037 – Requires employers to provide information regarding child support garnishments to their workers’ compensation carrier when making an initial report of occupational illness or injury to the carrier.

Effective January 1, 2018

Delaware HS 1 — Prohibits employers from inquiring into and relying on an applicant’s salary history during the hiring process.

Effective December 14, 2017

Hawaii SB 1007 – Changes the reporting frequency of withheld income tax from monthly reporting to quarterly reporting for all employers.

Effective January 1, 2018

Illinois SB 318 – Prohibits employers from (1) using (or requiring an applicant/employee provide) genetic information in employment decisions (2) discriminating against an employee because of genetic information or testing, or (3) retaliating against an employee who refuses to disclose genetic information.

Effective January 1, 2018

SB 1895 – Prohibits employers from disciplining or terminating an employee who also serves as a volunteer emergency medical services personnel or as a volunteer firefighter by his or her employer for responding to an emergency call or emergency text message during work hours that requests the employee’s volunteer emergency medical services or volunteer firefighter services.

Effective January 1, 2018

Maine LD 1477 – Requires the Department of Labor and the Maine Human Rights Commission develop and make available a training guide setting forth the sexual harassment training requirements for employers’ use and increases the penalties imposed on employers for violating the notice and sexual harassment training requirements.

Effective November 1, 2017

LD 88 – Delayed the effective date of certain portions of the Maine Marijuana Legalization Act until 2/1/2018.

Effective February 1, 2018

Massachusetts HB 3680 (Massachusetts Pregnant Workers Fairness Act) – Prohibits workplace and hiring discrimination related to pregnancy and nursing, and requires employers to provide reasonable accommodations for expectant and new mothers in the workplace.

Effective April 1, 2018

SB 2119 – Amends the Massachusetts Equal Pay Act by (1) requiring employers to provide “equal pay” for “comparable” work, (2) prohibiting inquiries into an applicant’s salary history.

Effective July 1, 2018

Nevada AB 76 – Amends the existing law to remove the requirement that the Central Repository provide certain criminal history information to employers and repeals certain immunities previously provided to employers.

Effective January 1, 2018

SB 361 – Requires Nevada employers to provide employees who are victims of domestic violence with up to 160 hours of domestic violence leave in a 12-month period.

Effective January 1, 2018

New York SB 2543 – Extends the anti-smoking provisions of Public Health Law § 1399-n (which prohibits smoking in certain public areas) to include “vaping” and the use of e-cigarettes.

Effective November 22, 2018

AB A9006C & SB 6406 – Requires employers to provide eligible employees with up to 12 weeks of Paid Family Leave in a 12-month period for qualifying reasons.

Effective January 1, 2018

North Carolina SB 407 (Employee Fair Classification Act) – Creates the Employee Classification Section within the Industrial Commission, which will be responsible for investigating suspected employee misclassification.  Also requires employers post notice relating to employee misclassification.

Effective October 1, 2017

Ohio Admin. Code 4141-11-01 – Requires employers provide all quarterly contribution and wage reports electronically.

Effective January 1, 2018

Oregon HB 3008 — Prohibits employer from requiring employee to create, file or sign documents containing information that employer knows is false related to hours worked or compensation received by employee.

Effective January 1, 2018

SB 299 – Amends the Oregon paid sick leave law to allow employers to limit number of hours of sick time that employees may accrue per year.

Effective January 1, 2018

SB 769 – Enhances protections for the privacy of social security numbers by prohibiting persons (including employers) from disposing of (or transferring to another person for disposal) materials that display an individual’s Social Security number unless (1) before disposing of the material, the person makes Social Security number unreadable or unrecoverable or (2) the person ensures that person that ultimately disposes of media or material makes Social Security number unreadable or unrecoverable.

Effective January 1, 2018

SB828 — Requires large employers in specified industries (employers with 500+ employees in retail, hospitality, and food services) to provide new employee with estimated work schedule and to provide current employee with seven days’ notice of employee work schedule.

Effective July 1, 2018

Rhode Island HB 5182 & SB 175 — Prohibits the use of a non-hands-free personal wireless communication device while operating a motor vehicle, except for public safety personnel or in an emergency situation

Effective June 1, 2018

HB 5413 & SB 290 (Paid Sick Leave Law) — Requires employers with eighteen (18) or more employees to provide three (3) paid sick days in 2018, four (4) paid sick days in 2019 and five (5) paid sick days thereafter.

Effective July 1, 2018

SB 676 — Creates a statutory vehicle for the creation and functioning of workers’ cooperatives which are corporations that are owned and democratically governed by their members.

Effective January 1, 2018

Utah SB 249 — Requires employers to file a quarterly withholding return in an electronic format

Effective January 1, 2018

Vermont HB 136 — Requires employers provide a reasonable accommodation for an employee’s pregnancy-related condition, unless the accommodation would impose an undue hardship on the employer.

Effective January 1, 2018

HB 462 — Prohibits employers from requiring, requesting, or coercing an employee to provide a social media account username or password, or to present or divulge social media content to the employer. Also prohibits employers from requiring or coercing an employee to add the employer to his or her list of contacts for a social media account.

Effective January 1, 2018

Virginia HB 1646 & SB 1333 – Reduces the maximum portion of an employee’s disposable earnings subject to garnishment.

Effective July 1, 2018

Washington Initiative No. 1433 (Paid Sick Leave Law) – Requires employers to provide paid sick leave to eligible employees.

Effective January 1, 2018

2018 MINIMUM WAGE CHECK-UP

With various cities and counties having enacted local minimum wages and 18 states (Alaska, Arizona, California, Colorado, Florida, Hawaii, Maine, Michigan, Minnesota, Montana, Missouri, New Jersey, New York*, Ohio, Rhode Island, South Dakota, Vermont, Washington) are increasing their own minimum wages on January 1st (December 31st for New York), employers should take time to verify that they are meeting the minimum wage requirements of their state/city/county.

The below chart sets forth the minimum wage effective January 1, 2018.

employer PAYS $1.50/hr towards medical benefits$11.91

Federal $7.25
State City/County  Amount?
Alabama  $7.25
Alaska*  $9.84
Arizona* — all cities/counties except …  $10.50
Flagstaff* $11.00
Arkansas  $8.50
California* — all cities/counties except …                                  small employer (25 or less) $10.50
large employer (26 or more) $11.00
Berkeley  $13.75
Cupertino* $13.50
El Cerrito*  $13.60
Emeryville                                           small employer (55 or less) $14.00
large employer (56 or more) $15.20
Los Altos* $13.50
Los Angeles                                         small employer (25 or less) $10.50
large employer (26 or more) $12.00
Malibu                                                  small employer (25 or less) $10.50
large employer (26 or more) $12.00
Milpitas* $12.00
Mountain View* $15.00
Oakland $12.86
Palo Alto* $13.50
Pasadena                                             small employer (25 or less) $10.50
large employer (26 or more) $12.00
Richmond*                                             employer does NOT pay $1.50/hr towards medical benefits $13.41
employer PAYS $1.50/hr towards medical benefits $11.91
Sacramento*                                      small employer (100 or less) $10.50
large employer (101 or more) $11.00
San Diego $11.50
San Francisco $14.00
San Jose* $13.50
San Leandro $13.00
San Mateo*                                                 For-profit organizations $13.50
Non-profit organizations $12.00
Santa Clara* $13.00
Santa Monica                                       small employer (25 or less) $10.50
large employer (26 or more) $12.00
Sunnyvale* $15.00
Los Angeles County                            small employer (25 or less)

unincorporated areas                            large employer (26 or more)

$10.50

$12.00

Colorado* $10.20
Connecticut $10.10
Delaware $8.25
Florida* $8.25
Georgia $7.25
Hawaii* $10.10
Idaho $7.25
Illinois — all cities/counties except … $8.25
Chicago $11.00
Cook County

(except for the Village of Barrington)

$10.00
Indiana $7.25
Iowa $7.25
Kansas $7.25
Kentucky $7.25
Louisiana $7.25
Maine* — all cities/counties except … $10.00
Portland $10.68
Maryland — all cities/counties except … $9.25
Montgomery County $11.50
Prince George’s County $11.50
Massachusetts $11.00
Michigan* $9.25
Minnesota* — all cities/counties except … “small employers” (employers with an annual sales volume of less than $500,000) $7.87
“large employers” (employers with an annual sales volume of $500,000+) $9.65
Minneapolis                                         large employer (101 or more) $10.00
Mississippi $7.25
Missouri $7.85
Montana* $8.30
Nebraska $9.00
Nevada $8.25
New Hampshire $7.25
New Jersey* $8.60
New Mexico — all cities/counties except … $7.50
Albuquerque*                                             employer provides benefits $7.95
employer does NOT provide benefits $8.95
Las Cruces* $9.45
Santa Fe $11.09
Bernalillo County*unincorporated areas                                             employer provides benefits $7.85
employer does NOT provide benefits $8.85
Santa Fe County unincorporated areas $11.09
New York**  “Upstate” employers (excluding fast food employees) $10.40
“Downstate” employers (excluding fast food employees) $11.00
“Small” NYC employers (excluding fast food employees $12.00
Fast food employees outside NYC $11.75
“Large” NYC employers (excluding fast food employees) $13.00
Fast food employees inside NYC $13.50
North Carolina $7.25
North Dakota $7.25
Ohio* $8.30
Oklahoma $7.25
Oregon — all cities/counties except … $10.25
Portland $11.25
Nonurban Counties 

(Baker, Coos, Crook, Curry, Douglas, Gilliam, Grant, Harney, Jefferson, Klmath, Lake, Malheur, Morrow, Sherman, Umatilla, Union, Wallowa Wheeler counties)

$10.00
Pennsylvania $7.25
Rhode Island* $10.10
South Carolina $7.25
South Dakota* $8.85
Tennessee $7.25
Texas $7.25
Utah $7.25
Vermont* $10.50
Virginia $7.25
Washington* — all cities/counties except … $11.50
City of SeaTac* (hospitality and transportation workers) $15.64
Seattle* $14.00
small employer who does not pay towards medical benefits

(500 or less)

small employer who does pay towards medical benefits

(500 or less)

$11.50
large employer who does not pay towards medical benefits

(501 or more)

$15.00
large employer who does pay towards medical benefits

(501 or more)

$15.45
Tacoma* $12.00
Washington DC $12.50
West Virginia $8.75
Wisconsin $7.25
Wyoming $7.25
 * = increase in minimum wage effective January 1, 2018

** = increase in minimum wage effective December 31, 2017

 

Caveat: Please be advised that this information is being provided as a courtesy and that ePlace Solutions, Inc. does not track local laws and ordinances and will not update this information with changes in local laws and ordinances.

 

 

NEW LAW — Nevada’s Wage Disclosure Law

On June 3, Nevada Governor Brian Sandoval signed Assembly Bill 276 into law.

This law is more known for addressing non-compete agreements.  Specifically, the law renders noncompetition agreements void and unenforceable unless the agreement:

  • is supported by valuable consideration;
  • does not impose any restraint that is greater than is required for the protection of the employer;
  • does not impose any undue hardship on the employee; and
  • imposes restrictions that are appropriate in relation to the valuable consideration supporting the covenant.

The law also prohibits employers from restricting a former employee from providing service to a former customer or client if:

  • the former employee did not solicit the former customer or client;
  • the customer or client voluntarily chose to leave and seek the services of the former employee; and
  • the former employee is otherwise complying with the noncompetition covenant.

In addition, the new law also addresses discrimination based on wage discussions and disclosures.  Under the law, it is considered an unlawful employment practice for an employer with 15 or more employees “to discriminate against any employee because the employee has inquired about, discussed, or voluntarily disclosed his or her wages or the wages of another employee.”

This prohibition does not apply to “any person who has access to information about the wages of other persons as part of his or her essential job functions and discloses that information to a person who does not have access to that information unless the disclosure is ordered by the Labor Commissioner or a court of competent jurisdiction.”

 

Fluctuating Work Week Method Of Compensation Is Permissible For Certain Nevada Employees

In a recently published Advisory Opinion, the Nevada Labor Commissioner has opined that Nevada employers may use the fluctuating workweek method to compensate certain types of nonexempt Nevada employees.

What is the fluctuating workweek method?

The fluctuating workweek method is a accept method of compensation under the Fair Labor Standards Act for nonexempt employees who are paid a fixed salary for all hours worked. Under this method, the employer and employee have come to an understanding that the employee will receive the fixed salary as straight time pay for whatever hours he is called upon to work in a workweek – no matter how few or how many.

If the employee works over 40 hours in a workweek, the employer then pays the employee overtime based on one-half the employee’s regular rate of pay. The regular rate of pay is calculated by dividing the employee’s weekly salary by the total hours the employee worked that week. That number is then divided in half to determine the overtime rate – because the employer and employee previously agreed that the salary compensated the employee for all straight time hours worked.

What did the Nevada Labor Commissioner opine?

The Labor Commissioner found that the fluctuating workweek method of compensation was permissible for fixed salary nonexempt employees. In addition, he also found that fluctuating workweek method of compensation is also permissible where a fixed salary employee is also paid commissions and bonuses provided that those commissioner and/or bonuses are included in the weekly amount of pay when determining the employee’s regular rate of pay.

Take home for employers

While the fluctuating workweek method is a accept method of compensation in Nevada, it is recommended that Nevada employers consult with an HR Professional or legal counsel before using this method of payment with their employees.

NEW POSTER — Nevada Pregnant Workers’ Fairness Act Notice Now Available

The Nevada Equal Rights Commission published its Nevada Pregnant Workers’ Fairness Act Notice.

This Notice must be posted in a conspicuous location in the workplace by all Nevada employers who employ 15 or more employees — effective immediately.

In addition,  Nevada employers who employ 15 or more employees must also provide this Notice to the following employees:

  • all new employees at the beginning of employment; and
  • any employee, within 10 days, who informs her immediate supervisor that she is pregnant.

 

NEW LAW — Nevada to Require Domestic Violence Leave January 1, 2018

Nevada Governor Brian Sandoval recently signed Senate Bill 361 into law. This new law requires Nevada employers provide leave to eligible employees who are (or whose family or household members who are) victims of domestic violence, sexual assault, or stalking starting January 1, 2018.

Law Summary

The new law covers all Nevada private employers.

Under the new law, an employee is eligible for this leave if the following criteria are met:

  • The employee has been employed by the employer for at least 90 days and
  • The employee or the employee’s family or household member is a victim of domestic violence, sexual assault, or stalking.

For purposes of this law, the term “family member” means the employee’s spouse, domestic partner; minor child; or parent or other adult person who is related within the first degree of consanguinity or affinity to the employee, or other adult person who is or was actually residing with the employee at the time of the act which constitutes domestic violence.

An employee is not eligible for this leave where a family member is the victim and the employee is the alleged perpetrator.

Eligible employees can take up to 160 hours of leave within 12 months immediately following the date on which domestic violence occurred. Time off can be taken for the following purposes:

  • for the diagnosis, care or treatment of a health condition;
  • to obtain counseling or assistance;
  • to participate in a court proceedings; or
  • to establish a safety plan, including any action to increase the safety of the employee or the employee’s family or household member.

Employers can require that employees provide documentation (e.g. police reports, copies of applications for protection orders, affidavits from victims’ organizations, or documentation from a physician) to support the employee’s use of leave. This documentation must be kept confidential by the employer.

In addition to leave rights, the new law also requires that employers provide reasonable accommodation for employees who are (or whose family or a household member are) victims of domestic violence. Possible reasonable accommodations include, but are not limited to:

  • transfers or reassignments;
  • modified schedules;
  • new work telephone numbers; or
  • other reasonable accommodations that do not create undue hardships and that are necessary to ensure the safety of the employee and the workplace.

Recordkeeping and Notice Requirements

Under the new law, employers are required keep records relating to the amount of leave an employee takes for this purpose for a period of two years following the start of a leave. These records must be kept confidential, but are subject to inspection by the Nevada Labor Commissioner.

In addition, the Nevada Labor Commissioner is in the process of preparing a notice relating to this new leave. Once the notice is prepared, Nevada employers will be required to post this notice in the workplace.

New Laws Effective July 2017

Labor Laws in the Workplace as Concept

Aside from the minimum wage increases, there are a number of new laws coming into effect in July 2017. While many of these have been addressed in detail in previous articles, the following is a summary of the new laws/regulations that may be going into effect in your state …

State New Law
Arizona House Bill 2322 — For purposes of the state’s labor and employment laws, a franchisor is not an employer or co-employer of either a franchisee or an employee of the franchisee, unless the franchisor agrees, in writing, to assume that role. Effective July 6, 2017
Proposition 206 (Fair Wages and Healthy Families Act) — Arizona workers accrue and have the legal right to use a minimum amount of paid sick time each year. Effective July 1, 2017
California Applicant/Employee Criminal History Regulations – New regulations relating to when an employer can (and cannot) use an applicant’s or employee’s criminal history in hiring and other employment decisions. Effective July 1, 2017
Transgender Identity and Expression Regulations — New regulations relating to the rights of transgender employees in the workplace, how to resolve certain situations associated with transgender employees. Employers are also required to respect the names, genders, and pronouns preferred by employees for identification purposes and cannot require individuals to provide documentation of sex, gender, gender identity, or gender expression as a condition of employment. Effective July 1, 2017
New Workplace Notices for Barbering and Cosmetology Establishments – This notice must be posted in the workplace. Available in English, Spanish, Korean, Vietnamese. Effective July 1, 2017
New Domestic Violence Workplace Notice – Employers with 25+ employees must provide employees with this notice or (for existing employees) upon request. Available in English and Spanish. Effective July 1, 2017
Florida Senate Bill 370 (Civil Air Patrol Leave) — Employers with 15+ employees must provide up to 15 days of unpaid Civil Air Patrol Leave to eligible employees. Effective July 1, 2017
Georgia Senate Bill 201 (“Family Caregiver” Leave) — Employers with 25+ employees who provide sick leave benefits (i.e. sick leave or PTO) must allow their employees to use up to five days of these benefits per year “to care for an immediate family member.” Effective July 1, 2017
House Bill 243 — Georgia localities (i.e. cities, counties, municipalities, etc.) cannot require employers to pay employees “predictive pay” (e.g. to compensate employees for changes to an employee’s schedule). Effective July 1, 2017
Indiana Senate Bill 312 – Indiana localities (i.e. cities, counties, municipalities, etc.) cannot bar employers from inquiring about criminal history at the time of initial employment or requiring the candidate to disclose such information. Effective July 1, 2017
Iowa Senate File 444 – Using a handheld electronic communication device to write, read, or send an electronic message, including texts or social media posts, while driving is prohibited. Effective July 1, 2017
Senate File 32 – Use of hair samples for pre-employment workplace drug-testing is permissible. Effective July 1, 2017
Montana Senate Bill 326 — Employer cannot inquire or consider about an applicant’s criminal history until after a conditional offer of employment has been made. In addition, unless a criminal background check of an applicant is required for a license or otherwise prior to hiring for employment, an employer cannot disqualify an applicant solely or in part because of a prior conviction unless certain criteria are met. Effective July 1, 2017
Nevada Assembly Bill 113 — Employers must provide reasonable unpaid break time for covered employees (breastfeeding employees with children under one year of age) to express breast milk as needed. Effective July 1, 2017
New Hampshire House Bill 194 – Employers are required to pay all wages due to employees at regular intervals not to exceed 14 days. (previously it was within eight days following the week in which the work was performed.) Effective July 11, 2017
New York New York Paid Family Leave Benefits Law – Employers may start collecting the weekly employee contribution for paid family leave. (Employees cannot start using this leave until January 1, 2018) Effective July 1, 2017
South Dakota Senate Bill 137 — A franchisee or an employee of a franchisee is not considered an employee of the franchisor Effective July 1, 2017
Vermont Senate Bill 69 — Employers are required to make child support payments directly to the appropriate out-of-state agency upon receipt of a Court order. Effective July 1, 2017
House Bill 261 — Employers cannot ask questions about criminal history on job applications (except under limited circumstances). Criminal history inquiries can only be made during an interview or once the applicant has been deemed otherwise qualified for the position.   If a candidate with a criminal history is eligible for the job, that individual must be given the opportunity to explain that history, including any post-conviction rehabilitation. Effective July 1, 2017
Senate Bill 16 – Authorized medical marijuana users expanded to include persons suffering from post-traumatic stress disorder, Parkinson’s disease, and Crohn’s disease Effective July 1, 2017
Washington Senate Bill 5289 (Distract Driving Law) – Individuals are banned from “using” (e.g. holding in either or both hands; using a hand of finger to compose, send, browse, access or retrieve messages or other data; or watching a video) cell phones and related devices while driving. Effective July 1, 2017
Senate Bill 5835 – Employers with 15+ employees must provide reasonable accommodations for pregnant workers unless doing so would impose an undue hardship. Employers also cannot discriminate and retaliate against employees who request, decline, or use any such accommodation. Effective July 23, 2017
West Virginia Senate Bill 76 – Employers receive limited civil immunity for hiring convicted felons and persons in reduced misdemeanor status. Effective July 8, 2017
House Bill 2857 (West Virginia Safer Workplace Act) – Clarifies that drug/alcohol testing prospective and current employees is legal and makes it easier for employers to conduct drug and alcohol testing without violating the law. Effective July 1, 2017
Senate Bill 386 (West Virginia Medical Cannabis Act) — Legalizes medical marijuana use for persons with a qualifying medical condition and protects employees from discrimination based on their certification for medical marijuana use. However, employers are not be required to make any accommodations for the use of medical marijuana at the workplace. Effective July 6, 2017
Wyoming Senate File 94 — Franchisors are only considered employers of either a franchisee or a franchisee’s employees if agreed to in writing by the franchisor and franchisee. Effective July 1, 2017

NEW LAW – Nevada Pregnant Workers’ Fairness Act

On June 2, 2017, Nevada Governor Brian Sandoval signed Senate Bill No. 253 (the Nevada Pregnant Workers’ Fairness Act) into law. The new law amends the Nevada Fair Employment Practices Act and greatly expands the legal protections afforded to pregnant employees in Nevada. The Nevada Pregnant Workers’ Fairness Act applies to employers with 15 or more employees goes into effect on October 1, 2017

Current Protections for Pregnant Employees

Under Nevada’s current law, pregnancy is considered a protected class and it is unlawful for an employer to discriminate against a pregnant employee because of her pregnancy. In addition, employers are required to provide pregnant employees the same benefits provided to other employees due to sickness or disability related to a medical condition.

Expanded Protections

Under the Nevada Pregnant Workers’ Fairness Act, it an unlawful employment practice to:

  • Refuse to provide a reasonable accommodation to a female employee or applicant for a condition relating to pregnancy, childbirth or a related medical condition.
  • Take adverse action against, or deny an employment opportunity to, an otherwise qualified female employee or applicant due to a request for, or use of, a reasonable accommodation.

A “condition relating to pregnancy, childbirth or a related medical condition” includes a “physical or mental condition intrinsic to pregnancy or childbirth” — specifically including lactation and the need to express milk for a nursing child

A “related medical condition” includes “any medically recognized physical or mental condition related to the pregnancy, childbirth or recovery” — specifically including mastitis or other lactation-related medical condition, gestational diabetes, pregnancy-induced hypertension, preeclampsia, post-partum depression, and the loss or end of pregnancy and the subsequent recovery.

In addition, when a female employee or applicant “requests an accommodation” for a protected condition employers are required to engage in a “good faith and interactive process” with the employee to determine an effective and reasonable accommodation.  During this interactive process, an employer is permitted to require the employee to provide a statement from the employee’s physician concerning the specific accommodation recommended.

Examples of some possible reasonable accommodations include:

  • modifying equipment,
  • revising break schedules,
  • providing space other than restrooms for the expressing of milk
  • assistance with manual labor (if manual labor is incidental to the employee’s primary work duties),
  • light duty,
  • temporary transfer to less strenuous or hazardous positions
  • restructuring the position
  • providing a modified work schedule and/or
  • leave of absence (however an employer cannot require an employee to take leave from employment if there is a reasonable accommodation that would allow the employee to continue to work).

Employers are not, however, required to create a new position or discharge or transfer any employee with more seniority unless the employer has or would take similar action to accommodate other classes of employees.

Exemptions from Nevada Pregnant Workers’ Fairness Act

Employers who are contractors licensed under Chapter 624 of the Nevada Revised Statutes are exempt from some of the Nevada Pregnant Workers’ Fairness Act’s requirements. These employers are:

  • Not required to provide a place other than a restroom to express milk if the employee is performing work at a construction job site that is located more than three miles from its regular place of business and
  • Exempt from the prohibitions against requiring an employee whose work duties include manual labor to accept an accommodation or take leave from employment

Notice Requirements

Nevada employers are required to provide employees with notice of their rights under the new law in two separate times:

  • to new employees at the start of employment;
  • within 10 days after the employee notifies her immediate supervisor that she is pregnant

In addition, employers are required to post notice of these rights in a conspicuous place at its place of business.

The notice must tell employees that they have the right to be free from discriminatory or unlawful employment practices pursuant to the Nevada Pregnant Workers’ Fairness Act and must also include a statement that a female employee has the right to a reasonable accommodation for a condition relating to pregnancy, childbirth or related medical condition.

The notice provisions of the Act went into effect on June 2, 2017.

Recommendations for Nevada Employers

It is recommended that Nevada employers review the new law and verify that their practices relating to pregnant employees are compliant with the Act. In addition, all Nevada employers should provide all employees with notice of their rights under Nevada Pregnant Workers’ Fairness Act. The Nevada Equal Rights Commission has not yet prepared a sample notice/poster for employers to use and recommends that employers develop their own. Please contact an HR Professional to get a copy of a sample notice and poster.

Good News for Nevada Employers — No Increased Minimum Wage for 2017

The Nevada Labor Commissioner recently released its annual minimum wage and daily overtime bulletins — providing good news for all Nevada employers.  There will be no increase to Nevada’s minimum wage in July of 2017 and Nevada’s daily overtime rules remain unchanged.

What does this mean for Nevada employers?

Minimum Wage

For Nevada employers who make “qualified health benefits” available to their employees, minimum wage remains at $7.25 per hour.

Minimum wage for all other employees (i.e. those employees to whom “qualified health benefits” have not been made available) is $8.25.

Daily Overtime

For Nevada employers who make “qualified health benefits” available to their employees, daily overtime must be at 1 1/2 times the employee’s regular rate of pay if the employee is paid less than $10.875 per hour.

All other employees must be paid daily overtime if they are paid less than $12.375 per hour.

In both cases, daily overtime is paid at the employee’s regular rate of pay when the employee works more than 8 hours in a workday.

Impact of Nevada’s New Recreational Marijuana Law on Employers

Nevada’s Initiative to Regulate and Tax Marijuana is the newly passed recreational marijuana law in Nevada, which was approved by voters in the 2016 election. This law decriminalizes recreational marijuana use in the state of Maine.

The law legalizes the non-medical use and possess up to 1 ounce of cannabis, or one-eighth of an ounce of cannabis concentrate for those 21 and older. In addition, marijuana retail will be able to sell marijuana once the state rulemaking process is completed.

The portion of the new law relating to marijuana use and possession goes into effect on January 1, 2017.

The impact on employers?

The new law does not change an employer’s ability to have policies prohibiting the use of marijuana by employee and applicants. The new law also does not require employers to permit or accommodate the use of marijuana in the workplace, or prevent employers from complying with state or federal law.

As a result, Nevada employers are still permitted to prohibit employees from smoking pot in the workplace and/or from coming to work under the influence of marijuana. In addition, pre-employment drug testing and reasonable suspicion drug testing for marijuana use remain lawful. However, employers should remember that current drug tests only flag whether THC (the active ingredient in marijuana) is present in the individual’s system and does not determine the level of a tested individual’s impairment. This means that an individual can test positive for marijuana without being “high.” It is recommended that employers train frontline supervisors and managers will need to be more vigilant about documenting independent indications of impairment in the workplace such as unusual sleepiness, slowed perception and motor skills, and red eyes.