During the last legislative session, the Nevada Legislature made several efforts to increase the state minimum wage. One such effort was Assembly Joint Resolution No. 10 of the 80th Legislative Session (AJR 10). If...more
Utah’s medical cannabis program officially launched this month, and the Utah State Legislature timely enacted Senate Bill 121, which amends and clarifies various provisions of Utah’s medical cannabis laws, including a...more
3/12/2020
/ Amended Legislation ,
Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Decriminalization of Marijuana ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Policies ,
Marijuana ,
Medical Marijuana ,
Policies and Procedures ,
Privately Held Corporations ,
Publicly-Traded Companies ,
Reasonable Accommodation ,
State and Local Government ,
State Labor Laws
Under a new Nevada law, effective July 1, 2019, employers that settle certain allegations involving sex discrimination or sexual offenses will not be able to bar the claimant from talking about the existence of the...more
6/20/2019
/ #MeToo ,
Confidentiality Agreements ,
Contract Terms ,
Corporate Culture ,
Employee Misconduct ,
Employer Liability Issues ,
Hostile Environment ,
New Legislation ,
Settlement Agreements ,
Sex Discrimination ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws
In 2006, Nevada’s Constitution was amended to establish a two-tier minimum wage system dependent upon whether an employer provides “health benefits” to its employees. This amendment, Section 16 of Article 15, is often...more
Nevada Governor Steve Sisolak has announced his intent to sign Senate Bill No. 312, which will require, for the first time, that Nevada private-sector employers provide employees with up to 40 hours of paid leave per benefit...more
On May 21, 2019, Nevada Governor Steve Sisolak signed a bill that seeks to clarify what type of health benefits an employer must provide in order to pay its employees the lower-tier minimum wage under the Minimum Wage...more
In 2009, Nevada implemented mandatory safety training for employees performing work on construction sites. In 2017, Nevada expanded that mandatory safety training to include employees involved in the presentation or...more
5/29/2019
/ Construction Accidents ,
Construction Project ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
New Legislation ,
OSHA ,
Personal Protective Equipment ,
Safety Training ,
State and Local Government ,
State Labor Laws ,
Trade Shows ,
Workplace Hazards ,
Workplace Safety
The Nevada Legislature recently passed Senate Bill No. 177, which greatly expands the remedies available under Nevada’s anti-discrimination statute and provides other significant changes to the administrative process before...more
On May 31, 2018, the Nevada Supreme Court issued a unanimous decision in MDC Restaurants, LLC v. The Eighth Judicial Dist. Court, 134 Nev. Op. 41 (May 31, 2018), addressing arguably the most hotly contested issue of law...more
6/6/2018
/ Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Employer Liability Issues ,
Employment Litigation ,
Health Insurance ,
Healthcare ,
Minimum Wage ,
NV Supreme Court ,
Preemption ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
On September 6, 2017, the Ninth Circuit Court of Appeals declined to accord deference to the U.S. Department of Labor's (DOL) interpretation of its "dual jobs" regulation. The court reasoned that the interpretation, as...more
The 2017 Nevada Legislature saw a flurry of proposed legislation directly and indirectly affecting private employment in the state of Nevada. One of the proposed measures is Senate Bill 361 which was approved by Governor...more
On May 25, 2017, the Nevada Labor Commissioner posted an Advisory Opinion stating that the fluctuating work week method (FWW) may be used to compensate certain nonexempt employees. The Advisory Opinion stated the FWW method...more
Nevada first included sex as a protected category in 1967. That year, the legislature passed Assembly Bill No. 7, which included for the first time sex discrimination as an unlawful employment practice. Twenty-one years...more
On March 16, 2017, the Nevada Supreme Court issued yet another 6-0 en banc decision regarding the Nevada Constitution’s oft-litigated Minimum Wage Amendment, Nev. Cost. art. XV § 16 (“MWA” or the “Amendment”). The issues...more
On October 27, 2016, the Nevada Supreme Court issued two separate 6-0 en banc decisions settling hotly contested issues of law regarding the Nevada Constitution’s Minimum Wage Amendment, Nev. Cost. art. XV § 16 (“MWA”). ...more
On February 23, 2016, the U.S. Court of Appeals for the Ninth Circuit in a 2-1 panel decision upheld the U.S. Department of Labor’s (DOL) 2011 revisions to 29 C.F.R. § 531.52 applying tip-pooling restrictions to employers...more
In Terry v. Sapphire Gentlemen’s Club, 336 P.3d 951 (Nev. Oct. 30, 2014), the Nevada Supreme Court adopted the Fair Labor Standard Act (FLSA)’s “economic realities” test to determine whether workers can be classified as...more
Employers across the country are breathing a sigh of relief following the December 9, 2014 unanimous ruling of the U.S. Supreme Court that time spent by warehouse workers waiting for and undergoing antitheft security...more