Perhaps lost in the shuffle of a string of blockbuster Supreme Court decisions was a June 27 ruling that will undermine the National Labor Relations Board’s attempts to impose financial penalties on employers – though it...more
It’s not only the temperature that is rising for another scorching Nevada summer but changes in the minimum wage that are guaranteed to create some additional heat this year. Effective July 1, Nevada employers will be...more
An impending Supreme Court decision is poised to transform how the National Labor Relations Board decides cases and may fundamentally alter the course of labor relations as we know it. We predict that a SCOTUS decision to be...more
2/23/2024
/ Administrative Authority ,
Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Article II ,
Constitutional Challenges ,
Labor Relations ,
NLRB ,
Non-Delegation Doctrine ,
Popular ,
Right to a Jury ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Seventh Amendment
Adopting the mantra “Stay Home for Nevada,” Governor Steve Sisolak has announced enhanced COVID-19 Risk Mitigation measures, including the closure of non-essential public-facing businesses in Nevada for at least 30 days,...more
3/19/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Food Service Workers ,
Health and Safety ,
Hospitality Industry ,
Infectious Diseases ,
Layoffs ,
Paid Time Off (PTO) ,
Public Health ,
Restaurant Industry ,
Retailers ,
Workplace Safety
It is never good to put off dealing with a problem employee. Whether it is misconduct, poor performance, or simply an attitude that impairs your team’s ability to work together well, the time to act is now. Waiting to act...more
6/17/2019
/ Best Practices ,
Employee Misconduct ,
Hiring & Firing ,
Hospitality Industry ,
Labor Relations ,
Leadership ,
Protected Activity ,
Retaliation ,
Risk Mitigation ,
Supervisors ,
Unfair Labor Practices ,
Unions
Most are familiar with Bill Murray’s classic comedy, “Groundhog Day,” in which egotistical weatherman Phil Connors repeatedly re-lives the date of February 2, 1993. At first, Connors relishes replicating the same events each...more
3/2/2018
/ 401k ,
Collective Bargaining ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Contributions ,
Employee Retention ,
Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Mobile Apps ,
NLRA ,
Payday Loans ,
Software Developers ,
Unions ,
Unpaid Wages ,
Wage and Hour ,
Wage Deductions
The state legislature recently enacted the Nevada Pregnant Workers’ Fairness Act (NPWFA) to expand the scope of protection for employees and applicants. The NPWFA is based on the federal Pregnancy Discrimination Act (PDA),...more
7/25/2017
/ Americans with Disabilities Act (ADA) ,
Breastfeeding ,
Interactive Process ,
New Legislation ,
Notice Requirements ,
PDA ,
Pregnancy Discrimination ,
Pregnant Workers Fairness Act ,
Reasonable Accommodation ,
Rest and Meal Break ,
State and Local Government ,
State Labor Laws ,
Undue Hardship
Although the federal Fair Labor Standards Act (FLSA) already protects nursing mothers from employment discrimination and retaliation while requiring employers to provide them with reasonable break time and a private space to...more
The Nevada Supreme Court has long recognized the legality of non-compete agreements between employers and employees. Recently, however, the Nevada state legislature updated the rules on non-compete agreements, specifying how...more
Many legitimate reasons exist to explain differences in compensation within a company, such as job qualifications and prior experience. Although employers may wish to maintain the privacy of this information, they could face...more
By the turn of the New Year, employers in Nevada will have an obligation to provide workplace protections to domestic violence victims, including time off from work. Starting January 1, 2018, Nevada employees will be entitled...more
It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. June 2017 was no different, with...more
7/7/2017
/ Administrative Interpretation ,
Advocate Health Care v Stapleton ,
Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Benefit Plan Sponsors ,
Church Plans ,
Class Action ,
Class Certification ,
Corporate Counsel ,
Department of Labor (DOL) ,
Discrimination ,
Electronic Records ,
Employee Retirement Income Security Act (ERISA) ,
Fair Labor Standards Act (FLSA) ,
Harassment ,
Hiring & Firing ,
Independent Contractors ,
Interlocutory Appeals ,
Joint Employers ,
Medical Marijuana ,
Microsoft v Baker ,
Minimum Salary ,
Misclassification ,
New Legislation ,
NLRB ,
Opinion Letter ,
OSHA ,
Over-Time ,
Popular ,
Public Accommodation ,
Recordkeeping Requirements ,
Religious Accommodation ,
Religious Discrimination ,
SCOTUS ,
Title III ,
Travel Ban ,
Trump v Hawaii ,
Trump v International Refugee Assistance Project ,
Uber ,
Unfair Labor Practices ,
Website Accessibility ,
White-Collar Exemptions
The U.S. Court of Appeals for the District of Columbia rejected the chance yesterday to revive long-held precedent which for many years had protected employer witness statements from disclosure to unions before an arbitration...more
6/8/2017
/ American Baptist ,
Appeals ,
Arbitration ,
Confidential Employer Investigations ,
Confidentiality Agreements ,
Corporate Counsel ,
Disclosure Requirements ,
Internal Investigations ,
NLRB ,
Retaliation ,
Standing ,
Unions ,
Witness Statements ,
Workplace Investigations
In recent years, a number of hotels both in the United States and abroad have increasingly outsourced certain departments. Housekeeping, valet parking, and some or all aspects of food service are frequently selected as...more
6/7/2017
/ Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Hospitality Industry ,
Hotels ,
Joint Employers ,
National Origin Discrimination ,
NLRA ,
NLRB ,
Outsourcing ,
Restaurant Industry ,
Risk Mitigation ,
Seasonal Employment ,
Staffing Agencies ,
Unions ,
Wage and Hour