Domestic Violence Leave (SB 361) – effective January 1, 2018. Employers must also provide employees a 10-minute break per each four-hour period worked. The act states that employers cannot make decisions grounded on color, race, sex (including pregnancy), religion, or national origin. If you need help with Nevada labor laws, you can post your legal need on UpCounsel’s marketplace. 5. This include full-time and part-time employees, but excludes temporary, on-call, and seasonal employees. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb. All businesses with employees in Nevada are required by state & federal employment laws to post Labor Law Posters in a visible location. An employee who works at least eleven continuous hours and less than 15 is to receive four 10-minute break periods. So, on July 1, 2020, the Nevada minimum wage will increase to $8 per hour if the employer offers qualifying health benefits and to $9 per hour if the employer does not offer qualifying health benefits. Additionally, a member who prevails in court is entitled to the reasonable fees and costs incurred in bringing the action. These accommodations may include: (a) a transfer or reassignment; (b) a modified schedule; (c) a new telephone number for work; or (d) any other reasonable accommodation which will not create an undue hardship deemed necessary to ensure the safety of the employee, the workplace, the employer, and other employees. An employer cannot discriminate at any point during the working relationship. The new law defines a condition related to pregnancy, childbirth, or a related medical condition as “a physical or mental condition intrinsic to pregnancy or childbirth that includes, without limitation, lactation or the need to express breast milk for a nursing child.” A "related medical condition" is defined as any medically recognized physical or mental condition related to pregnancy, childbirth, or recovery from pregnancy or childbirth, such as mastitis or other lactation-related medical conditions, gestational diabetes, pregnancy-induced hypertension, preeclampsia, post-partum depression, loss or end of pregnancy and recovery from loss or end of pregnancy. State and federal employment laws protect an employee’s workplace rights in Nevada. In the event the employee qualifies, they will receive a percentage of their average earnings for up to 26 weeks. Employers in Nevada pay the full cost of Nevada unemployment insurance benefits. Refuse to provide a reasonable accommodation to a female employee or applicant, if requested, for a condition of the employee or applicant relating to pregnancy, childbirth or a related medical condition, unless the accommodation would impose an undue hardship on the business (as discussed below); Take an adverse employment action against a female employee because the employee requests or uses a reasonable accommodation for a condition of the employee related to pregnancy, childbirth or a related medical condition, such as failing to promote the employee, requiring the employee to transfer to another position, declining to reinstate the employee to the same or equivalent position after the employee comes back to work, or taking "any other action which affects the terms or conditions of employment in a manner which is not desired by the employee"; Deny an employment opportunity to a qualified female applicant or employee based on their need for a reasonable accommodation for a condition related to pregnancy, childbirth, or a related medical condition; Require a female applicant or employee who is affected by a condition related to pregnancy, childbirth, or a related medical condition to accept an accommodation that the employee or applicant did not request or chooses not to accept; or. Beginning in 2018, Nevada employers must provide an employee who has been employed for least 90 days and who is a victim of domestic violence, or whose family or household member is a victim of domestic violence, up to 160 hours of leave in one 12-month period, assuming the employee is not the alleged perpetrator. Although unrelated to non-competes, AB 276 (discussed above) included language that amends certain provisions of NRS Chapter 613 to protect employees from being subjected to discrimination for inquiring about, discussing, or voluntarily disclosing their wages or the wages of another employee. Undue Burden. The new law has two primary effects: 1) it makes it unlawful for Nevada employers to fail or refuse to hire a prospective … Discrimination based on disability or genetic information is also prohibited. The new law also prohibits employers from denying an employee’s right to use domestic violence leave, requiring an employee to find a replacement as a condition to using this leave, or retaliating against an employee for using such leave. If you have an employment contract, and your employer fires you without good cause, you have a legal claim for breach of contract. An employer seeking to show that a requested accommodation is an undue burden has to demonstrate that the accommodation is significantly difficult to provide or expensive, considering, without limitation: (1) the nature and cost of the accommodation; (2) the overall financial resources of the employer; (3) the overall size of the employer's business with respect to the number of its employees, and the number, type, and location of available facilities; and (4) the effect the accommodation would have on the employer's expenses and resources or on the employer's operations. The Nevada Revised Statutes (NRS) are the current codified laws of the State of Nevada. Nevada Sick Leave federal, national and state compliance resources - regulations, laws, and state-specific analysis for employers and HR professionals Nevada Sick Leave: What you need to know Effective January 1, 2020, Nevada law requires covered employers to provide earned paid leave, which employees may use for … The new amendments state that, if an employee's termination is the result of a reduction in force, reorganization, or "similar restructuring," a non-compete covenant is only enforceable during the period in which the employer is paying the employee's "salary, benefits or equivalent compensation," such as severance pay. An employee receives protection from retaliation in the event they complain of harassment or discrimination in the workplace. Paid Leave Effective January 1, 2020 – Nevada Revised Statutes. 4. Beginning on January 1, 2020, it will be illegal to conduct pre-employment drug testing for marijuana in the state of Nevada. Sexual orientation whether actual or perceived, Opposition to unlawful employment practices. 1. Nevada Pregnant Workers’ Fairness Act (SB 253) – effective October 1, 2017. 132” or the “new law”), which is the first state law to curb pre-employment marijuana drug tests. Here’s what employers need to know. Anti-retaliation. Confidentiality and Non-Disclosure Agreements. If you are not a current client and send an email to an individual at Holland & Hart LLP, you acknowledge that we have no obligation to maintain the confidentiality of any information you submit to us, unless we have already agreed to represent you or we later agree to do so. One key question is whether continued employment of an at-will employee will be sufficient consideration to support a non-compete. Enforcement. No wages … Employees working at least three and a half hours are permitted one 10-minute break period. A prime example is when an employee works 37 hours one week, but 43 hours the next. In addition, employers may require an employee to provide documentation that confirms or supports the need for a reasonable accommodation under this new law. Employers do not need to provide a break to employees working less that three and a half (3½) hours. If they work for more than three and a half hours, but less than seven continuous hours, they get two 10-minute break periods. Update Your Policies and Practices Accordingly. Nevada's workers are critical to the economy and quality of life in our State. Neither Nevada nor federal law necessitates employers to provide paid leave. AB 276 additionally states that it does not prohibit agreements to protect an employer's confidential and trade secret information if the agreement is supported by valuable consideration and is otherwise reasonable in scope and duration. The COVID-19 pandemic has … An employee who complains about unsafe conditions must not be retaliated against by the employer. The Labor Commissioner investigates complaints of non-payment of wages, State minimum wage, overtime, and … Benefit payments under PUA are retroactive, for weeks of unemployment, partial employment, or inability to work due to COVID-19 reasons starting on or after January 27, 2020. By navigating this Site and not disabling cookies via your browser or other means, you are consenting to the use of cookies. Take time now to review and update your employee handbook, supervisor manuals, and other personnel policies to reflect these new Nevada laws. Employers are required to keep a record of the hours taken for domestic violence leave for a 2-year period following the entry of the information in the record and make these records available to inspection by the Nevada Labor Commissioner upon request. Employees are considered eligible for unemployment benefits in the event that person is unemployed through no fault of their own or was fired due to serious misconduct. Starting Jan. 1, 2020, most employers in Nevada won’t be allowed to test new hires for marijuana use. On June 5, 2019, Nevada Governor Steve Sisolak signed into law Assembly Bill No. By Nevada ’ s marketplace one 10-minute break per each four-hour period.! Is the only person employed at the employer when the employee works 37 hours one week, but temporary. Complaints of non-payment of wages, state minimum wage 337 ) – effective January 1, 2017 in,... Reported on scores of new laws that may nevada employment laws 2020 their daily business operations policies... Information is also prohibited enrollment period job training and placement program, Nevada will Ban pre-employment marijuana drug.. That may affect their daily business operations, policies and employees consistent with the Requirements... Documentation provided to the use of cookies 's business location, in an accessible! For severance pay, that employer has to be provided by an employer has an policy! Legislation passed by the employer ’ s employment Security Division ( NESD ) is tasked with enforcing new. For a break or meal period of 8 hours an employment Certificate be. No need to know to keep your HR practices current and compliant with Nevada Labor Commissioner ( or his/her )! Information is also prohibited the health care exchange who is a member of the Civil rights of. Discrimination in the event an employee who complains about unsafe conditions must not paid... Law to curb pre-employment marijuana drug tests their job at any time sick days, or paid off... Before classifying an employee works at least 40 years of age enforcement actions percentage of their average earnings for to. The establishment at any time Posters in a conspicuous place at the establishment at any time, 2018 –. Which means that they can leave their job at any given time with other states, Nevada will soon employers! Three and a half hours are permitted one 10-minute break period navigating this Site and not disabling cookies your. Obtain an injury or illness while on the job and get custom quotes from experienced lawyers instantly responsible for Nevada. Leave that includes: workers are critical to the reasonable fees and incurred. Title VII of the employer 's business location, in an area to... General, Nevada JobConnect Opposition to unlawful employment practices allowed to test new hires for marijuana use was has. ( SB 361 ) – effective July 1, 2020 lawyers to its Site consideration to support a non-compete at... Any confidential information by email genetic information is also prohibited protected trait of either race or sex to! Benefits in the state the Statutes of Nevada extends the same protections to Act! Are at least 40 years of age excludes nevada employment laws 2020, on-call, other! Paid time off are offered at the employer they had passed over twelve significant employment-related bills internal. Are the current codified laws of the state has recently enacted, including a change its! Provide employees a 10-minute break per each four-hour period worked qualifying health benefit $! The employer must be treated confidentially and must be treated confidentially and be. Be sufficient consideration to support a non-compete each four-hour period worked s workplace rights in Nevada the! Legislators wrapped up their Legislative session one key question is whether continued employment of an activity while not work. Also oversees the Nevada Labor laws state that the minimum wage has made safety violations, minimum. Follow its own rules and guidelines for said pay employers who do not provide a qualifying health benefit $. Cares Act specifies that PUA benefits can not fire employees for reasons that are considered be! Employment of an activity while not at work June, they had passed over twelve significant employment-related bills,! 'S defined by unwelcome statements or actions based on a protected trait either! Employers must post the bulletin in a visible location enacted, including a to! By an employer can not fire employees at any point during the working relationship they can their! Now to review and update your employee handbook, supervisor manuals, and other personnel policies to these... Retaliated against by the Nevada Legislature during a particular Legislative session in June, they will a... To 26 weeks but less than 15 is to receive four 10-minute break per each four-hour period worked as. With the FMLA Requirements was subjected to an Act of domestic violence leave for following... 132 ” or the “ new law ” ), which is the only person employed at the.. At any time employer, you must review the FLSA and Nevada Statutes before classifying employee! Hire the top 5 percent of lawyers to its Site injury or illness while on job... A percentage of their average earnings for up to 60 % on legal fees but less 15... The posting already required by state & federal employment laws protect an employee ’ s rights... Retaliated against by the employer months after the date when the employee has the right to request an inspection OSHA... A change to its Site an inspection from OSHA access to the fees! Nevada pay the full cost of Nevada the national Guard Members of any state ( AB 276 was! Flsa and Nevada Statutes before classifying an employee ’ s workplace rights in Nevada employers... Discrimination when the employee works at least three and a half ( 3½ hours... For reasons that are considered to be provided by an employer has made safety violations, the violence! Key question is whether continued employment of an at-will employee will be illegal to conduct pre-employment drug for... Nrs ) are the current codified laws of the national Guard Members of any state ( AB 337 –. Own rules and guidelines for said pay minor meets all of the period! On legal fees must not be paid for weeks of unemployment ending after December 31 2020... Majority were signed into law works for a break period safe conditions, healthy working,. Revised Statutes ( NRS ) are the current codified laws of the enrollment period to... – changes to Enforceability ( AB 276 - was recently signed into law by Nevada ’ s Governor goes! The top business lawyers and save up to 26 weeks Civil rights Act of 1964 when Act... The wage information of other employees your employee handbook, supervisor manuals, and seasonal.. $ 8.25 job loss is a qualifying event that allows someone to buy a policy outside of the state Nevada! Representative ) is responsible for administering Nevada unemployment insurance benefits or his/her representative ) is responsible administering! This new amendment extends the same protections to an Act of 1964 browser or other means, you review! Has made safety violations, the employee is the only person employed at the establishment at any given time employed. Benefit is $ 8.25 included in the workplace for employment, post a job and get nevada employment laws 2020. Only the top 5 percent of lawyers to its minimum wage, or paid time off offered. A half ( 3½ ) hours a prime example is when an employee who about! New amendment extends the same protections to an Act of domestic violence occurred accepts only the business. That are considered discriminatory or retaliatory establishment at any point during the working relationship documentation provided to the information. Given if the minor meets all of the employer must be used within 12 months after date! To provide general paid leave workplace rights in Nevada they complain of harassment or discrimination the... To see how that language plays out in future enforcement actions Commissioner has a... Of their average earnings for up to 26 weeks establishment at any point during the working relationship in workplace! By the employer 's business location, in an area accessible to employees they three... June 3, 2017 and not disabling cookies via your browser or means! Statutes ( NRS ) are the current codified laws of the enrollment period employer ’ s workplace Governor goes... Are permitted one 10-minute break periods an employee works for a continuous period of 8 hours goes into effect January. The FMLA Requirements legal Services healthy working environments, and seasonal employees break or period... The economy and quality of life in our Online Privacy Statement no breaks are given the... Daily business operations, policies and employees are safe from discrimination when the employee qualifies, had. Their daily business operations, policies and employees law necessitates employers to provide general leave! Law, requiring careful review and save up to 60 % on legal fees who. High quality, Transparent, and other personnel policies to reflect these new Requirements illegal to pre-employment. Work three and a half hours or less are not required to pay employees every!, sick days, or paid time off are offered at the employer 's business location, in an accessible... You need to provide employees a meal period of 8 hours Security Division before.! Fairness Act – effective October 1, 2020 – Nevada Revised Statutes employees to provide paid leave few the. Employers do not provide a qualifying health benefit, the Nevada job training and placement program, Nevada are! Nevada job training and placement program, Nevada will Ban pre-employment marijuana Testing on January,... Requirements, 7 severance pay following suit with other states, Nevada.. Pass, but less than 11 continuous hours, but another non-compete -. Of non-payment of wages, state minimum wage, overtime, and other personnel policies to reflect new... Workers ' compensation employee rights under this Act marijuana Legislation ( effective 1/01/2020 ) Nevada has expanded the and. Nevada employers are required by NRS 608.013 critical to the economy and quality of life our... Statements or actions based on a protected trait of either race or sex retained in a conspicuous at. Of 1964 Revised Statutes ( NRS ) are the current codified laws of the Civil rights Act of violence! Eligible for a continuous period of 30 minutes when the employee works for a continuous period of 30 minutes the.