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State Employment Law Articles
Article Index » nevada: 10 Most Recent Articles Report Link Nevada Rejects Wrongful Discharge Action by Employee Seeking to Unionize Workers.Jackson Lewis LLP - October 30, 2009 Affirming summary judgment in favor of the employer, the Nevada Supreme Court has declined to recognize a cause of action for wrongful discharge asserted by an employee seeking to organize his fellow workers. Ozawa v. Vision Airlines Inc., Nos. 49435 & 49660 (Nev. Oct. 1, 2009). Because the employee had an alternate remedy under the federal Railway Labor Act (“RLA”), the Court declined to recognize a new exception to Nevada’s at-will employment rule. Report Link Nevada Expands Leave Rights For Employees Attending School Activities.Fisher & Phillips, LLP - October 27, 2009 August 15, 2009 marked the effective date for a new law, which dramatically expands leave rights for those parents who choose to participate in school-related activities of their children. Report Link Personal Information Encryption Mandated for Entities Doing Business in Nevada.Jackson Lewis LLP - August 25, 2009 Amendments to Nevada’s 2005 data security law set to take effect on January 1, 2010, will prohibit entities doing business in the state from: Transferring any personal information through an electronic, non-voice transmission, other than a facsimile, to a person outside of the secure system of the entity, unless the entity uses encryption to ensure the security of the electronic transmission; or Moving any data storage device containing personal information beyond the logical or physical controls of the entity or its data storage contractor, unless the entity uses encryption to ensure the security of the information. Report Link Nevada Expands Employee Leave Entitlements.Jackson Lewis LLP - July 24, 2009 The Nevada law pertaining to parental leave for school-related activities has been amended to broaden the protections afforded parents, guardians and custodians of school-age children who attend certain school-related activities. Effective August 15, 2009, under amended Nevada Revised Statute 392.920, employers with at least 50 employees must give each employee who is a parent, guardian or custodian of a child in a public or private school up to four hours of leave each school year for each child. Report Link Nevada Expands Parental Leave for Employees Attending School-Related Activities.Littler Mendelson, P.C. - June 10, 2009 On May 28, 2009, Governor Jim Gibbons signed into law AB 243 expanding the leave entitlements of employees for attending or participating in school activities of their children. AB 243 expands leave in two significant ways. First, AB 243 extends the current protections of Nevada Revised Statutes section 392.920 to the parents, guardians and custodians of children enrolled in private as well as public schools. Second, AB 243 requires employers of 50 or more employees to grant employees up to 4 hours of unpaid leave per school year for each child enrolled in school, to attend certain school-related activities. AB 243 becomes effective August 15, 2009. Report Link New Nevada Minimum Wage(s) Take Effect July 1.Fisher & Phillips, LLP - April 07, 2009 On April 1, 2009, the Nevada State Labor Commissioner issued his annual wage bulletins that outline increases in Nevada's two-tiered minimum wage rates. Currently, the state's minimum wage is either $5.85 or $6.85 per hour, depending on whether an employer offers qualified health benefits to its employees, but these will increase this summer. Coupled with a scheduled increase in the federal minimum wage, the situation is potentially confusing. Report Link Nevada Supreme Court Dismisses Casino Workers' Tip Pooling Claims; Affirms Employer Discretion.Jackson Lewis LLP - November 25, 2008 In an important case that reaffirms an employer’s right to make unilateral changes to the terms and conditions of employment for at-will employees, the Nevada Supreme Court has reaffirmed judgment in favor of a Las Vegas casino on its workers’ tip pooling claims. The Court held that employees could not pursue a private lawsuit to enforce Nevada’s labor laws. The Court also rejected the plaintiffs’ breach of contract claims relating to their employer’s changes to its tip-pooling policy. It found that the plaintiffs, as at-will employees, had no enforceable contract rights in future distributions of their tips. Report Link Nevada Supreme Court Rules Two Employment Agreements May Constitute Single Contract (pdf).Jackson Lewis LLP - October 20, 2008 In a case of first impression, Nevada’s highest court
has ruled that two employment agreements can
be considered together, even if one purports to be
“complete,” so as to bind a former employee of both
a parent company and its subsidiary to an arbitrator’s
decision in favor of the parent company even
though only her employment agreement with the subsidiary contained a mandatory arbitration
provision. Report Link Nevada Supreme Court Rules Two Employment Agreements Constitute Single Contract.Jackson Lewis LLP - June 03, 2008 Two employment agreements can be considered together even if one purports to be “complete,” Nevada’s Supreme Court has held in a case of first impression. Accordingly, a former employee of both a parent company and its subsidiary was bound by an arbitrator’s decision in favor of the parent company even though only her employment agreement with the subsidiary contained a mandatory arbitration provision. Report Link Nevada's Minimum Wage Increase.Jackson Lewis LLP - April 23, 2008 On July 1, 2008, Nevada’s two-tiered minimum wage will increase to $5.85 per hour for employees to whom qualifying health benefits have been made available by their employers (tier-1), and to $6.85 per hour for all other employees (tier-2). These increases are the results of the annual adjustment required by the Nevada Constitution.
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November 12, 2009 Fisher & Phillips |
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