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Total Articles: 10

Nevada Employer Pays $3.5 Million To Settle “100-Percent Healed” Claim

Slots chain employer Dotty’s recently agreed to pay $3.5 million to settle litigation alleging its “100-percent-healed” policy discriminates against disabled workers. The June 5 settlement and consent decree entered in the federal court case of EEOC v. Nevada Restaurant Services Inc. is just the most recent victory in the EEOC’s campaign to target employer “maximum-leave” and “100-percent-healed” policies.

Nevada Supreme Court Rejects an Interpretation of ‘Health Insurance’ that Would Nullify State Wage System

In the last of a series of decisions reached by the Nevada Supreme Court interpreting the Minimum Wage Amendment (“MWA”) to the Nevada Constitution, the Court concluded that an employer may pay the lower of the state’s two-tier minimum wage “if the employer offers health insurance at a cost to the employer of the equivalent of at least an additional dollar per hour in wages, and at a cost to the employee of no more than 10 percent of the employee’s gross taxable income from the employer.” MDC Restaurants, LLC, et al. v. Eighth Judicial District Court, 134 Nev. Adv. Op. 41, 2018 Nev. LEXIS 42 (May 31, 2018).

Nevada Supreme Court Determines Definition of Health Insurance for Nevada’s Minimum Wage Laws

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 regarding the Nevada Constitution’s Minimum Wage Amendment, Nev. Cost. art. XV § 16 (“MWA” or the “Amendment”). Specifically, the court was asked to clarify what constitutes “health benefits” for purposes of paying Nevada’s lower-tier minimum wage. The court answered that question by determining, based on “common sense,” that “the MWA requires an employer who pays one dollar per hour less in wages to provide a benefit in the form of health insurance at least equivalent to the one dollar per hour in wages that the employee would otherwise receive.”

Nevada Employers Prepare to Provide Leave for Domestic Violence Victims

In the new year, Nevada employers will be required to provide workplace protections for employees who are victims of domestic violence. Nevada Senate Bill 361, which was signed into law by Governor Brian Sandoval over the summer, will become effective on January 1, 2018. This law modifies Chapter 608 of the Nevada Revised Statutes to require employers to provide leave to an employee “who has been employed by an employer for at least 90 days and who is a victim of an act which constitutes domestic violence.” Specifically, an eligible employee is entitled to 160 hours of leave (which may be taken in a block or intermittently) during a 12-month period following the date on which the domestic violence occurs. The leave allowed under this law may be paid or unpaid.

Sued by an ADA Serial Litigant in Nevada? Help May Be On the Way!

On August 8, 2017, the Nevada attorney general moved to intervene in an action brought by Americans with Disabilities Act (ADA) serial litigant Kevin Zimmerman and to consolidate it with the more than 150 other pending Zimmerman actions in the U.S. District Court for the District of Nevada. The attorney general cited the state’s “strong interest in protecting the public interest from malicious or premature lawsuits that threaten Nevada businesses [sic] owners and adversely impact Nevada’s general economy.”

Expecting A Big Change: Nevada’s New Pregnant Workers’ Fairness Act

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), and is also strongly influenced by the American with Disabilities Act (ADA). It applies to employers in the state with 15 or more employees, as well as to state and local governments. Although many portions of the Act are not effective until October 1, 2017, the notice provisions took effect on June 2. If you are not yet familiar with this new law, the time to educate yourself is now.

What You Need To Know About Nevada’s New Domestic Violence Victims’ Law

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 to leave above and beyond what may already be owed to them under the federal Family and Medical Leave Act (FMLA). Employers should begin preparing for this change to the law, revising policies, practices, and training sessions to reflect the change.

Nevada Follows Trend By Passing Strict New Wage Disclosure Law

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 legal consequences if they prevent employees from discussing their wages. Under the National Labor Relations Act (NLRA), employers cannot discriminate against non-supervisory employees when they discuss their wages as part of a “concerted activity,” regardless of whether they are unionized. Similarly, in 2014, the Obama administration issued an executive order prohibiting discrimination from federal contractors against employees or applicants who inquire about, discuss, or disclose their wages.

Nevada Changes The Game On Non-Compete Agreements

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 employers should draft their provisions and preventing employers from restricting former employees from providing services to customers or clients. If you use a non-compete agreement in Nevada, it is critical to review that agreement and determine if revisions are necessary.

Get To Know New Nursing Mothers’ Law For Nevada Workers

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 express breast milk, Nevada has taken things a step further. The state just enacted a broad new nursing mothers law for all public and private employers, other than the Department of Corrections, certain small employers, and certain licensed contractors.