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Total Articles: 10

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.

The Nevada Pregnant Workers’ Fairness Act Official Notice Is Here

The Nevada Equal Rights Commission has published its official notice for the new Nevada Pregnant Workers’ Fairness Act. As you likely know by now, Nevada employers with at least 15 employees must immediately post this notice in the workplace in a conspicuous place (e.g., where other legal employee notices are currently posted). The notice is available on the Nevada Department of Employment, Training and Rehabilitation’s website.

Nevada Issues Official Notice for Pregnant Workers’ Fairness Act for Immediate Posting

The Nevada Equal Rights Commission has issued an official Notice for the Nevada Pregnant Workers’ Fairness Act.

Nevada Mandates Employer Provided Leave and Accommodations for Victims of Domestic Violence

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 Sandoval on March 8, 2017. Senate Bill 361, designated simply as an Act relating to domestic violence, becomes fully effective January 1, 2018.

New Law Brings Changes to Nevada’s Non-Compete Law

Over the last year, Nevada’s non-compete law has undergone a number of changes. The latest is a new law setting forth a new standard by which non-compete agreements are to be evaluated.