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State Employment Law Articles
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'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. Report Link Union-Supported Petition Initiative in Nevada Would Prohibit Employer Required Tip Sharing.Littler Mendelson, P.C. - February 08, 2008 On January 16, 2008, a Las Vegas-based union campaigning to organize dealers in Nevada filed an initiative petition with the Nevada Secretary of State seeking to reverse a decade-old state law permitting employers to institute tip-pooling arrangements among all employees involved in the provision of service to customers. The petition filed by the International Union of Gaming Employees (IUGE) needs at least 58,628 signatures by November 11, 2008, in order to go to the 2009 legislature. If the petition has the necessary signatures by November 11th but does not pass in the legislature in 2009, it will then be placed on the 2010 ballot for voters to decide. Report Link How The New Minimum Wage Affects Nevada Employers (pdf).Fisher & Phillips, LLP - June 14, 2007 On July 1, 2007, the Nevada minimum wage will increase to
$5.30 per hour or $6.33 per hour (depending on whether the
employer provides qualified health insurance benefits). On
July 24, 2007, the federal minimum wage will increase to $5.85 per hour.
This Alert addresses the legal and practical issues Nevada
employers need to consider because of these upcoming increases,
including whether you are paying the appropriate minimum wage and
complying with Nevada’s daily overtime law. Report Link The Nevada Constitutional Minimum Wage.Littler Mendelson, P.C. - November 17, 2006 On November 7, 2006, the voters of six states passed ballot initiatives to raise the state minimum wage above the current federal minimum wage of $5.15 an hour. These states include Arizona, Colorado, Ohio, Missouri, Montana and Nevada. The Nevada initiative, entitled "Raise the Minimum Wage for Working Nevadans Act," was presented as an amendment to the Nevada Constitution and listed on the ballot as Question 6. Report Link New Nevada Minimum Wage Also Affects Daily Overtime Pay Requirement.Jackson Lewis LLP - November 14, 2006 On Election Day 2006, voters in Nevada approved an increase in the state's minimum wage, effective November 28, 2006, from $5.15 per hour to $6.15 per hour for employers who do not provide a qualified health insurance plan. Employers providing a qualified health insurance plan (defined as one providing coverage for employees and their dependents with a cost to the employee not exceeding 10% of the employee's gross taxable income) can continue to pay the $5.15 hourly rate. See, “Voters in Six States Approve Initiatives Increasing Minimum Wage.
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