What Employers Need to Know About Nevada’s “Hands-Free” Cell Phone Law
In 2011, Nevada joined the growing number of states that prohibit the use of cell phones while driving, unless the driver uses a “hands-free” device, by passing Senate Bill 140. Beginning January 1, 2012, Nevada drivers can be ticketed for violating this law.
New Nevada Law Bans Cell Phone Use While Driving
Nevada’s new cell phone law (SB 140) prohibits a person from manually typing or entering text into a cell phone or similar device, and from sending or reading data using a cell phone or other device, while operating a motor vehicle. The law also prohibits the use of cell phones for voice communication unless the phone is used with an accessory that allows for hands-free use. Global positioning systems (GPS) are not covered.
New Nevada Law Limits Cell Phone Use While Driving
Nevada has now joined the ranks of several other states that limit cell phone usage while driving. The new law, effective October 1, 2011, but not to be enforced until January 1, 2012, generally makes it unlawful to talk or text on a cell phone while driving without the use of a hands-free device. Here are the details.
Nevada Adds Gender Identity to Categories Protected from Employment Discrimination— July 2011
Effective October 1, 2011, Nevada law will be amended to prohibit discrimination based on gender identity or expression of a person. The amendments, enacted through Assembly Bill 211 ("AB 211"), are primarily intended to extend protections and prohibit discrimination against transgender employees. The bill adds protections against discrimination based on gender identity and expression to Nevada's existing employment non-discrimination laws.
Wage and Hour Update: Nevada Recognizes Creative Professional Exemption – No Change in State Minimum Wage.
On June 1, 2011, Governor Brian Sandoval approved SB 328, which adds another exemption from overtime requirements by expanding the definition of “professional” to include individuals employed in creative arts. This new exemption follows closely on the heels of the Nevada Labor Commissioner’s determination that Nevada’s minimum wage will not increase on July 1, 2011. Both developments are summarized below.
Nevada’s Ban on Discrimination Based on Gender Identity to Take Effect October 1
A new Nevada law prohibits employers in the state from discriminating against their employees based on “gender identity or expression.” While state law already prohibits employment discrimination based on an individual’s color, race, sex, religion, age, disability, national origin, and sexual orientation, the new law expands protection to gender identity or expression. “Gender identity or expression” is defined as “gender-related identity, appearance, expression or behavior of a person, regardless of the person’s assigned sex at birth.”
Gender Identity and Expression Anti-Discrimination Law
On May 24, 2011, Nevada Governor Brian Sandoval signed into law Assembly Bill 211, which amends Nevada law and provides for protection from discrimination in employment based upon the gender identity or expression of a person. The bill defines "gender identity or expression" as "a gender-related identity, appearance, expression or behavior of a person, regardless of the person's assigned sex at birth." Specifically, the bill states, in part, that it is an unlawful employment practice for an employer "[t]o fail or refuse to hire, or to discharge any person, or otherwise discriminate against any person with respect to the person's compensation, terms, conditions, or privileges of employment, because of his or her...gender identity or expression
New Nevada Minimum Wage(s) Take Effect July 1, 2010
On July 1, 2010, the minimum wages set by the Nevada State Labor Commissioner for Nevada's two-tiered minimum wage system will increase. Currently, the state's minimum wage is either $6.55 ($7.25 under federal law) or $7.55 per hour, depending on whether an employer offers qualified health benefits to its employees.
Nevada Minimum Wage, Daily Overtime to Increase on July 1.
On July 1, 2010, the minimum wage in Nevada goes up. If an employee is offered employee qualifying health insurance, as defined in the Nevada Administrative Code, the minimum wage as of July 1, 2010 is $7.25 per hour. Employees who are not offered qualified health insurance will be entitled to a minimum wage of $8.25 per hour.
Nevada Rejects Wrongful Discharge Action by Employee Seeking to Unionize Workers.
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 Nevadas at-will employment rule.
