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Nevada Labor Commissioner Issues Paid Leave Guidance on COVID-19

The Office of the Nevada Labor Commissioner has issued formal guidance regarding employees’ rights to use—and employers’ obligations to provide—mandatory paid leave in light of COVID-19. Specifically, the guidance addresses whether employers may require employees to use any paid leave hours they may have accrued under Nevada's recently enacted paid leave law (Senate Bill No. 312) if they are unable to report for work as a result of a mandatory government quarantine.

Nevada Labor Commissioner Issues Advisory Opinions Clarifying Mandatory PTO Law

The Nevada Labor Commissioner issued two advisory opinions concerning Senate Bill (SB) 312, which, effective January 1, 2020, requires private employers with 50 or more employees in Nevada to provide paid leave that employees can use for any reason. SB 312 left several significant questions unanswered. In the advisory opinions, the Labor Commissioner addresses some of these issues, based on the state labor department's understanding of “the plain and unambiguous language of the bill and the intent of the Legislative Sponsors.” Below we summarize important clarifications the Labor Commissioner’s formal guidance provides.

Nevada Opts Out Before California: A Reminder to Review Website Privacy Statements

The California Consumer Privacy Act takes effect January 1, 2020. Businesses within the scope of the CCPA are taking steps to prepare, including drafting notices to inform California consumers of their right to opt out of the sale of their personal information. However, California will not be the first state to provide a consumer with the right to opt out of the sale of their personal information.

Nothing Ventured, Nothing Gained: New Employment Laws in Nevada

The Nevada Legislature had a busy 80th session in 2019, enacting a vast array of new laws affecting employers. Some highlights of this year’s session are new Nevada laws expanding remedies available for employment discrimination claims, expanding mandatory occupational safety training to employees involved in conventions and trade shows, codifying the definition of “health benefits” under the Minimum Wage Amendment Act, increasing the minimum wage, requiring annual paid leave for employees, redefining disclosure agreements regarding sex discrimination or sexual offenses settlements, and providing legal protections for applicants and employees with positive marijuana test results. This article will briefly discuss additional key labor and employment laws enacted this session that are in effect or will become effective in the State of Nevada.

Nevada Employers Invited to Comment on New Workplace Laws

The Nevada Legislature’s 80th session recently came to a close after a flurry of activity resulted in over 25 new laws affecting employers. Now, the Nevada Labor Commissioner, charged with enacting and/or amending regulations interpreting the new laws (through the Nevada Administrative Code or NAC), is inviting public comments on a few of the newly enacted laws.

Nevada Signs into Law Consumer Privacy Law

The California Consumer Privacy Act (CCPA), which goes into effect January 1, 2020, is considered the most robust state privacy law in the United States. The CCPA seems to have spurred a flood of similar legislative proposals on the state level, and started a shift in the consumer privacy law landscape. Many of these proposals end up dying somewhere along the rigorous legislative process, but in the last few weeks both Maine and Nevada signed into law bills that, although much more narrow than the CCPA, certainly bear resemblance.

Nevada Applicants and New Employees with Positive Marijuana Test Results Will Receive Legal Protections

Beginning January 1, 2020, new legislation in Nevada will require employers to think carefully about whether and which applicants should be tested for marijuana. Under A.B. 132, employers are generally prohibited from withholding a job offer because a candidate tests positive for marijuana use. Marijuana testing limitations will also apply to testing of employees within their first 30 days of employment. As detailed below, the law does not apply to certain types of positions. Nevada employers with current marijuana testing programs, and those considering implementation of marijuana testing, will be faced with a number of strategy and policy decisions as they prepare to comply with the new law.1

Settlement Agreements Cannot Prevent Nevada Employees from Disclosing Workplace Sex Discrimination or Harassment

Under a new Nevada law, effective July 1, 2019, employers that settle certain allegations involving sex discrimination or sexual offenses will not be able to bar the claimant from talking about the existence of the settlement, or the facts and circumstances giving rise to the claim.

The Competition over Revising and Enforcing Noncompete Agreements in Nevada

The Nevada Legislature and Nevada Supreme Court have not always seen eye-to-eye in the interpretation of noncompetition covenants. Historically, the two bodies have parried back and forth in trying to decide where Nevada will draw the line in enforcing restrictive covenants.1 In many cases, the Nevada Supreme Court opted for a strict stance and invalidated noncompetition agreements the court viewed as overly broad. In response, the Nevada legislature pushed back with a mandate that the court should broadly modify, or “blue-pencil,” these agreements to make them enforceable. Despite these efforts, this conflict and the overall discretionary nature of injunctive relief enforcement continue to create challenges in drafting strongly reliable noncompetition agreements in Nevada.

Nevada’s Continued Efforts to Increase the Minimum Wage

In 2006, Nevada’s Constitution was amended to establish a two-tier minimum wage system dependent upon whether an employer provides “health benefits” to its employees.
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