Ending years of discussion about the scope of state law employment protections for individuals who use marijuana recreationally, the Nevada Supreme Court has upheld a lower court’s decision to dismiss a complaint by an employee who was fired for testing positive for marijuana on a post-accident drug test. In
Articles Discussing General Topics In Nevada Labor & Employment Law.
The Supreme Court of Nevada upheld the dismissal of a lawsuit by an employee who was terminated after testing positive for marijuana on a post-accident drug test. The Court rejected the employee’s claims that his use of marijuana outside of work hours was “lawful use” under state law. Ceballos v.
In a victory for employers in wage and hour class actions, on August 11, 2022, the Nevada Supreme Court affirmed the grant of summary judgment in favor of HG Staffing, LLC and MEI-GSR Holdings, LLC, d/b/a Grand Sierra Resort. In Martel v.
In a decision issued on August 11, 2022, the Nevada Supreme Court declined to recognize recreational marijuana use as a “lawful” activity for purposes of the state’s law providing employment protections for “lawful activities” or “lawful off-duty conduct” outside of work.
Federal OSHA previously announced the creation of the Heat Illness National Emphasis Program (NEP) and signaled its intent to take a more proactive approach to prevent heat related illnesses. Now various states, including Nevada, are moving to adopt their own regulations regarding heat related illnesses. Understanding Nevada’s response to the
Nevada’s Occupational Safety and Health Administration (Nevada OSHA) is performing targeted inspections of Nevada’s hospitality establishments. Even though Nevada OSHA’s “Inspection Targeting Plan and Emphasis Programs” document was last updated in August 2021, the programmed inspections are continuing with local emphasis programs related to hotels (NAICS 721110) and casino-hotels (NAICS
In a recent decision, the Nevada Supreme Court provided guidance on how employers must maintain wage records and inform employees of minimum wage rate adjustments. On December 30, 2021, the Nevada Supreme Court issued a 6-0 en banc opinion in a class action appeal regarding NRS 608.115’s record-keeping requirement and
On May 25, 2021, Nevada Governor Steve Sisolak signed into law Assembly Bill (AB) 47, which amends Nevada’s noncompetition statute, NRS 613.195 and the Nevada Unfair Trade Practices Act. The changes will go into effect on October 1, 2021.
At the conclusion of the Nevada Legislature’s 81st Session, Nevada Governor Steve Sisolak signed several bills into law affecting every point of the employer-employee relationship, from application to termination.
Since 2019, private employers with at least 50 employees have been required in most instances, pursuant to NRS 608.0197, to provide 0.01923 hours of paid leave to their employees for each hour worked.
The Governor of Nevada recently signed into law Senate Bill 386, which is Nevada’s version of the trending “return to work” or “right to recall” laws being passed in other jurisdictions throughout the country in response to the COVID-19 pandemic. These laws typically require that employees who were laid off
In its 81st Session, the Nevada Legislature passed and Governor Sisolak signed into law approximately 140 pieces of new legislation, some of which affect employers. Highlights regarding key Nevada labor and employment laws enacted this legislative session that will soon take effect, or already are in effect, are discussed briefly
Beginning July 1, 2021, under the Nevada Hospitality and Travel Workers Right to Return Act (Senate Bill 386), certain employers in the casino, hospitality, stadium, and travel industries must offer their former employees laid off or furloughed due to the COVID-19 pandemic the opportunity to return to work.
Important amendments to Nevada’s non-compete statute, NRS 613.195, recently were enacted when Nevada Governor Steve Sisolak signed into law Assembly Bill 47. Because A.B. 47 does not have a specified effective date, it will go into effect on October 1, 2021, pursuant to Nevada law.
Ban on Non-Competes for
Following the implementation of mandatory paid leave on January 1, 2020, Nevada has again expanded workers’ leave rights with the enactment of Senate Bill No. 209 (SB 209) and Assembly Bill No.