Articles Discussing General Topics In Nevada Labor & Employment Law.

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.

Amendments to Nevada’s non-compete statute, NRS 613.195, will ban non-compete agreements with hourly workers and limit employers’ ability to sue to enforce certain customer servicing restrictions. The new law also will extend the required judicial “blue pencil” process to actions brought by employees challenging non-compete covenants.

On May 25, 2021, Governor Steve Sisolak signed Assembly Bill 47, revising the law regarding noncompetition covenants in Nevada.

On December 31, 2020, the Nevada Supreme Court issued an opinion addressing and clarifying several issues relating to the power of the court to reform or modify an unreasonable noncompetition agreement often referred to as blue penciling.

On August 11, 2020, Nevada Governor Sisolak signed Senate Bill No.

On August 11, 2020, Nevada Governor Sisolak signed Senate Bill No.

An increase in the number of scams involving false unemployment benefits claims are emerging in Nevada and across the country. Third parties are filing claims for unemployment insurance benefits using the names and personal information of employees who have not lost their jobs. They are often using accurate personal information,

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.

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.

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.

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.

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.

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.

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