Even as temperatures cool, Nevada’s Division of Industrial Relations (DIR) was working to adopt a heat illness regulation. On November 15, 2024, the State
Articles Discussing General Topics In Nevada Labor & Employment Law.
Nevada Heat Illness Prevention Regulation Approved
The Nevada Division of Industrial Relations (DIR), the principal regulatory agency responsible for workplace safety and worker protections in the state of Nevada, recently adopted a heat illness prevention regulation to protect workers in indoor and outdoor places of employment from heat hazards. The development of a heat-specific regulatory framework
The Heat Is On: Nevada OSHA’s Proposed Heat Illness Prevention Regulation
The Nevada Occupational Safety and Health Administration (Nevada OSHA) seeks to implement a new regulation aimed at preventing heat-related illnesses and ensuring the well-being of workers in the state. While this regulation did not pass during the 2023 legislative session, it may still be brought during a special session. Nevada
Nevada’s Governor Signs Health Data Privacy Act
On June 16, 2023, Nevada’s Governor signed Senate Bill (SB) 370, which enacts certain protections for consumer health data.
The law is similar to Washington’s My Health, My Data Act, which was passed in April. The Future of Privacy Forum prepared a useful chart comparing the Washington and Nevada laws.
Nevada Ends Public Accommodations COVID-19 Paid Leave
The requirement for covered public accommodations facilities in Nevada’s Clark and Washoe Counties to provide paid time off for employees experiencing COVID-19 symptoms or who have been exposed to COVID-19 expired May 17, 2023. The requirement ended when Governor Joe Lombardo signed Senate Bill No. 441 (SB 441), which
Nevada OSHA’s New Increased Penalties and Targeted Inspections
The Nevada Occupational Safety and Health Administration recently announced an increase in penalties for workplace safety violations, as well as a renewed focus on specific industries for inspections. The new measures are aimed at improving workplace safety and reducing accidents in the state.
Nevada Supreme Court Allows Employees to Sue Employers for Failure to Accommodate Medical Marijuana Use, Rejects Possible Related Claims
Resolving prior uncertainty as to whether Nevada law provides workplace protections to employees who use medical cannabis away from work, the Nevada Supreme Court has decided that NRS 678C.850(3), a statute in the NRS Chapter on the Medical Use of Cannabis, provides employees with a private right of action
Nevada Gaming Commission Adopts Cybersecurity Regulations
On December 22, 2022, the Nevada Gaming Commission (NGC) adopted regulations creating new cybersecurity requirements for certain gaming operators. This action joins agencies in other jurisdictions moving quickly to protect consumers and their personal information in the gaming industry. The NGC adopted the October 17, 2022 version of the regulations,
The Gilded Wage? Nevada Voters Eliminate Two-Tier Minimum Wage System
Nevada voters passed a $12.00 per hour minimum wage to take effect July 1, 2024. The ballot initiative will eliminate Nevada’s unique two-tier minimum wage system that had differentiating wages for whether the employer offered health insurance or not.
Nevada Supreme Court Affirms Termination for Off-Duty Recreational Marijuana Use
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
Nevada Court Rejects Claim That Off-Duty Marijuana Use Is “Lawful” Because It Still Is Illegal Under Federal 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.
Four Wage and Hour Takeaways for Employers Following Recent Nevada Supreme Court Decision
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.
Nevada High Court Rules Recreational Marijuana Is Not ‘Lawful Off-Duty Conduct’
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.
Beat the Heat: Nevada’s Response to OSHA’S Heat Illness National Emphasis Program Focuses on Prevention and Inspections
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 OSHA Targets Hospitality Industry
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