Nevada Laws – Employment Law
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Blog Post 34 2021 to post August 23, 2021
The legislature was busy in their 2021 session expanding employee rights and creating legislation to prevent discriminatory practices in Nevada. Our legislature enacted laws to prevent employers from reviewing past pay history to determine current pay in an attempt to eliminate age old practices of gender discrimination in the workplace. There has long been a disparity between men and women in the workplace by woman earning on average of $.82 for every dollar earned by men. Our Nevada legislature enacted Senate Bill 293 to prevent this continued practice from going forward.
In addition, our legislature forced employers to give paid leave for employees to get vaccinations or care for sick loved ones during this Covid crisis. Our legislature also protected Nevada workers by approving Senate Bill 386 which required employers in the gaming and hospitality industry in our state to rehire laid off workers who were laid off by the pandemic to their old jobs through the end of August 2022. This Bill in direct response to the Covid crisis. These bills put our state on the forefront of protecting our workers and attempting to put an end to gender discrimination in the workplace. The following Bills were passed in the area of employment law.
Employment
Senate Bill 209: This bill allows employees to use paid leave for any purpose which includes giving care to their loved ones to address their health needs as well as taking time off for their Covid shot. This bill was in direct response to the national crisis and is required to be posted in all places of business for employees by the Office of Labor Commission for the state of Nevada. This bill amends NRS 608.0197 subsection(2)(b) to require an employer to allow in employee to use paid leave for any use including without limitation:
- The treatment of mental or physical illness, injury, or health condition:
- receiving a medical diagnosis or medical care:
- receiving or participating in preventive care;
- To participating in caregiving: or
- Addressing other personal needs related to the health of the employee.
This bill creates a new section of chapter NRS 608 which specifically requires, that in addition to paid leave provided pursuant to NRS 608.0197, that every public employer and private employer shall provide two or four hours as determined of paid leave to each employee for the purpose of the employee to receive a vaccination for COVID-19.
The bill specifically provides that each employee who is going to receive a vaccination for COVID-19 be allowed paid time to receive the vaccine. The Bill requires that they be allowed to take two hours consecutive of paid leave to receive the vaccination. It further requires that for employees receiving the vaccine in two separate doses, that they be permitted to take two hours of consecutive paid leave twice, for total paid leave four hours in order to receive the vaccinations. The new law requires the employee must provide the employer 12 hours’ notice of when they intend to use this paid leave to receive the vaccination. This law specifically prevents the employer from denying the employee the right to use this paid leave and it also goes further in that it prevents the employer from requiring the employee to find a replacement worker as a condition of using this paid leave to receive the vaccination.
In addition, it prevents the employer from taking any retaliatory or adverse action against the employee for using this paid leave to receive the vaccination. The bill defines retaliatory action as discharging or firing employee, penalizing the employee in any fashion, deducting the paid leave from the employees’ wages or in any way retaliating against the employee for using these two or four hours of paid leave to receive the Covid vaccine. The bill specifically exempts employers who provide a clinic on their premises where employees may receive the vaccine during their regular working hours. Many of the larger employers in the state of Nevada have set up places on site such as the large hotel and casinos for employees to be vaccinated at the workplace. The bill specifically requires the Labor Commission to prepare a bulletin to set forth these rules and regulations to be posted on the Labor Commissions website. The bill also states that employers must post the bulletin in a conspicuous place in each workplace maintained by the employer for the employees to see the bulletin. The bill goes on to require the employer to maintain a record of the paid leave for each employee for up to one year.
The bill exempts new businesses in their first two years of operation from this requirement of paid leave. The Nevada legislature was very in tune with the needs of our community and dedicated protecting our citizens and our workers and allowing by them to receive the vaccine. Most employees in our state cannot afford to lose more time from work then this pandemic has already caused.
Effective immediately.
Labor Commission Bulletin: https://labor.nv.gov/uploadedFiles/labornvgov/content/Employer/SB%20209%20Required%20Posting.pdf
Senate Bill 293: Bill 293 bans employers from reviewing a prospective employees prior salary information to set a salary for a current position. This bill is a direct attempt to close the pay gap between the genders in the state of Nevada. I commend our progressive and astute legislature for the attempts that they have made to eliminate so many past discriminatory processes in all areas of Nevada law. Historically, an employer’s reliance on salary history when hiring new employees is a textbook example of institutional bias. It has been a common practice over the years for an employer to ask a prospective employee about their prior salary history and set their salary accordingly. This may seem innocuous on its face; however, it has extraordinary consequences in systematically discriminating against women and workers of minority status. This is because traditionally, the pay gap has been significant, and women and minorities have been paid less. By continuing to allow employers to determine salaries moving forward by past salaries, it is obvious and clear that this past practice simply continues and the gender gap in pay also continues.
The gender gap in pay had narrowed over some time but unfortunately, this progress has stalled for the past decade leaving a sizable disparity in pay between genders and minority. The most recent data available from a 2019 study found that women working year-round full-time jobs earned on average $.82 for every dollar earned by their male counterparts. The gaps were significantly wider for most women of color sadly. Compared with white non-Hispanic men, black women earned $.63 for every dollar earned by their white male counterparts. The gap is even higher for American Indian and native Alaskan women earning only $.60 on the dollar and female Latino Americans earning only $.55 on the dollar compared to their white male counterparts. There are many complex and interrelated factors that drive the gender wage gap which include the long-standing gender inequality and biases towards women.
Whether consciously or not, many employers often rely on prior salary history on in pay negotiations. This practice has systematically forged the way for ongoing gender discrimination in the workplace. This bill is groundbreaking attempt to stop this practice in our state.
Effective October 1, 2021.
https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7896/Text
Senate Bill 386: This Bill requires employers in the hospitality, hotel, casino, and travel sectors to rehire the workers that they had laid off if their positions become available. Certain conditions did attach to this bill. This is a lengthy bill that was clearly well thought out by the state legislature. The bill allows for aggrieved employees to bring action in civil litigation or through the labor commission but establishes requirements which must be met for a grieved employee to file the complaint. This bill imposes certain requirements and duties on employers in rehiring laid off workers to their previous positions. This link is to the complete provisions. If you are a worker that has been laid off but not rehired by your previous employer which is re-opened, I urge you to take a look at the provisions put in place by the legislature at the link below
https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/8080/Text
Effective July 1, 2021, through end of COVID-19 emergency or August 31, 2022, whichever is later.
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