nevada labor laws on travel

[Rev. 1/25/2023 3:42:49 PM--2022R1]

CHAPTER 613 - EMPLOYMENT PRACTICES

SOLICITATION OF EMPLOYEES BY MISREPRESENTATION

NRS 613.010 Influencing, persuading or engaging worker to change from one place to another by false representations; penalty; damages.

NRS 613.020 Fraudulent representations by employment agent or broker: Penalty.

NRS 613.030 False representations or pretenses concerning employer’s ability to pay wages: Penalty.

POLITICAL AFFILIATIONS

NRS 613.040 Rule or regulation preventing political activity unlawful.

NRS 613.050 Penalty; duty of Attorney General.

NRS 613.060 Responsibility for acts of managers, officers, agents and employees.

NRS 613.070 Recovery of damages by employee.

RECORDS REGARDING EMPLOYEES

NRS 613.075 Inspection by person who is subject of records; provision of copies upon request; cost of copies; person permitted to submit written explanation in response to information in records and to challenge accuracy; limitations.

MISCELLANEOUS PROVISIONS

NRS 613.080 Involuntary servitude prohibited; wages; penalty.

NRS 613.090 Obtaining employment by false or forged letter of recommendation or union card: Penalty.

NRS 613.100 Endangering life or property by breaking employment contract: Penalty.

NRS 613.110 Grafting by employee: Penalty.

NRS 613.120 Unlawful to demand or receive fee or commission as condition to giving or continuing employment to worker; penalty.

NRS 613.125 Effect of employer’s failure to make agreed payments to health or welfare fund; penalty.

NRS 613.130 Unlawful agreements concerning membership in labor organizations as condition of obtaining or continuing employment; penalty.

NRS 613.132 Unlawful act of employer for failing or refusing to hire prospective employee based on screening test which indicates presence of marijuana; exceptions; additional screening test to rebut results of initial test.

NRS 613.133 Prohibited acts relating to wage or salary history of applicant for employment; wage or salary information required to be provided to applicant or employee; unlawful employment practices; complaint with Labor Commissioner; penalties; recovery of costs of proceeding.

NRS 613.134 Issuance of right-to-sue notice by Labor Commissioner for unlawful employment practice relating to wage or salary history.

NRS 613.135 Unlawful acts of employer relating to social media account of employee or prospective employee.

NRS 613.140 Employer compelling or inducing employee to trade at particular store or board at particular boardinghouse: Penalty.

NRS 613.150 Transportation company compelling purchase of uniform from particular person or employer as condition of continuing employment unlawful; penalty.

NRS 613.155 Notification to employer of employee’s sickness or injury and inability to work; requirement of physical presence at workplace to give notice prohibited; penalties.

NRS 613.160 Spotters: Right of employee to be confronted with accuser; penalty.

NRS 613.170 Time checks: Discounts and deductions unlawful.

NRS 613.180 Hospital fees: Unlawful collection from employee.

NRS 613.190 Corrupt influencing of employee unlawful.

NRS 613.195 Noncompetition covenants: Limitations; enforceability; revision by court; award to prevailing party.

NRS 613.200 Prevention of employment of person who has been discharged or who terminates employment unlawful; criminal and administrative penalties; exception.

NRS 613.210 Blacklists unlawful; recommendations and statements to be provided employee by employer.

NRS 613.220 Assembling and cooperation of employees to secure increases in wages unrestricted.

NRS 613.222 Employer required to make reasonable accommodations for employee who is victim of domestic violence; employer may require supporting documentation.

NRS 613.223 Unlawful for employer to take certain actions against employee for reasons related to domestic violence.

NRS 613.224 Employer’s authority to enforce statutory health and safety requirements notwithstanding antidiscrimination protections relating to hair texture and protective hairstyles.

NRS 613.225 Labor Commissioner to adopt regulations to establish certain procedures required by 42 U.S.C. § 607(f).

RIGHT TO WORK

NRS 613.230 “Labor organization” defined.

NRS 613.250 Agreements prohibiting employment because of nonmembership in labor organization prohibited.

NRS 613.260 Certain contracts declared illegal and void.

NRS 613.270 Compelling person to join labor organization or to strike against own will or to leave employment prohibited.

NRS 613.280 Conspiracy.

NRS 613.290 Liability for damages.

NRS 613.300 Injunctive relief.

EQUAL OPPORTUNITIES FOR EMPLOYMENT

General Provisions

NRS 613.310 Definitions.

NRS 613.320 Applicability.

NRS 613.325 Authority of Nevada Equal Rights Commission to adopt regulations relating to federal statutes.

NRS 613.330 Unlawful employment practices: Discrimination on basis of race, color, religion, sex, sexual orientation, gender identity or expression, age, disability, national origin or discussion of wages; interference with aid or appliance for disability; refusal to permit service animal at place of employment; consideration of criminal history without following required procedure.

NRS 613.333 Unlawful employment practices: Discrimination for lawful use of any product outside premises of employer which does not adversely affect job performance or safety of other employees.

NRS 613.340 Unlawful employment practices: Discrimination for opposing unlawful practice or assisting investigation; printing or publication of material indicating prohibited discrimination.

NRS 613.345 Unlawful employment practices: Requiring or encouraging current or prospective employees and members of labor organizations to submit to genetic test; denying or altering employment or membership in labor organization based on genetic information.

NRS 613.350 Lawful employment practices.

NRS 613.370 National security.

NRS 613.380 Consideration of seniority, quantity or quality of production and other tests of ability permitted.

NRS 613.385 Preferential treatment in hiring veteran or spouse of veteran permitted.

NRS 613.390 Inapplicability to employment by certain businesses on or near Indian reservation.

NRS 613.400 Preferential treatment of certain persons on account of imbalance in existing number or percentage of those persons employed not required.

NRS 613.405 Complaints concerning unlawful employment practices filed with Nevada Equal Rights Commission.

NRS 613.412 Complaint alleging unlawful discriminatory practice: Issuance of right-to-sue notice by Nevada Equal Rights Commission.

NRS 613.420 Nevada Equal Rights Commission to issue letter and right-to-sue notice after unfavorable decision by Commission; civil action in district court for order to restore rights.

NRS 613.430 Limitation on actions.

NRS 613.432 Unlawful employment practices: Relief.

NRS 613.435 Expedited appeal for certain actions.

Nevada Pregnant Workers’ Fairness Act

NRS 613.4353 Short title.

NRS 613.4356 Definitions.

NRS 613.4359 “Condition of the applicant relating to pregnancy, childbirth or a related medical condition” defined.

NRS 613.4362 “Reasonable accommodation” defined.

NRS 613.4365 “Related medical condition” defined.

NRS 613.4368 Legislative findings and declaration.

NRS 613.4371 Reasonable accommodation requested by female employee or provided to a female applicant for employment.

NRS 613.4374 Employer must prove undue hardship for refusal to provide reasonable accommodation.

NRS 613.4377 Employer to provide and post notice of right to freedom from discriminatory or unlawful employment practices.

NRS 613.438 Unlawful employment practices: Adverse employment actions relating to accommodations for conditions relating to pregnancy, childbirth or related medical conditions; exceptions; employer may require statement from physician; other provisions of law unimpaired.

NRS 613.4383 Unlawful employment practices: Refusal to grant leave to female employee for condition relating to pregnancy, childbirth or related medical condition.

USE OF LIE DETECTORS

NRS 613.440 Definitions.

NRS 613.450 Provisions inapplicable to State and its political subdivisions.

NRS 613.460 Adoption of regulations; notice of statutory provisions.

NRS 613.470 Waiver of rights and procedures void; exception.

NRS 613.480 Unlawful acts of employer.

NRS 613.490 Liability of employer to employee; attorney’s fees and costs.

NRS 613.500 Administrative penalties; penalties are cumulative; injunctive relief.

NRS 613.510 Exemptions from provisions.

USE OF CONSUMER CREDIT REPORT OR OTHER CREDIT INFORMATION

NRS 613.520 Definitions.

NRS 613.530 “Consumer credit report” defined.

NRS 613.540 “Consumer reporting agency” defined.

NRS 613.550 “Credit information” defined.

NRS 613.560 “Employer” defined.

NRS 613.570 Unlawful acts of employer relating to consumer credit report or other credit information of employee or prospective employee.

NRS 613.580 Exceptions.

NRS 613.590 Liability of employer for violation; statute of limitations; attorney’s fees and costs.

NRS 613.600 Administrative penalties, penalties are cumulative; injunctive relief.

DOMESTIC WORKERS’ BILL OF RIGHTS

NRS 613.610 Short title.

NRS 613.620 Legislative declaration; wages and benefits not limited; regulations.

RELOCATION OF CALL CENTERS

NRS 613.700 Definitions.

NRS 613.710 “Call center” defined.

NRS 613.720 “Employer” defined.

NRS 613.750 Relocation to foreign country: Required notice to Labor Commissioner and employees; ineligibility for economic development incentive; waiver.

NRS 613.760 Failure of employer to provide required notice of relocation: Imposition of penalties and requirement that employer conduct study under certain circumstances.

NRS 613.770 Restrictions on construction relating to certain payments, compensation and benefits for employees of call center.

NRS 613.780 Regulations.

NEVADA HOSPITALITY AND TRAVEL WORKERS RIGHT TO RETURN ACT

NRS 613.800 Short title. [Effective through August 31, 2022.]

NRS 613.802 Legislative findings. [Effective through August 31, 2022.]

NRS 613.804 Purpose; scope. [Effective through August 31, 2022.]

NRS 613.806 Definitions. [Effective through August 31, 2022.]

NRS 613.808 “Airport” defined. [Effective through August 31, 2022.]

NRS 613.810 “Airport hospitality operation” defined. [Effective through August 31, 2022.]

NRS 613.812 “Airport service provider” defined. [Effective through August 31, 2022.]

NRS 613.814 “Business entity” defined. [Effective through August 31, 2022.]

NRS 613.816 “Casino” defined. [Effective through August 31, 2022.]

NRS 613.818 “Covered enterprise” defined. [Effective through August 31, 2022.]

NRS 613.820 “Employee” defined. [Effective through August 31, 2022.]

NRS 613.822 “Employer” defined. [Effective through August 31, 2022.]

NRS 613.824 “Event center” defined. [Effective through August 31, 2022.]

NRS 613.826 “Hotel” defined. [Effective through August 31, 2022.]

NRS 613.828 “Laid-off employee” defined. [Effective through August 31, 2022.]

NRS 613.830 “Length of service” defined. [Effective through August 31, 2022.]

NRS 613.832 “Resort hotel” defined. [Effective through August 31, 2022.]

NRS 613.834 “Restricted license” and “restricted operation” defined. [Effective through August 31, 2022.]

NRS 613.836 “Structured parking facility” defined. [Effective through August 31, 2022.]

NRS 613.838 Employer required to provide written notice of layoff; timing; language; contents. [Effective through August 31, 2022.]

NRS 613.840 Employer required to retain records relating to laid-off employee. [Effective through August 31, 2022.]

NRS 613.842 Employer required to offer available position to laid-off employee; order of preference; simultaneous conditional offers; time for employee to accept or decline; written notice of decision not to recall employee; exceptions. [Effective through August 31, 2022.]

NRS 613.844 Adverse action by employer prohibited. [Effective through August 31, 2022.]

NRS 613.846 Enforcement through Labor Commissioner or civil action; requirements; rebuttable presumption of violation by employer; awards; penalties; no criminal penalties for violation. [Effective through August 31, 2022.]

NRS 613.848 Applicability to employers. [Effective through August 31, 2022.]

NRS 613.850 Applicability to employees. [Effective through August 31, 2022.]

NRS 613.852 Construction. [Effective through August 31, 2022.]

NRS 613.854 Invalidity; legislative declaration; reformation. [Effective through August 31, 2022.]

NRS 613.010 Influencing, persuading or engaging worker to change from one place to another by false representations; penalty; damages.

1. It shall be unlawful for any person, persons, company, corporation, society, association or organization of any kind doing business in this state by himself, herself, itself, themselves, his, her, its or their agents or attorneys to induce, influence, persuade or engage workers to change from one place to another in this state, or to bring workers of any class or calling into this state to work in any of the departments of labor in this state, through means of false or deceptive representations, false advertising or false pretenses concerning:

(a) The kind and character of the work to be done;

(b) The amount and character of the compensation to be paid for such work;

(d) The existence or nonexistence of a strike or other trouble pending between the employer and employees at the time of or prior to such engagement, proposal or contract for such employment of workers.

2. Any person, persons, company, corporation, society, association or organization of any kind doing business in this state, as well as his, her, their or its agents, attorneys, servants or associates, violating any of the provisions of subsection 1 is guilty of a gross misdemeanor.

3. Any worker of this state or any worker of another state who has been or shall be influenced, induced or persuaded to engage with any person mentioned in subsection 1, or any company, corporation, society or organization mentioned in subsection 1, through or by means of any of the things therein prohibited, shall have a cause of action for recovery and may recover at law for all damages that the worker shall have sustained in consequence of the false or deceptive representations, false advertising or false pretenses used to induce the worker to change his or her place of employment, or place of abode in case such worker shall not be then employed at the time of such inducement and hiring, against any person or persons, corporations, companies or associations directly or indirectly causing such damages. In any action under this section for the recovery of such damages, the court shall have the power to award a reasonable attorney’s fee in favor of the prevailing party, which fee shall be taxed as costs against the losing party therein.

[1:154:1911; RL § 1936; NCL § 2772] + [2:154:1911; RL § 1937; NCL § 2773] + [3:154:1911; RL § 1938; NCL § 2774]—(NRS A 1967, 631 )

NRS 613.020 Fraudulent representations by employment agent or broker: Penalty. Every employment agent or broker who, with intent to influence the action of any person thereby, shall misstate or misrepresent verbally or in any writing or advertisement any material matter relating to the demand for labor, the conditions under which any labor or service is to be performed, the duration thereof or the wages to be paid therefor, shall be guilty of a misdemeanor.

[1911 C&P § 520; RL § 6785; NCL § 10466]

NRS 613.030 False representations or pretenses concerning employer’s ability to pay wages: Penalty. Any person, persons, partnership, association, company or corporation, or his, her or its officers, directors or agents, who or which shall employ for wages any person or persons in any occupation, and who or which at the time of employing such person or persons shall make any false representation or pretenses as to having sufficient funds to pay such wages, and who after labor has been done under such employment by the employee or employees shall fail upon the discharge or resignation of such employee or employees, for a period of 5 days after such wages are legally payable, to pay the employee or employees on demand the wages due the employee or employees for such labor, shall be guilty of a misdemeanor.

[1:276:1913; 1919 RL p. 3390; NCL § 10601]—(NRS A 1967, 632 )

NRS 613.040 Rule or regulation preventing political activity unlawful. It shall be unlawful for any person, firm or corporation doing business or employing labor in the State of Nevada to make any rule or regulation prohibiting or preventing any employee from engaging in politics or becoming a candidate for any public office in this state.

[1:62:1915; 1919 RL p. 3391; NCL § 10602]

NRS 613.050 Penalty; duty of Attorney General.

1. Any person, firm or corporation convicted of violating the provisions of NRS 613.040 to 613.070 , inclusive, shall be punished by a fine of not more than $5,000.

2. The penalty must be recovered in a suit brought for that purpose by the Attorney General in the name of and for the benefit of the State of Nevada, but the prosecution must not be commenced later than 3 months after the commission of the offense described in NRS 613.040 .

3. If a penalty is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the Attorney General.

[Part 2:62:1915; 1919 RL p. 3391; NCL § 10603]—(NRS A 1967, 632 ; 1993, 900 )

NRS 613.060 Responsibility for acts of managers, officers, agents and employees. In all prosecutions under NRS 613.040 to 613.070 , inclusive, the person, firm or corporation violating the provisions of NRS 613.040 to 613.070 , inclusive, shall be held responsible for the acts of his, her or its managers, officers, agents and employees.

[Part 2:62:1915; 1919 RL p. 3391; NCL § 10603]

NRS 613.070 Recovery of damages by employee. Nothing contained in NRS 613.040 to 613.060 , inclusive, shall be construed to prevent the injured employee from recovering damages from his or her employer for injury suffered through a violation of NRS 613.040 to 613.060 , inclusive.

[3:62:1915; 1919 RL p. 3391; NCL § 10604]

1. Any person or governmental entity who employs and has under his or her direction and control any person for wages or under a contract of hire, or any labor organization referring a person to an employer for employment, shall, upon the request of that employee or person referred:

(a) Give the employee or person referred a reasonable opportunity, during the usual hours of business, to inspect any records kept by that employer or labor organization containing information used:

(1) By the employer or labor organization to determine the qualifications of that employee and any disciplinary action taken against the employee, including termination from that employment; or

(2) By the labor organization with respect to that person’s position on its list concerning past, present and future referrals for employment; and

(b) Furnish the employee or person referred with a copy of those records.

Ê The records to be made available do not include confidential reports from previous employers or investigative agencies, other confidential investigative files concerning the employee or person referred or information concerning the investigation, arrest or conviction of that person for a violation of any law.

2. An employer or labor organization shall allow an employee or person referred to submit a reasonable written explanation in direct response to any written entry in the records of employment regarding the employee or person. Any such written explanation must be reasonable in length, in a format prescribed by the employer and maintained by the employer or labor organization in the records of employment.

3. An employer or labor organization shall not maintain a secret record of employment regarding an employee or person referred.

4. Upon termination of employment, an employer shall allow an employee to inspect the employee’s records of employment within 60 days after his or her termination of employment and shall, if requested by that former employee within that period, furnish the former employee with a copy of those records.

5. An employer or labor organization may only charge an employee or person referred an amount equal to the actual cost of providing access to and copies of his or her records of employment.

6. The employee or person referred shall, if the employee or person contends that any information contained in the records is inaccurate or incomplete, notify his or her employer or the labor organization in writing of that contention. If the employer or labor organization finds that the contention of that employee or person is correct, it shall change the information accordingly.

7. No copies may be furnished to an employee or former employee under this section unless the employee or former employee has been or was employed for more than 60 days.

(Added to NRS by 1985, 1080 ; A 1997, 1024 )

NRS 613.080 Involuntary servitude prohibited; wages; penalty.

1. The immigration to this State of all slaves and other people bound by contract to involuntary servitude for a term of years is hereby prohibited.

2. It is unlawful for any company, person or persons to collect the wages or compensation for the labor of the persons described in subsection 1.

3. It is unlawful for any corporation, company, person or persons to pay to any owner or agent of the owner of any such persons mentioned in subsection 1 any wages or compensation for the labor of such slaves or persons so bound by the contract to involuntary servitude.

4. Unless a greater penalty is provided in NRS 200.463 , 200.4631 , 200.464 or 200.468 , a violation of any of the provisions of this section is a gross misdemeanor.

[1:99:1879; BH § 4764; C § 4856; RL § 6847; NCL § 10607] + [2:99:1879; BH § 4765; C § 4857; RL § 6848; NCL § 10608] + [3:99:1879; BH § 4766; C § 4858; RL § 6849; NCL § 10609] + [4:99:1879; BH § 4767; C § 4859; RL § 6850; NCL § 10610]—(NRS A 1967, 632 ; 2005, 91 ; 2007, 1271 ; 2013, 1859 )

NRS 613.090 Obtaining employment by false or forged letter of recommendation or union card: Penalty. Every person who obtains employment by color or aid of any false or forged letter, certificate of recommendation or union card is guilty of a misdemeanor.

[Part 1911 C&P § 522; RL § 6787; NCL § 10468]—(NRS A 1977, 311 )

NRS 613.100 Endangering life or property by breaking employment contract: Penalty. Every person who shall willfully and maliciously, either alone or in combination with others, break a contract of service or employment, knowing or having reasonable cause to believe that the consequence of his or her so doing will be to endanger human life or to cause grievous bodily injury or to expose valuable property to destruction or serious injury, shall be guilty of a misdemeanor.

[1911 C&P § 323; RL § 6588; NCL § 10271]

NRS 613.110 Grafting by employee: Penalty. Every agent, employee or servant of any person or corporation who shall ask or receive, directly or indirectly, any compensation, gratuity or reward, or any promise thereof, upon any agreement or understanding that he or she shall act in any particular manner in connection with his or her principal’s, employer’s or master’s business, or who, being authorized to purchase or contract for materials, supplies or other articles or to employ servants or labor for his or her principal, employer or master, shall ask or receive, directly or indirectly, for himself, herself or another, a commission, percentage, discount, bonus or promise thereof from any person with whom he or she may deal in relation to such matters, shall be guilty of a gross misdemeanor.

[Part 1911 C&P § 521; RL § 6786; NCL § 10467]

NRS 613.120 Unlawful to demand or receive fee or commission as condition to giving or continuing employment to worker; penalty.

1. It shall be unlawful for any manager, superintendent, officer, agent, servant, foreman, shift boss or other employee of any person or corporation, charged or entrusted with the employment of any workers or laborers, or with the continuance of workers or laborers in employment, to demand or receive, either directly or indirectly, from any worker or laborer, employed through his or her agency or worked or continued in employment under his or her direction or control, any fee, commission or gratuity of any kind or nature as the price or condition of the employment of any such worker or laborer, or as the price or condition of his or her continuance in such employment.

2. Any such manager, superintendent, officer, agent, servant, foreman, shift boss or other employee of any person or corporation, charged or entrusted with the employment of laborers or workers for his or her principal, or under whose direction or control such workers and laborers are engaged in work and labor for such principal, who shall demand or receive, either directly or indirectly, any fee, commission or gratuity of any kind or nature from any worker or laborer employed by him or her or through his or her agency or worked under his or her direction and control, either as the price and condition of the employment of such worker or laborer or as the price and condition of the continuance of such worker or laborer in such employment, shall be guilty of a misdemeanor.

[1:51:1915; 1919 RL p. 3392; NCL § 10605]—(NRS A 1967, 632 )

NRS 613.125 Effect of employer’s failure to make agreed payments to health or welfare fund; penalty.

1. Whenever an employer has agreed with any employee to make payments to a health or welfare fund or other such plan for the benefit of the employees, or has entered into a collective bargaining agreement providing for such payments, it shall be unlawful for such employer willfully or with intent to defraud to fail to make the payments required by the terms of any such agreement.

2. Any employer who violates any provision of this section shall be guilty of a misdemeanor.

(Added to NRS by 1957, 174 )

NRS 613.130 Unlawful agreements concerning membership in labor organizations as condition of obtaining or continuing employment; penalty.

1. As used in this section, “labor organization” means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.

2. It shall be unlawful for any person, firm or corporation to make or enter into any agreement, either oral or in writing, by the terms of which any employee of such person, firm or corporation, or any person about to enter the employ of such person, firm or corporation, as a condition for continuing or obtaining such employment, shall be required not to become or continue a member of any labor organization, or shall be required to become or continue a member of any labor organization.

3. Any person or persons, firm or firms, corporation or corporations violating the provisions of this section shall be guilty of a misdemeanor.

[1911 C&P § 527; A 1951, 111 ] + [1911 C&P § 528; RL § 6793; NCL § 10474]—(NRS A 1967, 633 )

1. It is unlawful for any employer in this State to fail or refuse to hire a prospective employee because the prospective employee submitted to a screening test and the results of the screening test indicate the presence of marijuana.

2. The provisions of subsection 1 do not apply if the prospective employee is applying for a position:

(a) As a firefighter, as defined in NRS 450B.071 ;

(b) As an emergency medical technician, as defined in NRS 450B.065 ;

(c) That requires an employee to operate a motor vehicle and for which federal or state law requires the employee to submit to screening tests; or

(d) That, in the determination of the employer, could adversely affect the safety of others.

3. If an employer requires an employee to submit to a screening test within the first 30 days of employment, the employee shall have the right to submit to an additional screening test, at his or her own expense, to rebut the results of the initial screening test. The employer shall accept and give appropriate consideration to the results of such a screening test.

4. The provisions of this section do not apply:

(a) To the extent that they are inconsistent or otherwise in conflict with the provisions of an employment contract or collective bargaining agreement.

(b) To the extent that they are inconsistent or otherwise in conflict with the provisions of federal law.

5. As used in this section, “screening test” means a test of a person’s blood, urine, hair or saliva to detect the general presence of a controlled substance or any other drug.

(Added to NRS by 2019, 2625 )

1. An employer or an employment agency shall not, orally or in writing, personally or through an agent:

(a) Seek the wage or salary history of an applicant for employment;

(b) Rely on the wage or salary history of an applicant to determine:

(1) Whether to offer employment to an applicant; or

(2) The rate of pay for the applicant; or

(c) Refuse to interview, hire, promote or employ an applicant, or discriminate or retaliate against an applicant if the applicant does not provide wage or salary history.

2. An employer or an employment agency, as applicable, shall provide:

(a) To an applicant for employment who has completed an interview for a position, the wage or salary range or rate for the position; and

(b) The wage or salary range or rate for a promotion or transfer to a new position if an employee has:

(1) Applied for the promotion or transfer;

(2) Completed an interview for the promotion or transfer or been offered the promotion or transfer; and

(3) Requested the wage or salary range or rate for the promotion or transfer.

3. Nothing in this section prohibits an employer or employment agency from asking an applicant for employment about his or her wage or salary expectation for the position for which the applicant is applying.

4. It is an unlawful employment practice for:

(a) An employer or an employment agency to violate any provision of this section; and

(b) The governing body of a county, incorporated city or unincorporated town or an appointing authority governed by the provisions of chapter 284 of NRS to violate any provision of NRS 245.0465 , 268.4067 , 269.084 or 284.286 , as applicable.

5. A person may file with the Labor Commissioner a complaint against an employer or employment agency, as applicable, for engaging in an unlawful employment practice specified in subsection 4.

6. In addition to any other remedy or penalty, the Labor Commissioner may impose against any employer or employment agency or any agent or representative thereof that is found to have violated any provision of this section an administrative penalty of not more than $5,000 for each such violation.

7. If an administrative penalty is imposed pursuant to this section, the costs of the proceeding, including, without limitation, investigative costs and attorney’s fees, may be recovered by the Labor Commissioner.

8. As used in this section:

(a) “Employer” means a public or private employer in this State, including, without limitation:

(1) The State of Nevada;

(2) An agency of this State;

(3) A political subdivision of this State; and

(4) Any entity governed by NRS 245.0465 , 268.4067 , 269.084 or 284.286 .

(b) “Employment agency” means any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer.

(c) “Wage or salary history” means the wages or salary paid to an applicant for employment by the current or former employer of the applicant. The term includes, without limitation, any compensation and benefits received by the applicant from his or her current or former employer.

(Added to NRS by 2021, 1678 )

NRS 613.134 Issuance of right-to-sue notice by Labor Commissioner for unlawful employment practice relating to wage or salary history. If a person files a complaint with the Labor Commissioner pursuant to NRS 613.133 which alleges an unlawful employment practice, the Labor Commissioner shall issue, upon request from the person, a right-to-sue notice if at least 180 days have passed after the complaint was filed. The person may, not later than 90 days after the date of receipt of the right-to-sue notice, bring a civil action in district court against the person named in the complaint, and the notice must so indicate.

(Added to NRS by 2021, 1679 )

NRS 613.135 Unlawful acts of employer relating to social media account of employee or prospective employee.

1. It is unlawful for any employer in this State to:

(a) Directly or indirectly, require, request, suggest or cause any employee or prospective employee to disclose the user name, password or any other information that provides access to his or her personal social media account.

(b) Discharge, discipline, discriminate against in any manner or deny employment or promotion to, or threaten to take any such action against any employee or prospective employee who refuses, declines or fails to disclose the user name, password or any other information that provides access to his or her personal social media account.

2. It is not unlawful for an employer in this State to require an employee to disclose the user name, password or any other information to an account or a service, other than a personal social media account, for the purpose of accessing the employer’s own internal computer or information system.

3. Nothing in this section shall be construed to prevent an employer from complying with any state or federal law or regulation or with any rule of a self-regulatory organization, as defined in NRS 90.300 .

4. As used in this section, “social media account” means any electronic service or account or electronic content, including, without limitation, videos, photographs, blogs, video blogs, podcasts, instant and text messages, electronic mail programs or services, online services or Internet website profiles.

(Added to NRS by 2013, 3733 )

NRS 613.140 Employer compelling or inducing employee to trade at particular store or board at particular boardinghouse: Penalty. Any person or persons, employer, company, corporation or association, or the managing agent of any person or persons, employer, company, corporation or association, doing or conducting business in this state, who by coercion, intimidation, threats or undue influence compels or induces his or her employees to trade at any particular store or board at any particular boardinghouse in this state shall be guilty of a misdemeanor.

[1911 C&P § 526; RL § 6791; NCL § 10472]—(NRS A 1967, 633 )

NRS 613.150 Transportation company compelling purchase of uniform from particular person or employer as condition of continuing employment unlawful; penalty.

1. It shall be unlawful for any transportation company doing business in the State of Nevada, or any officer, agent or servant of such transportation company, to require any employee as a condition of continued employment, or otherwise to require or compel or attempt to require or compel any such employee, to purchase of any such transportation company or of any particular person, firm or corporation, or at any particular place or places, any uniform or other clothing or apparel required by any such transportation company to be used by any such employee in the performance of the employee’s duty as such. Any such transportation company, or any officer, agent or servant thereof, who shall order or require any person in its employ to purchase any uniform or other clothing or apparel as aforesaid shall be deemed to have required such purchase as a condition of such employee’s continued employment.

2. Any transportation company doing business in the State of Nevada, or any officer, agent or servant thereof, violating any of the provisions of this section shall be guilty of a misdemeanor.

[Part 1:132:1913; 1919 RL p. 2983; NCL § 6330] + [Part 2:132:1913; 1919 RL p. 2983; NCL § 6331]—(NRS A 1967, 633 )

NRS 613.155 Notification to employer of employee’s sickness or injury and inability to work; requirement of physical presence at workplace to give notice prohibited; penalties.

1. An employer:

(a) Shall not require an employee to be physically present at his or her place of work in order to notify his or her employer that he or she is sick or has sustained an injury that is not work-related and cannot work.

(b) May require an employee to notify the employer that he or she is sick or injured and cannot report for work.

2. In addition to any other remedy or penalty, the Labor Commissioner may impose against any employer or agent or representative thereof that is found to have violated any provision of this section an administrative penalty of not more than $5,000 for each such violation.

3. If an administrative penalty is imposed pursuant to this section, the costs of the proceeding, including without limitation, investigative costs and attorney’s fees, may be recovered by the Labor Commissioner.

(Added to NRS by 2019, 344 )

NRS 613.160 Spotters: Right of employee to be confronted with accuser; penalty.

1. It is unlawful for any person, firm, association or corporation, or agent, superintendent or manager thereof, employing any special agent, detective or person commonly known as a spotter for the purpose of investigating, obtaining and reporting to the employer or the employer’s agent, superintendent or manager information concerning his or her employees, to discipline or discharge any employee in his or her service, where the act of discipline or the discharge is based upon a report by a special agent, detective or spotter which involves a question of integrity, honesty or a breach of rules of the employer, unless the employer or the employer’s agent, superintendent or manager gives notice and a hearing to the employee thus accused, when requested by the employee, at which hearing the accused employee must have the opportunity to confront the person making the report and must have the right to furnish testimony in his or her defense.

2. Any person, corporation, firm, association or employer who violates any provision of this section is liable to the State of Nevada for a penalty of $5,000 for each offense. The penalty must be recovered and the suit must be brought in the name of the State of Nevada in a court of proper jurisdiction by the Attorney General, or under his or her direction by the district attorney in any county having proper jurisdiction.

3. If a penalty is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the Attorney General or district attorney, as appropriate.

[1:41:1915; 1919 RL p. 2775; NCL § 2770] + [2:41:1915; 1919 RL p. 2775; NCL § 2771]—(NRS A 1993, 900 )

NRS 613.170 Time checks: Discounts and deductions unlawful.

1. Whenever any person or persons, firm, corporation or association, whether acting as principal or agent, contractor or subcontractor, shall hire or employ any other person or persons for the performance of any labor or service, and shall issue to such person or persons time checks for the labor or service performed, it shall be unlawful for the person or persons, firm, corporation or association issuing such time checks to discount the same or deduct therefrom any portion of the same as such discount.

2. Any employer of labor, or agent or representative thereof, violating the provisions of subsection 1 shall be guilty of a misdemeanor.

3. Nothing in subsections 1 and 2 shall apply to persons, firms, associations or corporations making discounts, deductions, or pro rata payments in the course of bankruptcy or insolvency proceedings, or in the settlement of the estates of deceased persons.

[1911 C&P § 523; RL § 6788; NCL § 10469] + [1911 C&P § 524; RL § 6789; NCL § 10470] + [1911 C&P § 525; RL § 6790; NCL § 10471]—(NRS A 1967, 634 )

NRS 613.180 Hospital fees: Unlawful collection from employee.

1. For the purpose of this section:

(a) “Distance and facilities for the comfort and conveyance of any patient” shall be construed to mean the nearest hospital and the most comfortable means of conveyance at hand or that can be procured in a reasonable time.

(b) “Town or place” shall be construed to mean any town, headquarters or place, at which town, headquarters or place, and tributary places, sufficient hospital fees are collected to maintain a hospital in keeping with the hospital fees collected.

2. It is unlawful for any person or persons, contractor or contractors, firm, company, corporation or association, or the managing agent of any person or persons, contractor or contractors, firm, company, corporation or association, to collect, demand, force, compel or require, either monthly, annually or for any other period of time, any sum of money for hospital fees from any person or laborer at any place in this state where no convenient, comfortable and well-equipped hospital is maintained at some town or place for the accommodation, relief and treatment of persons in his, her or their employ, and from whom hospital fees are collected; provided:

(a) That any person or persons, contractor or contractors, firm, company, corporation or association, or the managing agent of the same, may care for or cause to be cared for any person in his, her or their employ, from whom hospital fees are collected, at any private or public hospital, sanitarium or other convenient and comfortable place, without expense to the person or patient from whom hospital fees are collected; and

(b) That the distance and facilities for the comfort and conveyance of any patient come within the intent and meaning of subsection 1.

3. If at the nearest hospital the proper medical treatment cannot be secured, then it shall not be unlawful to take any person or patient a greater distance or to another hospital.

4. Any person or persons violating the provisions of this section shall be guilty of a misdemeanor.

[1:84:1903; RL § 1943; NCL § 2796] + [2:84:1903; RL § 1944; NCL § 2797] + [3:84:1903; RL § 1945; NCL § 2798]—(NRS A 1967, 634 )

NRS 613.190 Corrupt influencing of employee unlawful. Every person who shall give, offer or promise, directly or indirectly, any compensation, gratuity or reward to any agent, employee or servant of any person or corporation, with intent to influence the action of the agent, employee or servant in relation to his or her principal’s, employer’s or master’s business, shall be guilty of a gross misdemeanor.

[1911 C&P § 531; RL § 6796; NCL § 10477]

NRS 613.195 Noncompetition covenants: Limitations; enforceability; revision by court; award to prevailing party.

1. A noncompetition covenant is void and unenforceable unless the noncompetition covenant:

(a) Is supported by valuable consideration;

(b) Does not impose any restraint that is greater than is required for the protection of the employer for whose benefit the restraint is imposed;

(d) Imposes restrictions that are appropriate in relation to the valuable consideration supporting the noncompetition covenant.

2. A noncompetition covenant may not restrict, and an employer may not bring an action to restrict, a former employee of an employer from providing service to a former customer or client if:

(a) The former employee did not solicit the former customer or client;

(b) The customer or client voluntarily chose to leave and seek services from the former employee; and

(c) The former employee is otherwise complying with the limitations in the covenant as to time, geographical area and scope of activity to be restrained, other than any limitation on providing services to a former customer or client who seeks the services of the former employee without any contact instigated by the former employee.

Ê Any provision in a noncompetition covenant which violates the provisions of this subsection is void and unenforceable.

3. A noncompetition covenant may not apply to an employee who is paid solely on an hourly wage basis, exclusive of any tips or gratuities.

4. An employer in this State who negotiates, executes or attempts to enforce a noncompetition covenant that is void and unenforceable under this section does not violate the provisions of NRS 613.200 .

5. If the termination of the employment of an employee is the result of a reduction of force, reorganization or similar restructuring of the employer, a noncompetition covenant is only enforceable during the period in which the employer is paying the employee’s salary, benefits or equivalent compensation, including, without limitation, severance pay.

6. If an employer brings an action to enforce a noncompetition covenant or an employee brings an action to challenge a noncompetition covenant and the court finds the covenant is supported by valuable consideration but contains limitations as to time, geographical area or scope of activity to be restrained that are not reasonable, imposes a greater restraint than is necessary for the protection of the employer for whose benefit the restraint is imposed or imposes undue hardship on the employee, the court shall revise the covenant to the extent necessary and enforce the covenant as revised. Such revisions must cause the limitations contained in the covenant as to time, geographical area and scope of activity to be restrained to be reasonable, to not impose undue hardship on the employee and to impose a restraint that is not greater than is necessary for the protection of the employer for whose benefit the restraint is imposed.

7. If an employer brings an action to enforce a noncompetition covenant or an employee brings an action to challenge a noncompetition covenant and the court finds that the noncompetition covenant applies to an employee described in subsection 3 or that the employer has restricted or attempted to restrict a former employee in the manner described in subsection 2, the court shall award the employee reasonable attorney’s fees and costs. Nothing in this subsection shall be construed as prohibiting a court from otherwise awarding attorney’s fees to a prevailing party pursuant to NRS 18.010 .

(a) “Employer” means every person having control or custody of any employment, place of employment or any employee.

(b) “Noncompetition covenant” means an agreement between an employer and employee which, upon termination of the employment of the employee, prohibits the employee from pursuing a similar vocation in competition with or becoming employed by a competitor of the employer.

(Added to NRS by 2017, 1861 ; A 2021, 314 )

NRS 613.200 Prevention of employment of person who has been discharged or who terminates employment unlawful; criminal and administrative penalties; exception.

1. Except as otherwise provided in this section and NRS 613.195 , any person, association, company or corporation within this State, or any agent or officer on behalf of the person, association, company or corporation, who willfully does anything intended to prevent any person who for any cause left or was discharged from his, her or its employ from obtaining employment elsewhere in this State is guilty of a gross misdemeanor and shall be punished by a fine of not more than $5,000.

2. In addition to any other remedy or penalty, the Labor Commissioner may impose against each culpable party an administrative penalty of not more than $5,000 for each such violation.

3. If a fine or an administrative penalty is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the Labor Commissioner.

4. The provisions of this section do not prohibit a person, association, company, corporation, agent or officer from negotiating, executing and enforcing an agreement with an employee of the person, association, company or corporation which, upon termination of the employment, prohibits the employee from disclosing any trade secrets, business methods, lists of customers, secret formulas or processes or confidential information learned or obtained during the course of his or her employment with the person, association, company or corporation if the agreement is supported by valuable consideration and is otherwise reasonable in its scope and duration.

[1911 C&P § 514; RL § 6779; NCL § 10461]—(NRS A 1967, 635 ; 1993, 901 ; 1995, 1039 ; 2003, 797 ; 2017, 1862 )

NRS 613.210 Blacklists unlawful; recommendations and statements to be provided employee by employer.

1. As used in this section, “employee” means every person who has entered upon service or employment of an employer, and the employment shall be deemed to commence from the date of the entry or performance of any service. Any contract of employment, rule, regulation or device to the contrary is void.

2. A person shall not blacklist or cause to be blacklisted or publish the name of or cause to be published the name of any employee, mechanic or laborer discharged by that person with the intent to prevent that employee, mechanic or laborer from engaging in or securing similar or other employment from any other person.

3. If any officer or agent of any person blacklists or causes to be blacklisted or publishes the name of or causes to be published the name of any employee, mechanic or laborer discharged by that person with the intent to prevent that employee, mechanic or laborer from engaging in or securing similar or other employment from any other person in any manner conspires or contrives, by correspondence or otherwise, to prevent that discharged employee from procuring employment, the officer or agent, as applicable, is guilty of a misdemeanor.

4. Subsections 2 and 3 do not prohibit any person from giving in writing, at the time the employee leaves or is discharged from the service of the employer, a truthful statement of the reason for such leaving of the service or discharge of that employee, nor do subsections 2 and 3 prevent any employer from giving any employee or former employee any statement with reference to any meritorious services which the employee may have rendered to that employer. The employer shall supply statements as provided in this subsection upon demand from the employee, but no such statement is required unless the employee has been in service for a period of not less than 60 days. Only one such statement may be issued to that employee.

[1911 C&P § 515; RL § 6780; NCL § 10462] + [1911 C&P § 516; RL § 6781; NCL § 10463] + [1911 C&P § 517; A 1915, 275 ; 1919 RL § 6782; NCL § 10464]—(NRS A 1967, 635 ; 1987, 1312 )

NRS 613.220 Assembling and cooperation of employees to secure increases in wages unrestricted. No part of this chapter shall be construed to restrict or prohibit the orderly and peaceable assembling or cooperation of persons employed in any profession, trade or handicraft for the purpose of securing an advance in the rate of wages or compensation, or for the maintenance of such rate.

[1911 C&P § 536; RL § 6801; NCL § 10482]

NRS 613.222 Employer required to make reasonable accommodations for employee who is victim of domestic violence; employer may require supporting documentation.

1. An employer must make reasonable accommodations which will not create an undue hardship for an employee who is a victim of an act which constitutes domestic violence or whose family or household member is a victim of an act which constitutes domestic violence. The employer may provide such accommodations, including, without limitation, as:

(a) A transfer or reassignment;

(b) A modified schedule;

(d) Any other reasonable accommodations which will not create an undue hardship deemed necessary to ensure the safety of the employee, the workplace, the employer or other employees.

2. An employer may require an employee to provide to the employer documentation that confirms or supports the reason the employee requires the reasonable accommodations.

3. As used in this section:

(a) “Domestic violence” has the meaning ascribed to it in NRS 33.018 .

(b) “Family or household member” has the meaning ascribed to it in NRS 612.3755 .

(Added to NRS by 2017, 3179 )

NRS 613.223 Unlawful for employer to take certain actions against employee for reasons related to domestic violence.

1. It is unlawful for any employer in this State to discharge, discipline, discriminate against in any manner or deny employment or promotion to, or threaten to take any such action against, an employee because:

(a) The employee requested to use hours of leave pursuant to NRS 608.0198 ;

(b) The employee participated as a witness or interested party in court proceedings related to an act which constitutes domestic violence which triggered the use of leave pursuant to NRS 608.0198 ;

(d) An act which constitutes domestic violence was committed against the employee in the workplace of the employee.

2. As used in this section, “domestic violence” has the meaning ascribed to it in NRS 33.018 .

NRS 613.224 Employer’s authority to enforce statutory health and safety requirements notwithstanding antidiscrimination protections relating to hair texture and protective hairstyles. Notwithstanding the protections in this chapter for hair texture and protective hairstyles, an employer may enforce health and safety requirements set forth in federal or state law.

(Added to NRS by 2021, 1703 )

NRS 613.225 Labor Commissioner to adopt regulations to establish certain procedures required by 42 U.S.C. § 607(f). The Labor Commissioner shall adopt regulations to establish the procedures required pursuant to 42 U.S.C. § 607(f).

(Added to NRS by 1997, 2346 )

NRS 613.230 “Labor organization” defined. As used in NRS 613.230 to 613.300 , inclusive, the term “labor organization” means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or other conditions of employment.

[1:1:1953]

NRS 613.250 Agreements prohibiting employment because of nonmembership in labor organization prohibited. No person shall be denied the opportunity to obtain or retain employment because of nonmembership in a labor organization, nor shall the State, or any subdivision thereof or any corporation, individual or association of any kind enter into any agreement, written or oral, which excludes any person from employment or continuation of employment because of nonmembership in a labor organization.

[2:1:1953]

NRS 613.260 Certain contracts declared illegal and void. Any act or any provision in any agreement which is in violation of NRS 613.230 to 613.300 , inclusive, shall be illegal and void. Any strike or picketing to force or induce any employer to make an agreement in writing or orally in violation of NRS 613.230 to 613.300 , inclusive, shall be for an illegal purpose.

[3:1:1953]

NRS 613.270 Compelling person to join labor organization or to strike against own will or to leave employment prohibited. It shall be unlawful for any employee, labor organization, or officer, agent or member thereof to compel or attempt to compel any person to join any labor organization or to strike against the person’s will or to leave employment by any threatened or actual interference with his or her person, immediate family or property.

[4:1:1953]

NRS 613.280 Conspiracy. Any combination or conspiracy by two or more persons to cause the discharge of any person or to cause such person to be denied employment because he or she is not a member of a labor organization, by inducing or attempting to induce any other person to refuse to work with such person, shall be illegal.

[5:1:1953]

NRS 613.290 Liability for damages. Any person who violates any provision of NRS 613.230 to 613.300 , inclusive, or who enters into any agreement containing a provision declared illegal by NRS 613.230 to 613.300 , inclusive, or who shall bring about the discharge or the denial of employment of any person because of nonmembership in a labor organization shall be liable to the person injured as a result of such act or provision and may be sued therefor, and in any such action any labor organization, subdivision or local thereof shall be held to be bound by the acts of its duly authorized agents acting within the scope of their authority and may sue or be sued in its common name.

[6:1:1953]

NRS 613.300 Injunctive relief. Any person injured or threatened with injury by an act declared illegal by NRS 613.230 to 613.300 , inclusive, shall, notwithstanding any other provision of the law to the contrary, be entitled to injunctive relief therefrom.

[7:1:1953]

NRS 613.310 Definitions. As used in NRS 613.310 to 613.4383 , inclusive, unless the context otherwise requires:

1. “Disability” means, with respect to a person:

(a) A physical or mental impairment that substantially limits one or more of the major life activities of the person, including, without limitation, the human immunodeficiency virus;

(b) A record of such an impairment; or

2. “Employer” means any person who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, but does not include:

(a) The United States or any corporation wholly owned by the United States.

(b) Any Indian tribe.

3. “Employment agency” means any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer, but does not include any agency of the United States.

4. “Gender identity or expression” means a gender-related identity, appearance, expression or behavior of a person, regardless of the person’s assigned sex at birth.

5. “Labor organization” means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or other conditions of employment.

6. “Person” includes the State of Nevada and any of its political subdivisions.

7. “Protective hairstyle” includes, without limitation, hairstyles such as natural hairstyles, afros, bantu knots, curls, braids, locks and twists.

8. “Race” includes traits associated with race, including, without limitation, hair texture and protective hairstyles.

9. “Sexual orientation” means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality.

(Added to NRS by 1965, 691 ; A 1985, 533 ; 1989, 690 ; 1991, 1023 , 1982 ; 1997, 77 ; 1999, 1937 , 2875 ; 2001, 206 ; 2007, 2176 ; 2011, 495 ; 2017, 1785 ; 2019, 548 ; 2021, 1703 )

NRS 613.320 Applicability.

1. The provisions of NRS 613.133 and 613.310 to 613.4383 , inclusive, do not apply to:

(a) Any employer with respect to employment outside this state.

(b) Any religious corporation, association or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of its religious activities.

2. The provisions of NRS 613.133 and 613.310 to 613.4383 , inclusive, concerning unlawful employment practices related to sexual orientation and gender identity or expression do not apply to an organization that is exempt from taxation pursuant to 26 U.S.C. § 501(c)(3).

(Added to NRS by 1965, 691 ; A 1999, 1938 ; 2011, 496 ; 2017, 1785 ; 2019, 549 ; 2021, 1679 )

NRS 613.325 Authority of Nevada Equal Rights Commission to adopt regulations relating to federal statutes. The Nevada Equal Rights Commission may adopt regulations, consistent with the provisions of 42 U.S.C. §§ 12101 et seq., setting forth:

1. The types of examinations which an employer may require; and

2. Any defenses which are available to an employer,

Ê relating to the subject matter of those provisions.

(Added to NRS by 1991, 1982 )

1. Except as otherwise provided in NRS 613.350 , it is an unlawful employment practice for an employer:

(a) To fail or refuse to hire or to discharge any person, or otherwise to discriminate against any person with respect to the person’s compensation, terms, conditions or privileges of employment, because of his or her race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin;

(b) To limit, segregate or classify an employee in a way which would deprive or tend to deprive the employee of employment opportunities or otherwise adversely affect his or her status as an employee, because of his or her race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin; or

(c) Except as otherwise provided in subsection 7, to discriminate against any employee because the employee has inquired about, discussed or voluntarily disclosed his or her wages or the wages of another employee.

2. It is an unlawful employment practice for an employment agency:

(a) To fail or refuse to refer for employment, or otherwise to discriminate against, any person because of the race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin of that person;

(b) To classify or refer for employment any person on the basis of the race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin of that person; or

(c) Except as otherwise provided in subsection 7, to discriminate against any person because the person has inquired about, discussed or voluntarily disclosed his or her wages or the wages of another person.

3. It is an unlawful employment practice for a labor organization:

(a) To exclude or to expel from its membership, or otherwise to discriminate against, any person because of his or her race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin;

(b) To limit, segregate or classify its membership, or to classify or fail or refuse to refer for employment any person, in any way which would deprive or tend to deprive the person of employment opportunities, or would limit the person’s employment opportunities or otherwise adversely affect the person’s status as an employee or as an applicant for employment, because of his or her race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin;

(c) Except as otherwise provided in subsection 7, to discriminate or take any other action prohibited by this section against any member thereof or any applicant for membership because the member or applicant has inquired about, discussed or voluntarily disclosed his or her wages or the wages of another member or applicant; or

(d) To cause or attempt to cause an employer to discriminate against any person in violation of this section.

4. It is an unlawful employment practice for any employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining, including, without limitation, on-the-job training programs, to discriminate against any person because of his or her race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin in admission to, or employment in, any program established to provide apprenticeship or other training.

5. Except as otherwise provided in subsection 6, it is an unlawful employment practice for any employer, employment agency, labor organization or joint labor-management committee to discriminate against a person with a disability by interfering, directly or indirectly, with the use of an aid or appliance, including, without limitation, a service animal, by such a person.

6. It is an unlawful employment practice for an employer, directly or indirectly, to refuse to permit an employee with a disability to keep the employee’s service animal with him or her at all times in his or her place of employment, except that an employer may refuse to permit an employee to keep a service animal that is a miniature horse with him or her if the employer determines that it is not reasonable to comply, using the assessment factors set forth in 28 C.F.R. § 36.302.

7. The provisions of paragraph (c) of subsection 1, paragraph (c) of subsection 2 and paragraph (c) of subsection 3, as applicable, do not apply to any person who has access to information about the wages of other persons as part of his or her essential job functions and discloses that information to a person who does not have access to that information unless the disclosure is ordered by the Labor Commissioner or a court of competent jurisdiction.

8. It is an unlawful employment practice for an appointing authority governed by the provisions of chapter 284 of NRS, the Administrator of the Division of Human Resource Management of the Department of Administration or the governing body of a county, incorporated city or unincorporated town to consider the criminal history of an applicant for employment without following the procedure required in NRS 245.046 , 268.402 , 269.0802 , 284.281 or 284.283 , as applicable.

9. As used in this section, “service animal” has the meaning ascribed to it in NRS 426.097 .

(Added to NRS by 1965, 691 ; A 1967, 108 ; 1971, 1056 ; 1973, 981 , 1497 ; 1981, 1300 , 1920 ; 1991, 1024 ; 1995, 1993 ; 1999, 1938 ; 2003, 2976 ; 2005, 631 ; 2011, 496 ; 2015, 271 ; 2017, 1862 , 2103 )

NRS 613.333 Unlawful employment practices: Discrimination for lawful use of any product outside premises of employer which does not adversely affect job performance or safety of other employees.

1. It is an unlawful employment practice for an employer to:

(a) Fail or refuse to hire a prospective employee; or

(b) Discharge or otherwise discriminate against any employee concerning the employee’s compensation, terms, conditions or privileges of employment,

Ê because the employee engages in the lawful use in this state of any product outside the premises of the employer during the employee’s nonworking hours, if that use does not adversely affect the employee’s ability to perform his or her job or the safety of other employees.

2. An employee who is discharged or otherwise discriminated against in violation of subsection 1 or a prospective employee who is denied employment because of a violation of subsection 1 may bring a civil action against the employer who violates the provisions of subsection 1 and obtain:

(a) Any wages and benefits lost as a result of the violation;

(b) An order of reinstatement without loss of position, seniority or benefits;

(d) Damages equal to the amount of the lost wages and benefits.

3. The court shall award reasonable costs, including court costs and attorney’s fees to the prevailing party in an action brought pursuant to this section.

4. The remedy provided for in this section is the exclusive remedy for an action brought pursuant to this section.

(Added to NRS by 1991, 942 )

NRS 613.340 Unlawful employment practices: Discrimination for opposing unlawful practice or assisting investigation; printing or publication of material indicating prohibited discrimination.

1. It is an unlawful employment practice for an employer to discriminate against any of his or her employees or applicants for employment, for an employment agency to discriminate against any person, or for a labor organization to discriminate against any member thereof or applicant for membership, because the employee, applicant, person or member, as applicable, has opposed any practice made an unlawful employment practice by NRS 613.133 or 613.310 to 613.4383 , inclusive, or because he or she has made a charge, testified, assisted or participated in any manner in an investigation, proceeding or hearing under NRS 613.133 or 613.310 to 613.4383 , inclusive.

2. It is an unlawful employment practice for an employer, labor organization or employment agency to print or publish or cause to be printed or published any notice or advertisement relating to employment by such an employer or membership in or any classification or referral for employment by such a labor organization, or relating to any classification or referral for employment by such an employment agency, indicating any preference, limitation, specification or discrimination, based on race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin, except that such a notice or advertisement may indicate a preference, limitation, specification or discrimination based on religion, sex, sexual orientation, gender identity or expression, age, physical, mental or visual condition or national origin when religion, sex, sexual orientation, gender identity or expression, age, physical, mental or visual condition or national origin is a bona fide occupational qualification for employment.

(Added to NRS by 1965, 692 ; A 1967, 109 ; 1973, 982 ; 1975, 1456 ; 1991, 1025 ; 1999, 1939 ; 2011, 497 ; 2017, 1786 ; 2021, 1680 )

1. It is an unlawful employment practice for an employer, a labor organization or an employment agency:

(a) To ask or encourage a prospective or current employee or member of the labor organization to submit to a genetic test.

(b) To require or administer a genetic test to a person as a condition of employment or membership in the labor organization.

(d) To alter the terms, conditions or privileges of employment or membership in the labor organization based on genetic information.

(e) To terminate employment or membership in the labor organization based on genetic information.

2. As used in this section:

(a) “Genetic information” means information that is obtained from a genetic test.

(b) “Genetic test” means a test that uses deoxyribonucleic acid extracted from the cells of a person, or a diagnostic test that uses another substance extracted or otherwise obtained from the body of a person, which determines the presence of an abnormality or deficiency that:

(1) Is linked to a physical or mental disorder or impairment; or

(2) Indicates a susceptibility to an illness, a disease, an impairment or another physical or mental disorder.

Ê The term does not include a test to determine the presence of alcohol or a controlled substance in the system of the person tested.

(Added to NRS by 1999, 2874 )

NRS 613.350 Lawful employment practices.

1. It is not an unlawful employment practice for an employer to hire and employ employees, for an employment agency to classify or refer for employment any person, for a labor organization to classify its membership or to classify or refer for employment any person, or for an employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining programs to admit or employ any person in any such program, on the basis of his or her religion, sex, sexual orientation, gender identity or expression, age, disability or national origin in those instances where religion, sex, sexual orientation, gender identity or expression, age, physical, mental or visual condition or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise.

2. It is not an unlawful employment practice for an employer to fail or refuse to hire and employ employees, for an employment agency to fail to classify or refer any person for employment, for a labor organization to fail to classify its membership or to fail to classify or refer any person for employment, or for an employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining programs to fail to admit or employ any person in any such program, on the basis of a disability in those instances where physical, mental or visual condition is a bona fide and relevant occupational qualification necessary to the normal operation of that particular business or enterprise, if it is shown that the particular disability would prevent proper performance of the work for which the person with a disability would otherwise have been hired, classified, referred or prepared under a training or retraining program.

3. It is not an unlawful employment practice for an employer to fail or refuse to hire or to discharge a person, for an employment agency to fail to classify or refer any person for employment, for a labor organization to fail to classify its membership or to fail to classify or refer any person for employment, or for an employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining programs to fail to admit or employ any person in any such program, on the basis of his or her age if the person is less than 40 years of age.

4. It is not an unlawful employment practice for a school, college, university or other educational institution or institution of learning to hire and employ employees of a particular religion if the school or institution is, in whole or in substantial part, owned, supported, controlled or managed by a particular religion or by a particular religious corporation, association or society, or if the curriculum of the school or institution is directed toward the propagation of a particular religion.

5. It is not an unlawful employment practice for an employer to observe the terms of any bona fide plan for employees’ benefits, such as a retirement, pension or insurance plan, which is not a subterfuge to evade the provisions of NRS 613.310 to 613.4383 , inclusive, as they relate to discrimination against a person because of age, except that no such plan excuses the failure to hire any person who is at least 40 years of age.

6. It is not an unlawful employment practice for an employer to require employees to adhere to reasonable workplace appearance, grooming and dress standards so long as such requirements are not precluded by law, except that an employer shall allow an employee to appear, groom and dress consistent with the employee’s gender identity or expression.

(Added to NRS by 1965, 692 ; A 1967, 109 ; 1971, 1057 ; 1973, 982 ; 1975, 1457 ; 1981, 1301 ; 1987, 2265 ; 1991, 1025 ; 1999, 1940 ; 2011, 498 ; 2017, 1786 )

NRS 613.370 National security. Notwithstanding any other provision of NRS 613.310 to 613.435 , inclusive, or 613.4383 , it is not an unlawful employment practice for an employer to fail or refuse to hire and employ any individual for any position, for an employer to discharge any individual from any position, or for an employment agency to fail or refuse to refer any individual for employment in any position, or for a labor organization to fail or refuse to refer any individual for employment in any position, if:

1. The occupancy of such position, or access to the premises in or upon which any part of the duties of such position is performed or is to be performed, is subject to any requirement imposed in the interest of the national security of the United States under any security program in effect pursuant to or administered under any statute of the United States or any executive order of the President; and

2. Such individual has not fulfilled or has ceased to fulfill that requirement.

(Added to NRS by 1965, 693 )

NRS 613.380 Consideration of seniority, quantity or quality of production and other tests of ability permitted. Notwithstanding any other provision of NRS 613.310 to 613.435 , inclusive, or 613.4383 , it is not an unlawful employment practice for an employer to apply different standards of compensation, or different terms, conditions or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production or to employees who work in different locations, if those differences are not the result of an intention to discriminate because of race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin, nor is it an unlawful employment practice for an employer to give and to act upon the results of any professionally developed ability test, if the test, its administration or action upon the results is not designed, intended or used to discriminate because of race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin.

(Added to NRS by 1965, 693 ; A 1967, 110 ; 1973, 983 ; 1975, 1458 ; 1991, 1026 ; 1999, 1941 ; 2011, 499 )

NRS 613.385 Preferential treatment in hiring veteran or spouse of veteran permitted.

1. A private employer may adopt an employment policy that gives preference in hiring to a veteran or the spouse of a veteran. Such a policy must be applied uniformly to employment decisions regarding the hiring or promotion of a veteran or the spouse of a veteran or the retention of a veteran or the spouse of a veteran during a reduction in the workforce.

2. A private employer who gives preference in hiring to a veteran or the spouse of a veteran pursuant to subsection 1 does not violate any local or state equal employment law.

3. The Nevada Equal Rights Commission may, upon receipt of a written complaint from a prospective employee of a private employer who has adopted an employment policy giving preference in hiring to a veteran or the spouse of a veteran pursuant to subsection 1, review the employment policy to determine whether the policy is being applied uniformly in accordance with subsection 1. If the Commission determines that an employment policy is not being applied uniformly, the Commission shall cause written notice of its findings, including the recommendations of the Commission, to be provided to the employer and prospective employee. Upon receipt of a notice from the Commission that an employment policy is not being applied uniformly, the employer shall revise his or her employment policy consistent with the recommendations of the Commission.

4. As used in this section:

(a) “Private employer” has the meaning ascribed to it in NRS 616A.295 .

(b) “Veteran” has the meaning ascribed to it in NRS 417.005 .

(Added to NRS by 2015, 3861 )

NRS 613.390 Inapplicability to employment by certain businesses on or near Indian reservation. Nothing contained in NRS 613.133 or 613.310 to 613.4383 , inclusive, applies to any business or enterprise on or near an Indian reservation with respect to any publicly announced employment practice of such business or enterprise under which a preferential treatment is given to any individual because the individual is an Indian living on or near a reservation.

(Added to NRS by 1965, 694 ; A 2017, 1787 ; 2019, 549 ; 2021, 1680 )

NRS 613.400 Preferential treatment of certain persons on account of imbalance in existing number or percentage of those persons employed not required. Nothing contained in NRS 613.310 to 613.435 , inclusive, or 613.4383 requires any employer, employment agency, labor organization or joint labor-management committee subject to NRS 613.310 to 613.435 , inclusive, and 613.4383 to grant preferential treatment to any person or to any group because of the race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin of the individual or group on account of an imbalance which exists with respect to the total number or percentage of persons of any race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin employed by any employer, referred or classified for employment by any employment agency or labor organization, admitted to membership or classified by any labor organization, or admitted to, or employed in, any apprenticeship or other training program, in comparison with the total number or percentage of persons of that race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin in any community, section or other area, or in the available workforce in any community, section or other area.

(Added to NRS by 1965, 694 ; A 1967, 110 ; 1973, 984 ; 1975, 1458 ; 1991, 1027 ; 1999, 1941 ; 2011, 499 )

NRS 613.405 Complaints concerning unlawful employment practices filed with Nevada Equal Rights Commission.

1. Except as otherwise provided in subsection 2, any person injured by an unlawful employment practice within the scope of NRS 613.310 to 613.4383 , inclusive, may file a complaint to that effect with the Nevada Equal Rights Commission if the complaint is based on discrimination because of race, color, sex, sexual orientation, gender identity or expression, age, disability, religion or national origin.

2. Any person injured by an unlawful employment practice within the scope of paragraph (c) of subsection 1, paragraph (c) of subsection 2, paragraph (c) of subsection 3, subsection 7 or subsection 8 of NRS 613.330 may file a complaint to that effect with the Nevada Equal Rights Commission regardless of whether the complaint is based on discrimination because of race, color, sex, sexual orientation, gender identity or expression, age, disability, religion or national origin.

3. Any person injured by an unlawful employment practice within the scope of NRS 613.4353 to 613.4383 , inclusive, may file a complaint to that effect with the Nevada Equal Rights Commission if the complaint is based on an employer’s failure to comply with the provisions of NRS 613.4353 to 613.4383 , inclusive.

(Added to NRS by 1969, 725 ; A 1973, 984 , 1498 ; 1975, 222 , 1458 ; 1977, 1608 ; 1989, 691 ; 1991, 1027 ; 1999, 1941 ; 2011, 500 ; 2017, 1787 , 2104 ; 2019, 3759 )

NRS 613.412 Complaint alleging unlawful discriminatory practice: Issuance of right-to-sue notice by Nevada Equal Rights Commission. If a person files a complaint pursuant to paragraph (b) of subsection 1 of NRS 233.160 which alleges an unlawful discriminatory practice in employment, the Nevada Equal Rights Commission shall issue, upon request from the person, a right-to-sue notice if at least 180 days have passed after the complaint was filed pursuant to NRS 233.160 . The right-to-sue notice must indicate that the person may, not later than 90 days after the date of receipt of the right-to-sue notice, bring a civil action in district court against the person named in the complaint.

(Added to NRS by 2019, 548 )

NRS 613.420 Nevada Equal Rights Commission to issue letter and right-to-sue notice after unfavorable decision by Commission; civil action in district court for order to restore rights.

1. If the Nevada Equal Rights Commission does not conclude that an unfair employment practice within the scope of NRS 613.310 to 613.4383 , inclusive, has occurred, the Commission shall issue:

(a) A letter to the person who filed the complaint pursuant to NRS 613.405 notifying the person of his or her rights pursuant to subsection 2.

(b) A right-to-sue notice. The right-to-sue notice must indicate that the person may, not later than 90 days after the date of receipt of the right-to-sue notice, bring a civil action in district court against the person named in the complaint.

(1) Filing a charge alleging an unlawful employment practice with the United States Equal Employment Opportunity Commission; and

(2) The process by which the United States Equal Employment Opportunity Commission conducts a review of the Nevada Equal Rights Commission’s conclusion pursuant to 42 U.S.C. § 2000e-5(b).

2. If the Nevada Equal Rights Commission has issued a right-to-sue notice pursuant to this section or NRS 613.412 , the person alleging such a practice has occurred may bring a civil action in the district court not later than 90 days after the date of receipt of the right-to-sue notice for any appropriate relief, including, without limitation, an order granting or restoring to that person the rights to which the person is entitled under those sections.

(Added to NRS by 1965, 694 ; A 1975, 223 ; 1983, 518 ; 2017, 1788 ; 2019, 549 , 3759 ; 2021, 1704 )

NRS 613.430 Limitation on actions. To the extent consistent with federal law:

1. No action authorized by NRS 613.420 or Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., may be brought:

(a) More than 180 days after the date of the act complained of; or

(b) More than 90 days after the date of the:

(1) Issuance of the letter described in subsection 1 of NRS 613.420 ; or

(2) Receipt of the right-to-sue notice issued by the Nevada Equal Rights Commission pursuant to NRS 613.412 or by the United States Equal Employment Opportunity Commission pursuant to 42 U.S.C. § 2000e-5(f)(1), as applicable,

Ê whichever is later.

2. When a complaint is filed with the Nevada Equal Rights Commission or the United States Equal Employment Opportunity Commission, the limitation provided by this section is tolled as to any action authorized by NRS 613.420 or Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., during the pendency of the complaint before the Nevada Equal Rights Commission or the United States Equal Employment Opportunity Commission, as applicable.

(Added to NRS by 1965, 694 ; A 1969, 726 ; 1975, 223 ; 1977, 1609 ; 1983, 518 ; 2019, 550 , 3759 ; 2021, 1394 )

NRS 613.432 Unlawful employment practices: Relief. If a court finds that an employee has been injured by an unlawful employment practice within the scope of NRS 613.133 and 613.310 to 613.4383 , inclusive, the court may award the employee the same legal or equitable relief that may be awarded to a person pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., if the employee is protected by Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., or NRS 613.330 .

(Added to NRS by 2019, 548 ; A 2021, 1680 )

NRS 613.435 Expedited appeal for certain actions.

1. The appellate court of competent jurisdiction shall, with regard to an appeal from a final judgment in an action for age discrimination in employment brought pursuant to NRS 613.420 or 29 U.S.C. §§ 621-634, provide by rule for the filing of briefs within 6 months after the date of entry of the judgment. The appellate court of competent jurisdiction for good cause shown may grant an extension of time for the filing of such briefs.

2. Unless good cause is shown for a later hearing, the appellate court of competent jurisdiction shall, with regard to an appeal to which subsection 1 applies, set the appeal for argument on a date within 60 days after the expiration of the period for filing briefs.

(Added to NRS by 1997, 77 ; A 2013, 1793 )

NRS 613.4353 Short title. The provisions of NRS 613.4353 to 613.4383 , inclusive, may be cited as the Nevada Pregnant Workers’ Fairness Act.

(Added to NRS by 2017, 1781 )

NRS 613.4356 Definitions. As used in NRS 613.4353 to 613.4383 , inclusive, unless the context otherwise requires, the words and terms defined in NRS 613.4359 , 613.4362 and 613.4365 have the meanings ascribed to them in those sections.

NRS 613.4359 “Condition of the applicant relating to pregnancy, childbirth or a related medical condition” defined. “Condition of the applicant relating to pregnancy, childbirth or a related medical condition,” “condition of the employee relating to pregnancy, childbirth or a related medical condition” or “condition of the employee or applicant relating to pregnancy, childbirth or a related medical condition” means a physical or mental condition intrinsic to pregnancy or childbirth that includes, without limitation, lactation or the need to express breast milk for a nursing child.

NRS 613.4362 “Reasonable accommodation” defined. “Reasonable accommodation” means an action described in NRS 613.4371 that is taken by an employer for a female employee or applicant for employment who has a condition relating to pregnancy, childbirth or a related medical condition.

NRS 613.4365 “Related medical condition” defined. “Related medical condition” means any medically recognized physical or mental condition related to pregnancy, childbirth or recovery from pregnancy or childbirth. The term includes, without limitation, mastitis or other lactation-related medical condition, gestational diabetes, pregnancy-induced hypertension, preeclampsia, postpartum depression, loss or end of pregnancy and recovery from loss or end of pregnancy.

(Added to NRS by 2017, 1782 )

NRS 613.4368 Legislative findings and declaration.

1. The Legislature hereby finds and declares that:

(a) Workplace laws must adequately protect pregnant women from being terminated from their employment because of the refusal of their employer to provide a reasonable accommodation;

(b) Women are often the primary income earners for their families and unemployment resulting from the failure of their employers to provide accommodations in the workplace is an outcome that families cannot afford to endure; and

(c) By remaining employed, pregnant women continue to provide economic security for their families, which in turn provides an economic benefit to the economy of this State.

2. The Legislature further finds and declares that it is the intent of the Legislature to fight against discrimination based on pregnancy, childbirth or a related medical condition, promote public health and ensure that women realize full and equal participation in the workforce by requiring employers to provide reasonable accommodations to employees who are pregnant, have given birth or have a related medical condition.

NRS 613.4371 Reasonable accommodation requested by female employee or provided to a female applicant for employment.

1. If a female employee requests an accommodation for a condition of the employee relating to pregnancy, childbirth or a related medical condition, the employer and employee must engage in a timely, good faith and interactive process to determine an effective, reasonable accommodation for the employee. An accommodation may consist of a change in the work environment or in the way things are customarily carried out that allows the employee to have equal employment opportunities, including the ability to perform the essential function of the position and to have benefits and privileges of employment that are equal to those available to other employees.

2. A reasonable accommodation provided by an employer to a female applicant for employment which is based on a condition of the applicant relating to pregnancy, childbirth or a related medical condition may consist of a modification to the application process or the manner in which things are customarily carried out that allows the applicant to be considered for employment or hired for a position.

3. A reasonable accommodation pursuant to this section may include, without limitation:

(a) Modifying equipment or providing different seating;

(b) Revising break schedules, which may include revising the frequency or duration of breaks;

(d) Providing assistance with manual labor if the manual labor is incidental to the primary work duties of the employee;

(e) Authorizing light duty;

(f) Temporarily transferring the employee to a less strenuous or hazardous position; or

(g) Restructuring a position or providing a modified work schedule.

4. An employer is not required by this section or NRS 613.438 to:

(a) Create a new position that the employer would not have otherwise created, unless the employer has created or would create such a position to accommodate other classes of employees; or

(b) Discharge any employee, transfer any employee with more seniority or promote any employee who is not qualified to perform the job, unless the employer has taken or would take such an action to accommodate other classes of employees.

(Added to NRS by 2017, 1783 )

NRS 613.4374 Employer must prove undue hardship for refusal to provide reasonable accommodation.

1. If a female employee or applicant for employment makes a prima facie showing that the employee or applicant requested a reasonable accommodation for a condition of the employee or applicant relating to pregnancy, childbirth or a related medical condition and the employer refused to provide or attempt to provide the reasonable accommodation, the burden of proof shifts to the employer to demonstrate that providing such an accommodation would impose an undue hardship on the business of the employer.

2. To prove such an undue hardship, the employer must demonstrate that the accommodation is significantly difficult to provide or expensive considering, without limitation:

(a) The nature and cost of the accommodation;

(b) The overall financial resources of the employer;

(c) The overall size of the business of the employer with respect to the number of employees and the number, type and location of the available facilities; and

(d) The effect of the accommodation on the expenses and resources of the employer or the effect of the accommodation on the operations of the employer.

3. Evidence that the employer provides or would be required to provide a similar accommodation to a similarly situated employee or applicant for employment creates a rebuttable presumption that the accommodation does not impose an undue hardship on the employer.

(Added to NRS by 2017, 1784 )

NRS 613.4377 Employer to provide and post notice of right to freedom from discriminatory or unlawful employment practices.

1. An employer shall provide a written or electronic notice to employees that they have the right to be free from discriminatory or unlawful employment practices pursuant to NRS 613.4353 to 613.4383 , inclusive. The notice must include a statement that a female employee has the right to a reasonable accommodation for a condition of the employee relating to pregnancy, childbirth or a related medical condition.

2. An employer shall provide the notice required pursuant to subsection 1:

(a) To a new employee upon commencement of employment; and

(b) Within 10 days after an employee notifies the employee’s immediate supervisor that the employee is pregnant.

3. An employer shall post the notice required pursuant to subsection 1 in a conspicuous place at the place of business of the employer that is located in an area which is accessible to employees.

1. Except as otherwise provided in subsections 2 and 3, it is an unlawful employment practice for an employer to:

(a) Refuse to provide a reasonable accommodation to a female employee or applicant for employment upon request of the employee or applicant, as applicable, for a condition of the employee or applicant relating to pregnancy, childbirth or a related medical condition, unless the accommodation would impose an undue hardship on the business of the employer as determined pursuant to NRS 613.4374 ;

(b) Take an adverse employment action against a female employee because the employee requests or uses a reasonable accommodation for a condition of the employee relating to pregnancy, childbirth or a related medical condition which may include, without limitation, refusing to promote the employee, requiring the employee to transfer to another position, refusing to reinstate the employee to the same or an equivalent position upon return to work or taking any other action which affects the terms or conditions of employment in a manner which is not desired by the employee;

(c) Deny an employment opportunity to an otherwise qualified female employee or applicant for employment based on the need of the employee or applicant, as applicable, for a reasonable accommodation for a condition of the employee or applicant relating to pregnancy, childbirth or a related medical condition;

(d) Require a female employee or applicant for employment who is affected by a condition of the employee or applicant relating to pregnancy, childbirth or a related medical condition to accept an accommodation that the employee or applicant did not request or chooses not to accept; and

(e) Require a female employee who is affected by a condition of the employee relating to pregnancy, childbirth or a related medical condition to take leave from employment if a reasonable accommodation for any such condition of the employee is available that would allow the employee to continue to work.

2. It is not an unlawful employment practice for an employer to take an action set forth in this section if the action is based upon a bona fide occupational qualification.

3. An employer who is a contractor licensed pursuant to chapter 624 of NRS is not subject to:

(a) The requirements of this section with regard to a request of a female employee to provide a reasonable accommodation if the requested accommodation is to provide a place, other than a bathroom, where the employee may express breast milk and the employee is performing work at a construction job site that is located more than 3 miles from the regular place of business of the employer; or

(b) The requirements of paragraph (d) or (e) of subsection 1 with regard to a female employee who is affected by a condition of the employee relating to pregnancy, childbirth or a related medical condition if the work duties of the employee include the performance of manual labor.

4. An employer who is a contractor licensed pursuant to chapter 624 of NRS is encouraged to provide a reasonable accommodation described in paragraph (a) of subsection 3 to the extent practicable.

5. An employer may require a female employee to provide an explanatory statement from the employee’s physician concerning the specific accommodation recommended by the physician for the employee.

6. This section must not be construed to preempt, limit, diminish or otherwise affect any other provision of law relating to discrimination on the basis of sex or pregnancy.

NRS 613.4383 Unlawful employment practices: Refusal to grant leave to female employee for condition relating to pregnancy, childbirth or related medical condition. If an employer grants leave with pay, leave without pay, or leave without loss of seniority to his or her employees for sickness or disability because of a medical condition, it is an unlawful employment practice to fail or refuse to extend the same benefits to any female employee for a condition of the employee relating to pregnancy, childbirth or a related medical condition. The female employee who is pregnant must be allowed to use the leave before and after childbirth, miscarriage or other natural resolution of her pregnancy, if the leave is granted, accrued or allowed to accumulate as a part of her employment benefits.

(Added to NRS by 1989, 690 ; A 2017, 1785 )—(Substituted in revision for NRS 613.335)

NRS 613.440 Definitions. As used in NRS 613.440 to 613.510 , inclusive, unless the context otherwise requires:

1. “Employer” includes any person acting directly or indirectly in the interest of an employer in relation to an employee or prospective employee.

2. “Lie detector” means a polygraph, voice stress analyzer, psychological stress evaluator or any other similar device, whether mechanical or electrical, that is used, or the results of which are used, for the purpose of rendering a diagnostic opinion regarding the honesty or dishonesty of an individual.

3. “Polygraph” means an instrument that:

(a) Visually, permanently and simultaneously records cardiovascular activity, respiratory activity and changes in skin resistance; and

(b) Is used, or the results of which are used, for the purpose of rendering a diagnostic opinion regarding the veracity of any statement made by the person examined.

4. “Polygraphic examination” means a test administered with a polygraph.

(Added to NRS by 1989, 723 )

NRS 613.450 Provisions inapplicable to State and its political subdivisions. The provisions of NRS 613.440 to 613.510 , inclusive, do not apply to this state or any political subdivision of this state.

(Added to NRS by 1989, 724 )

NRS 613.460 Adoption of regulations; notice of statutory provisions.

1. The Labor Commissioner:

(a) May adopt any regulations necessary or appropriate to carry out the provisions of NRS 613.440 to 613.510 , inclusive; and

(b) Shall prepare and distribute to employers in this state, a notice setting forth a summary of the provisions of NRS 613.440 to 613.510 , inclusive.

2. Each employer shall post and maintain the notice in a conspicuous location at the place of employment where notices to employees and applicants for employment are customarily posted and read.

NRS 613.470 Waiver of rights and procedures void; exception. Unless stipulated in a written settlement agreement signed by all parties to a pending action or complaint filed pursuant to NRS 613.440 to 613.510 , inclusive, any waiver of the rights and procedures provided by NRS 613.440 to 613.510 , inclusive, is against public policy and is void.

NRS 613.480 Unlawful acts of employer. Except as otherwise provided in NRS 613.510 , it is unlawful for any employer in this state to:

1. Directly or indirectly, require, request, suggest or cause any employee or prospective employee to take or submit to any lie detector test;

2. Use, accept, refer to or inquire concerning the results of any lie detector test of any employee or prospective employee;

3. Discharge, discipline, discriminate against in any manner or deny employment or promotion to, or threaten to take any such action against any employee or prospective employee:

(a) Who refuses, declines or fails to take or submit to any lie detector test; or

(b) On the basis of the results of any lie detector test; or

4. Discharge, discipline, discriminate against in any manner, deny employment or promotion to or threaten to take any such action against any employee or prospective employee who has:

(a) Filed any complaint or instituted or caused to be instituted any legal proceeding pursuant to NRS 613.440 to 613.510 , inclusive;

(b) Testified or may testify in any legal proceeding instituted pursuant to NRS 613.440 to 613.510 , inclusive; or

(c) Exercised his or her rights, or has exercised on behalf of another person the rights afforded him or her pursuant to NRS 613.440 to 613.510 , inclusive.

NRS 613.490 Liability of employer to employee; attorney’s fees and costs.

1. An employer who violates the provisions of NRS 613.440 to 613.510 , inclusive, is liable to the employee or prospective employee affected by the violation. The employer is liable for any legal or equitable relief as may be appropriate, including employment of a prospective employee, reinstatement or promotion of an employee and the payment of lost wages and benefits.

2. An action to recover the liability pursuant to subsection 1 may be maintained against the employer by an employee or prospective employee:

(a) For or on behalf of the employee or prospective employee; and

(b) On behalf of other employees or prospective employees similarly situated.

Ê An action must not be commenced pursuant to this section more than 3 years after the date of the alleged violation.

3. In any action brought pursuant to this section, the court, in its discretion, may allow the prevailing party reasonable costs, including attorney’s fees.

NRS 613.500 Administrative penalties; penalties are cumulative; injunctive relief.

1. If any person violates any provision of NRS 613.440 to 613.510 , inclusive, or any regulation adopted pursuant thereto, the Labor Commissioner may impose against the person an administrative penalty of not more than $9,000 for each such violation.

2. In determining the amount of any administrative penalty to be imposed against the person, the Labor Commissioner shall consider the previous record of the person in terms of compliance with NRS 613.440 to 613.510 , inclusive, and any regulation adopted pursuant thereto, and the severity of the violation. Any administrative penalty imposed against the person is in addition to any other remedy or penalty provided pursuant to NRS 613.440 to 613.510 , inclusive.

3. The Labor Commissioner may bring a civil action pursuant to this section to restrain violations of NRS 613.440 to 613.510 , inclusive, or any regulation adopted pursuant thereto. A court of competent jurisdiction may issue, without bond, a temporary or permanent restraining order or injunction to require compliance with NRS 613.440 to 613.510 , inclusive, or any regulation adopted pursuant thereto, including any legal or equitable relief incident thereto as may be appropriate, such as employment of a prospective employee, reinstatement or promotion of an employee, and the payment of lost wages and benefits.

(Added to NRS by 1989, 723 ; A 2003, 798 )

NRS 613.510 Exemptions from provisions.

1. Except as otherwise provided in subsection 2, the following are exempt from the provisions of NRS 613.440 to 613.500 , inclusive:

(a) Any employer who requests an employee to submit to a polygraphic examination if:

(1) The examination is administered in connection with an ongoing investigation involving economic loss or injury to the employer’s business, including theft, embezzlement, misappropriation or an act of unlawful industrial espionage or sabotage;

(2) The employee had access to the property that is the subject of the investigation;

(3) The employer has a reasonable suspicion that the employee was involved in the incident or activity under investigation; and

(4) The employer provides to the employee, before the examination, a written statement that:

(I) Sets forth with particularity the specific incident or activity being investigated;

(II) Is signed by the employer or an agent of the employer;

(III) Is retained by the employer for at least 3 years; and

(IV) Contains an identification of the specific economic loss or injury to the business, a statement indicating that the employee had access to the property and a statement describing the basis of the employer’s reasonable suspicion that the employee was involved in the incident.

(b) The use of polygraphic examinations on prospective employees who would be employed to protect:

(1) Facilities, materials or operations having a significant impact on the health or safety of this state or any political subdivision of this state; or

(2) Currency, negotiable securities, precious commodities or instruments or proprietary information,

Ê requested by the potential employer whose primary business is to provide armored car personnel, personnel engaged in the design, installation and maintenance of security alarm systems or other security personnel.

(c) The use of a polygraphic examination by any employer authorized to manufacture, distribute or dispense a controlled substance if:

(1) The examination is administered to a prospective employee who would have direct access to the manufacture, storage, distribution or sale of any controlled substance; or

(2) The examination is administered to a current employee in connection with an ongoing investigation of misconduct involving a controlled substance manufactured, distributed or dispensed by the employer if the employee had access to the property that is the subject of the investigation.

2. The exemptions provided in subsection 1 are applicable only if:

(a) The polygraphic examination is administered by a person who holds a valid license as a polygraphic examiner or intern or is qualified as a polygraphic examiner and is exempt from the requirement of licensing pursuant to the provisions of chapter 648 of NRS; and

(b) The results of a polygraphic examination or the refusal to take a polygraphic examination is not used as the sole basis upon which an adverse employment action is taken against an employee or prospective employee.

NRS 613.520 Definitions. As used in NRS 613.520 to 613.600 , inclusive, unless the context otherwise requires, the words and terms defined in NRS 613.530 to 613.560 , inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 2013, 264 , 3731 )

NRS 613.530 “Consumer credit report” defined. “Consumer credit report” means any written, oral or other communication of information by a consumer reporting agency bearing on the credit worthiness, credit standing or credit capacity of a person.

NRS 613.540 “Consumer reporting agency” defined. “Consumer reporting agency” has the meaning ascribed to it in NRS 686A.640 .

NRS 613.550 “Credit information” defined. “Credit information” means any information that is related to credit and derived from a consumer credit report or found on a consumer credit report. The term does not include information that is not related to credit, regardless of whether it is contained in a consumer credit report.

NRS 613.560 “Employer” defined. “Employer” has the meaning ascribed to it in subsection 1 of NRS 613.440 .

NRS 613.570 Unlawful acts of employer relating to consumer credit report or other credit information of employee or prospective employee. Except as otherwise provided in NRS 613.580 , it is unlawful for any employer in this State to:

1. Directly or indirectly, require, request, suggest or cause any employee or prospective employee to submit a consumer credit report or other credit information as a condition of employment;

2. Use, accept, refer to or inquire concerning a consumer credit report or other credit information;

(a) Who refuses, declines or fails to submit a consumer credit report or other credit information; or

(b) On the basis of the results of a consumer credit report or other credit information; or

4. Discharge, discipline, discriminate against in any manner or deny employment or promotion to, or threaten to take any such action against any employee or prospective employee who has:

(a) Filed any complaint or instituted or caused to be instituted any legal proceeding pursuant to NRS 613.520 to 613.600 , inclusive;

(b) Testified or may testify in any legal proceeding instituted pursuant to NRS 613.520 to 613.600 , inclusive; or

(c) Exercised his or her rights, or has exercised on behalf of another person the rights afforded to him or her pursuant to NRS 613.520 to 613.600 , inclusive.

NRS 613.580 Exceptions. An employer may request or consider a consumer credit report or other credit information for the purpose of evaluating an employee or prospective employee for employment, promotion, reassignment or retention as an employee if:

1. The employer is required or authorized, pursuant to state or federal law, to use a consumer credit report or other credit information for that purpose;

2. The employer reasonably believes that the employee or prospective employee has engaged in specific activity which may constitute a violation of state or federal law; or

3. The information contained in the consumer credit report or other credit information is reasonably related to the position for which the employee or prospective employee is being evaluated for employment, promotion, reassignment or retention as an employee. The information in the consumer credit report or other credit information shall be deemed reasonably related to such an evaluation if the duties of the position involve:

(a) The care, custody and handling of, or responsibility for, money, financial accounts, corporate credit or debit cards, or other assets;

(b) Access to trade secrets or other proprietary or confidential information;

(d) The direct exercise of law enforcement authority as an employee of a state or local law enforcement agency;

(e) The care, custody and handling of, or responsibility for, the personal information of another person;

(f) Access to the personal financial information of another person;

(g) Employment with a financial institution that is chartered under state or federal law, including a subsidiary or affiliate of such a financial institution; or

(h) Employment with a licensed gaming establishment, as defined in NRS 463.0169 .

(Added to NRS by 2013, 265 , 3731 )

NRS 613.590 Liability of employer for violation; statute of limitations; attorney’s fees and costs.

1. An employer who violates the provisions of NRS 613.520 to 613.600 , inclusive, is liable to the employee or prospective employee affected by the violation. The employer is liable for any legal or equitable relief as may be appropriate, including employment of a prospective employee, reinstatement or promotion of an employee and the payment of lost wages and benefits.

(Added to NRS by 2013, 265 , 3732 )

NRS 613.600 Administrative penalties, penalties are cumulative; injunctive relief.

1. If any person violates NRS 613.520 to 613.600 , inclusive, the Labor Commissioner may impose against the person an administrative penalty of not more than $9,000 for each such violation.

2. In determining the amount of any administrative penalty to be imposed against the person, the Labor Commissioner shall consider the previous record of the person in terms of compliance with NRS 613.520 to 613.600 , inclusive, and the severity of the violation. Any administrative penalty imposed against the person is in addition to any other remedy or penalty provided pursuant to NRS 613.520 to 613.600 , inclusive.

3. The Labor Commissioner may bring a civil action pursuant to this section to restrain violations of NRS 613.520 to 613.600 , inclusive. A court of competent jurisdiction may issue, without bond, a temporary or permanent restraining order or injunction to require compliance with NRS 613.520 to 613.600 , inclusive, including any legal or equitable relief incident thereto as may be appropriate, such as employment of a prospective employee, reinstatement or promotion of an employee, and the payment of lost wages and benefits.

(Added to NRS by 2013, 266 , 3732 )

NRS 613.610 Short title. This section and NRS 613.620 may be cited as the Domestic Workers’ Bill of Rights.

(Added to NRS by 2017, 3887 )

NRS 613.620 Legislative declaration; wages and benefits not limited; regulations.

1. The Legislature hereby declares that a domestic worker must be afforded the following rights and protections:

(a) An employer shall provide to a domestic worker, when the domestic worker begins his or her employment, a written employment agreement outlining the conditions of his or her employment. If the domestic worker is not able to understand the provisions of the written agreement, the employer shall ensure that those provisions are explained to the domestic worker in a language that the domestic worker understands. The employment agreement must include, without limitation:

(1) The full name and address of the employer;

(2) The name of the domestic worker and a description of the duties for which he or she is being employed;

(3) Each place where the domestic worker is required to work;

(4) The date on which the employment will begin;

(5) The period of notice required for either party to terminate the employment or, if the employment is for a specified period, the date on which the employment will end;

(6) The ordinary workdays and hours of work required of the domestic worker, including any breaks;

(7) The rate of pay, rate and conditions of overtime pay and any other payment or benefits, including, without limitation, health insurance, workers’ compensation insurance or paid leave, which the domestic worker is entitled to receive;

(8) The frequency and method of pay;

(9) Any deductions to be made from the domestic worker’s wages;

(10) If the domestic worker is to reside in the employer’s household, the conditions under which the employer may enter the domestic worker’s designated living space; and

(11) A notice of all applicable state and federal laws pertaining to the employment of domestic workers. A copy of the notice provided in subsection 3 will satisfy the requirement to comply with this subparagraph.

(b) Except as otherwise provided in this section and subject to the provisions of chapter 608 of NRS, a domestic worker must, for all of his or her working time, be paid at least the minimum hourly wage published pursuant to Section 16 of Article 15 of the Nevada Constitution.

(c) Except as otherwise provided in NRS 608.018 , a domestic worker who is paid less than one and one-half times the minimum hourly wage must be paid not less than one and one-half times the domestic worker’s regular rate of wages for all working time in excess of 8 hours in a workday or 40 hours in a week of work in accordance with the provisions of NRS 608.018 .

(d) Except as otherwise provided in NRS 608.0195 , if a domestic worker is required to be on duty, he or she must be paid for all working time, including, without limitation, sleeping time and meal breaks.

(e) If a domestic worker is hired to work for 40 hours per week or more, his or her employer must provide a period of rest of at least 24 consecutive hours in each calendar week and at least 48 consecutive hours during each calendar month. The domestic worker may agree in writing to work on a scheduled day of rest but must be compensated for such time pursuant to this section.

(f) An employer may deduct from the wages of a domestic worker an amount for food and beverages supplied by the employer if the domestic worker freely and voluntarily accepts such food and beverages and provides written consent for such a deduction. An employer must not make a deduction for food and beverages supplied by the employer if a domestic worker cannot easily bring or prepare meals on the premises. Any deduction for food and beverages pursuant to this paragraph must not exceed the limits set forth in NRS 608.155 .

(g) An employer may deduct from the wages of a domestic worker an amount for lodging if the domestic worker freely and voluntarily accepts such lodging and provides written consent for such a deduction. An employer may not make a deduction for lodging if the domestic worker is required to reside on the employer’s premises as a condition of his or her employment. Any deduction for lodging pursuant to this paragraph must not exceed the limits set forth in NRS 608.154 .

(h) If a domestic worker is required to wear a uniform, the employer may not deduct from his or her wages the cost of the uniform or its care.

(i) An employer shall not restrict, interfere with or monitor a domestic worker’s private communications or take any of the domestic worker’s documents or other personal effects.

(j) A domestic worker may request a written evaluation of his or her work performance from the employer 3 months after his or her employment begins and annually thereafter.

(k) If a domestic worker resides in the employer’s household and the employer terminates his or her employment without cause, the employer shall provide written notice and at least 30 days of lodging to the domestic worker, either on-site or in comparable off-site conditions.

(l) An employer shall keep a record of the wages and hours of the domestic worker as required by NRS 608.115 .

2. The provisions of this section are not intended to prevent an employer from providing greater wages and benefits than those required by this section.

3. The Labor Commissioner shall adopt regulations to carry out the provisions of this section and shall post on his or her Internet website, if any, a multilingual notice of employment rights provided under this section and any applicable state and federal laws pertaining to the employment of domestic workers.

4. As used in this section, unless the context otherwise requires:

(a) “Domestic worker” means a natural person who is paid by an employer to perform work of a domestic nature for the employer’s household, including, without limitation, housekeeping, housecleaning, cooking, laundering, nanny services, caretaking of sick, convalescing or elderly persons, gardening or chauffeuring. The term:

(1) Includes a natural person who is employed by a third-party service or agency; and

(2) Does not include a natural person who provides services on a casual, irregular or intermittent basis.

(b) “Employer” means a person who employs a domestic worker to work for the employer’s household.

(c) “Household” means the premises of an employer’s residence and includes any living quarters on the employer’s property.

(d) “On duty” means any period during which a domestic worker is working or is required to remain on the employer’s property.

(e) “Period of rest” means a period during which the domestic worker has complete freedom from all duties and is free to leave the employer’s household or stay within the household solely for personal pursuits.

(f) “Working time” means all compensable time, other than periods of rest, during which a domestic worker is on duty, regardless of whether the domestic worker is actually working.

NRS 613.700 Definitions. As used in NRS 613.700 to 613.780 , inclusive, unless the context otherwise requires, the words and terms defined in NRS 613.710 and 613.720 have the meanings ascribed to them in those sections.

(Added to NRS by 2019, 2898 )

NRS 613.710 “Call center” defined. “Call center” means a facility or other operation whereby workers receive telephone calls or other electronic communication for the purpose of providing customer service or related functions.

NRS 613.720 “Employer” defined. “Employer” means a person in this State who, for the purpose of staffing a call center, employs 50 or more call center employees.

NRS 613.750 Relocation to foreign country: Required notice to Labor Commissioner and employees; ineligibility for economic development incentive; waiver.

1. An employer who relocates a call center, or one or more facilities or operating units within a call center comprising at least 30 percent of the total operating volume of telephone calls or other electronic communications when measured against the average volume of those operations from the previous 12 months, from this State to a foreign country shall, not later than 90 days before such relocation:

(a) If the employer has received any incentive from a state agency for economic development, including, without limitation, any grant, loan, tax credit or abatement within the 10 years immediately preceding the relocation, notify the Labor Commissioner and the employees who will be displaced due to the relocation of:

(1) The relocation; and

(2) The number of employees who will be displaced due to the relocation; or

(b) If the employer is not an employer described in paragraph (a), provide to the Labor Commissioner and the employees who will be displaced due to the relocation a notice containing the information required to be included in the notice required pursuant to the federal Worker Adjustment and Retraining Notification Act, 29 U.S.C. §§ 2101 et seq., and the regulations adopted pursuant thereto.

2. Except as otherwise provided in subsection 3, an employer who has provided the notice required by subsection 1 is ineligible to receive from a state agency any incentive for economic development, including, without limitation, any grant, loan, tax credit or abatement for a period of 5 years following the date upon which such notice was provided to the Labor Commissioner.

3. The Labor Commissioner may waive the provisions of subsection 2 for a state agency that wishes to provide an incentive for economic development to an employer who has provided the notice required by subsection 1 upon the request of the state agency if:

(a) The employer demonstrates to the satisfaction of the state agency that not being provided the incentive would cause job loss or an adverse impact on this State; and

(b) The state agency notifies the Labor Commissioner that the employer complied with paragraph (a) within 15 days after the state agency makes the determination of compliance.

NRS 613.760 Failure of employer to provide required notice of relocation: Imposition of penalties and requirement that employer conduct study under certain circumstances.

1. If an employer fails to provide the notice required by paragraph (a) of subsection 1 of NRS 613.750 , the Labor Commissioner shall:

(a) Impose against the employer a civil penalty not to exceed $5,000 for each day the employer fails to provide the notice; or

(b) Require the employer to conduct a study, at the expense of the employer, to determine the financial impact of the failure of the employer to provide the required notice on the community surrounding the call center and impose against the employer a civil penalty in an amount based upon the results of the study.

2. If an employer fails to provide the notice required by paragraph (b) of subsection 1 of NRS 613.750 , the Labor Commissioner shall impose against the employer a civil penalty of $5,000 and an additional civil penalty of $500 for each day the employer fails to provide the notice, up to a maximum of 30 days.

(Added to NRS by 2019, 2899 )

NRS 613.770 Restrictions on construction relating to certain payments, compensation and benefits for employees of call center. The provisions of NRS 613.700 to 613.780 , inclusive, must not be construed to authorize the withholding or denial of payments, compensation or benefits under any law of this State, including, without limitation, unemployment compensation, a disability benefit or a payment for the purposes of retraining or readjustment to an employee of an employer who relocates a call center to a foreign country.

NRS 613.780 Regulations. The Labor Commissioner may adopt such regulations as are necessary to carry out the provisions of NRS 613.700 to 613.780 , inclusive.

NRS 613.800 Short title. [Effective through August 31, 2022.] NRS 613.800 to 613.854 , inclusive, may be cited as the Nevada Hospitality and Travel Workers Right to Return Act.

(Added to NRS by 2021, 3585 )

NRS 613.802 Legislative findings. [Effective through August 31, 2022.] The Legislature hereby finds that:

1. COVID-19, also known as the “Coronavirus Disease,” is a respiratory disease which has spread across the globe, with many thousands of cases in Nevada.

2. On January 31, 2020, the United States Secretary of Health and Human Services declared a public health emergency based on the threat caused by the novel coronavirus, and, thereafter, the President of the United States issued the Proclamation Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak, beginning March 1, 2020.

3. The World Health Organization announced on March 11, 2020, that it had characterized COVID-19 as a pandemic.

4. On March 12, 2020, the Governor of Nevada issued the Declaration of Emergency for COVID-19, declaring the existence of an emergency in the State.

5. On March 13, 2020, the President declared a nationwide emergency pursuant to section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§ 5121 et seq.

6. Since the Governor’s Declaration of Emergency for COVID-19 on March 12, 2020, the Governor has issued numerous COVID-19 declaration of emergency directives, setting forth closures, safety precautions and capacity limitations for public accommodations, other businesses and governmental facilities and removing such restrictions as appropriate.

7. Jobs in the leisure and hospitality sectors are central to this State’s economy and to the well-being of this State as a whole. According to the Budget Division of the Office of Finance, leisure and hospitality jobs constituted a significant portion of total employment in this State during 2019.

8. Since the declaration of a national public health emergency on January 31, 2020, the COVID-19 pandemic has caused casino, hospitality, stadium and travel-related employers to discharge, lay off and furlough workers on a massive scale. As of December 2020, according to the Bureau of Labor Statistics of the United States Department of Labor, Nevada experienced a significant annual decrease in leisure and hospitality employment, the largest decline of any sector in Nevada.

9. Many thousands of casino, hospitality, stadium and travel-related workers have been separated from their jobs already during the pandemic.

10. It is in the public interest and beneficial to the public welfare to ensure that the State’s casino, hospitality, stadium and travel-related employers honor their former employees’ right to return to their former positions because doing so will speed the transition back to a functioning labor market and will lessen the damage to the State’s economy. Recalling workers instead of searching for new employees could minimize the time necessary to match employees with jobs and reduce the unemployment rate more quickly.

11. It is in the public interest and beneficial to the public welfare to provide laid-off employees in the casino, hospitality, stadium and travel-related sectors with the economic security of knowing that they will have an opportunity to return to their jobs when business returns. In a typical recession, workers who are permanently laid off, without recall, often cycle through short-term jobs before finding a stable job, and many drop out of the labor market altogether. In addition, workers who believe that they are likely to be called back to a steady job are more likely to continue spending money. Ensuring a path to rehiring can relieve workers’ anxiety, which can bolster morale and increase consumer spending, thereby supporting economic recovery.

NRS 613.804 Purpose; scope. [Effective through August 31, 2022.]

1. The purpose of NRS 613.800 to 613.854 , inclusive, is to ensure minimum labor standards.

2. The provisions of NRS 613.800 to 613.854 , inclusive, do not:

(a) Preempt or prevent the establishment of employment standards which are more protective of, or more beneficial for, employees, including, without limitation, higher wages or the expansion of coverage by any other action of this State; or

(b) Supersede an employee’s right to recall contained in a collective bargaining agreement, which right shall govern in the event of a conflict with an employee’s rights set forth in NRS 613.800 to 613.854 , inclusive.

(Added to NRS by 2021, 3586 )

NRS 613.806 Definitions. [Effective through August 31, 2022.] As used in NRS 613.800 to 613.854 , inclusive, unless the context otherwise requires, the words and terms defined in NRS 613.808 to 613.836 , inclusive, have the meanings ascribed to them in those sections.

NRS 613.808 “Airport” defined. [Effective through August 31, 2022.] “Airport” has the meaning ascribed to it in NRS 496.020 .

NRS 613.810 “Airport hospitality operation” defined. [Effective through August 31, 2022.]

1. “Airport hospitality operation” means a business that provides food and beverage, retail or other consumer goods or services to the public at an airport.

2. The term does not include an air carrier which has been issued an air carrier operating certificate by the Federal Aviation Administration.

NRS 613.812 “Airport service provider” defined. [Effective through August 31, 2022.]

1. “Airport service provider” means a business entity that performs, under contract with a passenger air carrier:

(a) Functions for the catering of food and beverage; or

(b) Functions on the property of the airport that are directly related to the air transportation of persons, property or mail, including, without limitation:

(1) The loading and unloading of property on aircraft;

(2) Assistance to passengers pursuant to 14 C.F.R. Part 382;

(3) Security;

(4) Airport ticketing and check-in;

(5) Ground-handling of aircraft; and

(6) Aircraft cleaning, sanitization and waste removal.

NRS 613.814 “Business entity” defined. [Effective through August 31, 2022.] “Business entity” means a natural person, corporation, partnership, limited partnership, limited-liability partnership, limited-liability company, business trust, estate, trust, association, joint venture, agency, instrumentality or any other legal or commercial entity, whether domestic or foreign.

(Added to NRS by 2021, 3587 )

NRS 613.816 “Casino” defined. [Effective through August 31, 2022.]

1. Except as otherwise provided in subsection 3, “casino” has the meaning ascribed to the term “licensed gaming establishment” in NRS 463.0169 .

2. The term includes any contracted, leased or sublet premises that are connected to or operated in conjunction with the purpose of the casino, including, without limitation, facilities for the preparation of food, concessions, retail stores, restaurants, bars and structured parking facilities.

3. The term does not include:

(a) A restricted operation; or

(b) A licensed gaming establishment, as defined in NRS 463.0169 , which operates solely pursuant to a restricted license.

NRS 613.818 “Covered enterprise” defined. [Effective through August 31, 2022.] “Covered enterprise” means an airport hospitality operation, an airport service provider, a casino, an event center or a hotel that is located in a county whose population is 100,000 or more.

NRS 613.820 “Employee” defined. [Effective through August 31, 2022.]

1. Except as otherwise provided in subsection 2, “employee” has the meaning ascribed to it in NRS 608.010 .

2. The term does not include:

(a) Any employee who is:

(1) Employed in a managerial or executive capacity; and

(2) Exempt from the Fair Labor Standards Act of 1938, 29 U.S.C. §§ 201 et seq., pursuant to 29 U.S.C. § 213(a)(1); or

(b) Any person who is engaged as a theatrical or stage performer, including, without limitation, at an exhibition.

NRS 613.822 “Employer” defined. [Effective through August 31, 2022.] “Employer” means any business entity which directly or indirectly through an agent or any other business entity, including through the services of a temporary employment service, staffing agency or similar entity, owns or operates a covered enterprise within this State and:

1. Employs or exercises control over the wages, hours or working conditions of 30 or more employees; or

2. Employed or exercised control over the wages, hours or working conditions of 30 or more employees on March 12, 2020.

NRS 613.824 “Event center” defined. [Effective through August 31, 2022.]

1. “Event center” means a publicly or privately owned structure of more than 50,000 square feet or containing more than 5,000 seats that is used for the purposes of public performances, sporting events, business meetings or similar events and includes, without limitation, a concert hall, stadium, sports arena, race track, coliseum or convention center.

2. The term includes any contracted, leased or sublet premises that are connected to or operated in conjunction with the purpose of the event center, including, without limitation, facilities for the preparation of food, concessions, retail stores, restaurants, bars and structured parking facilities.

NRS 613.826 “Hotel” defined. [Effective through August 31, 2022.]

1. “Hotel” means:

(a) A resort hotel; or

(b) Any other residential building that:

(1) Is designated or used for lodging and other related services for the public, including, without limitation, the preparation and service of food and beverages, trade shows and conventions; and

(2) Contains not less than 200 guest rooms or suites of rooms. For the purposes of this paragraph, adjoining rooms do not constitute a suite of rooms.

2. The term includes any contracted, leased or sublet premises that:

(a) Is connected to or operated in conjunction with the purpose of the resort hotel or residential building; or

(b) Provides services at the resort hotel or residential building.

(Added to NRS by 2021, 3588 )

NRS 613.828 “Laid-off employee” defined. [Effective through August 31, 2022.] “Laid-off employee” means an employee:

1. Who was employed by an employer for not less than 6 months during the 12 months immediately preceding March 12, 2020; and

2. Whose most recent separation from active service for that employer:

(a) Occurred after March 12, 2020; and

(b) Was due to a governmental order, lack of business, reduction in force or another economic, nondisciplinary reason.

NRS 613.830 “Length of service” defined. [Effective through August 31, 2022.] “Length of service” means the total of all periods of time during which an employee has been in active service, including periods of time during which the employee was on leave or on vacation.

NRS 613.832 “Resort hotel” defined. [Effective through August 31, 2022.] “Resort hotel” means:

1. A resort hotel, as defined in NRS 463.01865 ;

2. An establishment described in section 19 of chapter 452, Statutes of Nevada 1997; or

3. A resort hotel described in section 20 of chapter 452, Statutes of Nevada 1997.

NRS 613.834 “Restricted license” and “restricted operation” defined. [Effective through August 31, 2022.] “Restricted license” and “restricted operation” have the meaning ascribed to those terms in NRS 463.0189 .

NRS 613.836 “Structured parking facility” defined. [Effective through August 31, 2022.] “Structured parking facility” means a parking deck, parking garage, parking structure or paved or unpaved parking lot.

NRS 613.838 Employer required to provide written notice of layoff; timing; language; contents. [Effective through August 31, 2022.]

1. In the event of a layoff, an employer shall provide an employee who is to be laid off with written notice of the layoff, either in person or mailed to the last known address of the employee and, if the employer possesses such contact information, by telephone, text message or electronic mail.

2. The employer shall provide the notice required by this section at the time of the layoff or, if the layoff took place before July 1, 2021, not later than 20 days after July 1, 2021.

3. The employer shall provide the notice required by this section to each affected employee in Spanish, English and any other language that is spoken by not less than 10 percent of the employer’s workforce.

4. The notice required by this section must include:

(a) A notice of the layoff and the effective date of the layoff.

(b) A summary of the right to reemployment pursuant to NRS 613.800 to 613.854 , inclusive, or clear instructions on the means by which the employee may access the information regarding that right.

(c) Contact information for the person who the employer has designated to receive, on behalf of the employer, an aggrieved employee’s written notice of an alleged violation pursuant to paragraph (a) of subsection 2 of NRS 613.846 .

NRS 613.840 Employer required to retain records relating to laid-off employee. [Effective through August 31, 2022.]

1. An employer shall retain the following records for not less than 2 years after an employee is laid off:

(a) The full legal name of the employee;

(b) The job classification of the employee at the time of the separation from employment;

(d) The last known address of the employee;

(e) The last known electronic mail address of the employee;

(f) The last known telephone number of the employee;

(g) A copy of the written notice regarding the layoff that was provided to the employee; and

(h) Records of each offer made by the employer to the employee pursuant to subsection 1 of NRS 613.842 , including, without limitation, the date and time of each offer.

2. For the purposes of this section, 2 years is measured from the date of the written notice provided by the employer to the laid-off employee pursuant to NRS 613.838 .

(Added to NRS by 2021, 3589 )

1. An employer shall offer a laid-off employee in writing, by mail to the last known address of the employee and, if the employer possesses such contact information, by telephone, text message or electronic mail, each job position:

(a) Which becomes available after July 1, 2021; and

(b) For which the laid-off employee is qualified. A laid-off employee is qualified for a job position pursuant to this paragraph if the laid-off employee:

(1) Held the same position at the covered enterprise at the time of the laid-off employee’s most recent separation from active service with the employer; or

(2) Held a similar position within the same job classification at the covered enterprise at the time of the laid-off employee’s most recent separation from active service with the employer.

2. An employer shall offer job positions to laid-off employees in an order of preference corresponding to subparagraphs (1) and (2) of paragraph (b) of subsection 1. If more than one laid-off employee is entitled to preference for a position, the employer must first offer the position to the laid-off employee with the greatest length of service for the covered enterprise.

3. An employer may extend simultaneous conditional offers of employment to laid-off employees with a final offer of employment conditioned on application of the order of preference set forth in subparagraphs (1) and (2) of paragraph (b) of subsection 1.

4. An employer who offers a laid-off employee a job position pursuant to this section shall afford the employee not less than 24 hours after the time of the employee’s receipt of the offer to accept or decline the offer. A laid-off employee who is offered a job position pursuant to this section must be available to return to work within 5 calendar days after accepting the offer. If a laid-off employee who is offered a job position pursuant to this section:

(a) Does not accept or decline the offer within 24 hours; or

(b) Is not available to return to work within 5 calendar days after accepting the offer,

Ê the employer may recall the next available employee with the greatest length of service for the covered enterprise.

5. An employer who declines to recall a laid-off employee because the employee lacks qualifications and hires a person other than the laid-off employee shall, not later than 30 days after making that decision, provide the laid-off employee with a written notice of the decision identifying all the reasons for the decision.

6. An employer is not required to extend additional offers of employment to a laid-off employee pursuant to this section if any of the following applies:

(a) The employee states in writing that:

(1) The employee does not wish to be considered for future open positions with the employer; or

(2) The employee does not wish to be considered for future open positions with the employer which have regularly scheduled hours of work that are different from those which the employee worked immediately before his or her last separation from active service with the employer.

(b) The employer extends three bona fide offers of employment to the employee, with not less than 3 weeks between each offer, and the employee declines all three offers. For purposes of this paragraph, “bona fide offer” means an offer of employment in the same or a similar job classification and with a comparable number of regularly scheduled hours of work as the employee worked immediately before his or her last separation from active service with the employer.

(c) The employer attempts to make three offers of employment to the employee using the methods described in subsection 1 and:

(1) Each offer made by mail is returned as undeliverable;

(2) If the employer has the electronic mail address of the employee, any offer made by electronic mail is returned as undeliverable; and

(3) If the employer has contact information provided by the employee for telephone calls or text messages, the number provided for such calls or messages is no longer in service.

NRS 613.844 Adverse action by employer prohibited. [Effective through August 31, 2022.] An employer shall not terminate, reduce in compensation, refuse to employ or otherwise take any adverse action against:

1. Any person for:

(a) Seeking to enforce by any lawful means his or her rights pursuant to NRS 613.800 to 613.854 , inclusive;

(b) Participating in proceedings pursuant to NRS 613.800 to 613.854 , inclusive; or

2. An employee who mistakenly, but in good faith, alleges noncompliance with NRS 613.800 to 613.854 , inclusive.

(Added to NRS by 2021, 3590 )

1. The provisions of NRS 613.800 to 613.854 , inclusive, may be enforced by an aggrieved employee through the Labor Commissioner or in a civil action in any court of competent jurisdiction.

2. An aggrieved employee may file a complaint with the Labor Commissioner or file a civil action in any court of competent jurisdiction alleging a violation of the provisions of NRS 613.800 to 613.854 , inclusive, only after the following requirements are met:

(a) The employee provides the employer with written notice, including, without limitation, by electronic mail, of the alleged violation and any facts known by the employee to support the allegation of the violation; and

(b) The employer is afforded 15 days after the date of receipt of the written notice to cure any alleged violation.

3. There is a rebuttable presumption that an employer’s action is taken in violation of NRS 613.844 if it is established that:

(a) A laid-off employee exercised rights pursuant to the provisions of NRS 613.800 to 613.854 , inclusive, or alleged in good faith that the employer was not complying with the provisions of NRS 613.800 to 613.854 , inclusive;

(b) The employer thereafter terminated, demoted or otherwise took adverse action against the employee; and

(c) The employer took the action described in paragraph (b) against the employee not later than 60 days after the employee exercised rights or made an allegation described in paragraph (a).

4. An employer may rebut a presumption created pursuant to subsection 3 by proving that the true and entire reason for the action taken pursuant to paragraph (b) of subsection 3 was a legitimate business reason. The plaintiff in the action may rebut the legitimate business reason asserted by the employer by showing that the reason was, in fact, a pretext.

5. An employee or employees who establish a violation of NRS 613.800 to 613.854 , inclusive, may be awarded any or all of the following, as appropriate:

(a) Rights of hiring and reinstatement.

(b) Future and back pay for each day during which the violation continues, which shall be calculated at a rate of compensation not less than the greatest of any of the following rates:

(1) The average regular rate of pay received by the laid-off employee during the last 3 years of that employee’s employment in the same job classification.

(2) The most recent regular rate of pay received by the laid-off employee while employed by the employer.

(3) The regular rate of pay received by an employee occupying the job position in place of the laid-off employee who should have been employed in that position.

(4) The value of the benefits which the laid-off employee would have received under the benefit plan provided by the employer.

6. Any employer, agent of the employer or other person who violates or causes to be violated any provision of NRS 613.800 to 613.854 , inclusive, shall be subject to:

(a) A civil penalty of $100 for each employee whose rights under the provisions of NRS 613.800 to 613.854 , inclusive, are violated; and

(b) The imposition of an additional sum payable to each employee as compensatory and liquidated damages in the amount of $500 for each day the rights provided to that employee pursuant to NRS 613.800 to 613.854 , inclusive, are violated. Such damages shall be continuing until such time as the violation is cured.

7. The Labor Commissioner or the court may also award attorney’s fees to a prevailing plaintiff in an action filed pursuant to this section.

8. No criminal penalties may be imposed for a violation of NRS 613.800 to 613.854 , inclusive.

NRS 613.848 Applicability to employers. [Effective through August 31, 2022.]

1. An employer that, on or after January 31, 2020:

(a) Purchases or otherwise acquires the ownership of another employer which owns or operates a covered enterprise; and

(b) Conducts the same or similar operations as those which were conducted by the employer that owned or operated the covered enterprise before the date of the purchase or acquisition,

Ê is subject to the provisions of NRS 613.800 to 613.854 , inclusive, as if the purchasing or acquiring employer was the employer that owned or operated the covered enterprise before the date of the purchase or acquisition and owes to a laid-off employee the rights afforded by NRS 613.800 to 613.854 , inclusive.

2. An employer that, on or after January 31, 2020:

(a) Purchases or otherwise acquires all or substantially all of the assets of an employer that owned or operated a covered enterprise; and

(b) With those assets, conducts the same or similar operations as those which were conducted by the employer that conducted operations with those assets before the date of the purchase or acquisition,

Ê is subject to the provisions of NRS 613.800 to 613.854 , inclusive, as if the employer which purchased or acquired the assets was the employer that conducted operations with those assets before the date of the purchase or acquisition and owes to a laid-off employee the rights afforded by NRS 613.800 to 613.854 , inclusive.

3. An employer which:

(a) Owns or operates a covered enterprise; and

(b) On or after January 31, 2020, changes the employer’s form of organization but continues to own or operate the covered enterprise,

Ê remains subject to the provisions of NRS 613.800 to 613.854 , inclusive, and owes to a laid-off employee the rights afforded by NRS 613.800 to 613.854 , inclusive.

4. An employer which moves operations from a location at which a laid-off employee was employed before January 31, 2020, to a different location within this State remains subject to the provisions of NRS 613.800 to 613.854 , inclusive, and owes to the laid-off employee the rights afforded by NRS 613.800 to 613.854 , inclusive.

(Added to NRS by 2021, 3592 )

NRS 613.850 Applicability to employees. [Effective through August 31, 2022.]

1. Except as otherwise provided in subsection 2, the provisions of NRS 613.800 to 613.854 , inclusive, apply to all employees, as defined in NRS 613.820 , regardless of whether the employees are represented for purposes of collective bargaining or are covered by a collective bargaining agreement.

2. The provisions of NRS 613.800 to 613.854 , inclusive, do not apply to a laid-off employee who is a party to a valid severance agreement.

NRS 613.852 Construction. [Effective through August 31, 2022.] The provisions of NRS 613.800 to 613.854 , inclusive, shall not be construed to:

1. Invalidate or limit the rights, remedies and procedures of any contract or agreement that provides greater or equal protection for employees than are afforded by the provisions of NRS 613.800 to 613.854 , inclusive, notwithstanding the provisions of NRS 613.850 .

2. Limit a discharged employee’s right to bring a cause of action for wrongful termination under common law.

NRS 613.854 Invalidity; legislative declaration; reformation. [Effective through August 31, 2022.]

1. If any section, sentence, clause or phrase of NRS 613.800 to 613.854 , inclusive, is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of NRS 613.800 to 613.854 , inclusive, which shall remain in full force and effect.

2. The Legislature hereby declares that it would have adopted the provisions of NRS 613.800 to 613.854 , inclusive, and each and every section, sentence, clause and phrase thereof not declared invalid or unconstitutional, without regard to whether any portion of NRS 613.800 to 613.854 , inclusive, were subsequently declared invalid or unconstitutional.

3. The courts are hereby authorized to reform the provisions of NRS 613.800 to 613.854 , inclusive, in order to preserve the maximum permissible effect of each section therein.

(Added to NRS by 2021, 3593 )

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Employment Attorney Serving Las Vegas & Henderson

Jun 11, 2018 1 Comment

Do Nevada Employees Have to Be Paid for Travel and Training Time?

Nevada law requires employers to pay their employees for each hour the employee works. (See NRS 608.016 ). Regulations describe work time as “all time worked by the employee at the direction of the employer, including time worked by the employee that is outside the scheduled hours of work of the employee.” ( NAC 608.115 ).

Nevada regulations are more specific when it comes to travel and training.

Wages for Travel

Regulations state that employers must pay at least minimum wage for “any travel or training that is considered to be time worked by the employee.” ( NAC 608.130(1) ). Travel specifically includes travel between different work sites during a workday and when an employee provides transportation for another employee as a benefit of the employer. Note, however, that employers do not have to pay for travel between an employee’s home and work, even if the employee works at different locations. (See NAC 608.130(2) ).

Wages for Training

Nevada regulations also require employers to pay their employees at least minimum wage for any training that the employer requires. Employers do not have to pay for training that an outside agency or entity requires though, even if the training is needed “to maintain eligibility for employment in a particular capacity or at a particular level.” ( NAC 608.130(3) ).

Employers need to be sure to pay employees for travel and training according to these laws and regulations. If they do not, then employees can hire an employment attorney to help recover their wages or file a complaint with the Nevada Labor Commissioner.

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Total Recall? Key Takeaways on the Nevada Hospitality and Travel Workers Right to Return Act

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 due to the pandemic be given priority to be offered their former jobs before external candidates are considered. Nevada’s law, the Nevada Hospitality and Travel Workers Right to Return Act (“the Act”), does not apply to all businesses, but generally to such businesses that were most affected by the pandemic, including hospitality and airports. The Act is set to expire on the latter of either the date that the governor terminates the Declaration of Emergency issued on March 12, 2020, or August 31, 2022. Due to the uniqueness of Nevada’s economy, employers should be aware of some key takeaways about the Act and be prepared to implement this law on its effective date of July 1, 2021.

Which Employers are Covered by this Law?

The Act applies to any “covered enterprise,” which is defined to include an airport hospitality operation, an airport service provider, a casino, an event center, or a hotel that is located in a county that has a population of 100,000 or more. The Act has specific definitions of those terms.

If an employer is a covered enterprise, this law applies only to employers that control the wages, hours, or working conditions of 30 or more employees, or, pursuant to this definition, controlled 30 or more employees on March 12, 2020.

Which Employees are Covered by this Law?

The law applies to any laid-off employee who was employed by the employer “for not less than 6 months during the 12 months immediately preceding March 12, 2020.” The layoff must have taken place and been due to a governmental order, a lack of business, a reduction in force, or another economic, nondisciplinary reason.

The term “employee” does not include employees who were employed in “a managerial or executive capacity,” and exempt from the Fair Labor Standards Act pursuant to 29 U.S.C. § 213(a)(1), or to theatrical and stage performers. If, upon separation, a laid-off employee was a party to a valid severance agreement, then the law does not apply to these employees, either.

What Notices Does the Act Require?

The Act implements a notice requirement. An employer is required to provide written notice of the layoff to any employee who is to be laid off “either in person or mailed to the last known address of the employee,” and, if the employer has electronic contact information for the employee, then the employer must also notify the employee “by telephone, text message or electronic mail.”

A compliant notice must also be sent to any employee that was laid off after March 12, 2020. Employers should be aware that this statute has a retroactive requirement, imposing an obligation to ensure that previous layoffs comply with this notice requirement. Pursuant to the Act, employers that conducted a layoff after March 12, 2020, and before July 1, 2021, have until July 21, 2021, to provide the notice.

Moreover, the Act requires employers to retain certain records for at least two years after an employee is laid off, and these records must include a copy of the written notice regarding the layoff that was provided to the employee, as well as each offer made by the employer to the employee pursuant to this law, including the date and time of each offer. The two-year timeline begins on the date that the written notice of layoff was provided to the employee.

What Should the Notice Contain?

The notice must be offered in English, Spanish, and any other language “that is spoken by not less than 10 percent of the employer’s workforce.” It must include: (1) a notice of the layoff and the effective date of the layoff; (2) a summary of the right to reemployment (discussed more thoroughly below) or instructions on the means by which the employee may access the information regarding that right; and (3) contact information for the employer’s designated point-person to whom an aggrieved employee’s written notice of an alleged violation can be directed.

What are the Recall Rights, or the Right to Reemployment, Provided in the Statute?

The Act requires that a laid-off employee be offered each position:

Which becomes available after July 1, 2021; and
For which the laid-off employee is qualified.

A laid-off employee is qualified for a job position if the employee:

Held the same position at the employer at the time of the laid-off employees’ most recent separation from active service with the employer; or
Held a similar position within the same job classification at the employer at the time of the laid-off employees’ most recent separation from active service with the employer.

The job positions must be offered to laid-off employees in an order of preference based on whether it is the same position or a similar position. If more than one employee is entitled preference to a certain position, the position must be offered to the employee with the greatest length of service for the employer.

The employer extending a job position must provide the employee at least 24 hours after the time of the employee’s receipt of the offer to accept or decline it. A laid-off employee who is offered a job position must be available to return to work within five calendar days after accepting the offer. If an employee does not accept or decline the offer within 24 hours, or is not available to return to work within five calendar days after acceptance, then the employer may recall the next available employee in the specified order of preference.

An employer is not required to extend additional offers if the employee states in writing that the employee does not wish to be considered for future open positions with the employer, or the employee does not want to work in the position that has a schedule different from what the employee worked in the previous position. The Act also provides guidelines as to when the employer can cease attempting to contact laid-off employees if they do not respond.

If an employer declines to recall a laid-off employee because the employee lacks qualifications and hires a person other than the laid-off employee, the employer must, not later than 30 days after making that decision, provide the laid-off employee with a written notice that identifies the reason for the decision.

What Happens if the Statute is Violated?

If an employee believes that the employer has violated this law, the employee can seek recourse through either the Nevada Labor Commissioner or through a civil action. Prior to filing such a complaint, an employee must first provide the employer with written notice by electronic mail of the alleged violation and the facts known by the employee to support the allegation. The employer has 15 days after the date of receipt of the written notice to cure any alleged violation. Remedies that can be awarded to employees include reinstatement, and front and back pay. An employer in violation also may be subject to civil penalties, compensatory and liquidated damages that accrue each day that the rights are violated, and an attorneys’ fees award.

Next Steps for Employers

Nevada employers that are “covered enterprises” under the Act should promptly consider taking proactive steps to ensure compliance with the new law. Employers should carefully assess whether the law applies to their operations and any layoffs that may have occurred or be planned. In addition:

For any layoff that occurred from March 12, 2020 to June 30, 2021, employers should be prepared to provide their notices of layoff to affected employees by July 21, 2021. For any layoff that occurs on or after July 1, 2021, the employer must be prepared to provide the notice of layoff at the time of layoff.
Employers must be prepared to offer laid-off employees job positions that become available for which the laid-off employees are qualified pursuant to the preference order outlined in the Act.
Employers need to designate an individual who will be a point of contact to receive any aggrieved employee’s written notice of an alleged violation of the Act, to be identified in the notice. This individual should be familiar with the requirements of this law and how to potentially cure an alleged violation within 15 days of receipt of a written notice from a laid-off employee.
Employers should implement appropriate record retention policies to ensure that the requisite records are maintained for two years from the date the written layoff notice is provided to the employee.

Employers with questions about the Act and its requirements should contact knowledgeable employment counsel.

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.

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Nevada Wage & Hour Claims – What Workers Need to Know

Workers who are owed back wages in Nevada may either (1) file a wage and hour claim with the Office of the Labor Commissioner , or (2) bring a civil lawsuit. Common reasons for bringing a wage and hour case include:

the employer is misclassifying an employee as “exempt” or an independent contractor
the employer is making an employee work through lunch breaks and rest breaks
the employer is not paying employees for overtime or working “off the clock”

Depending on the claim, the Labor Commissioner can issue a binding decision ordering an employer to pay the employee unpaid wages. And if the employee sued the employer, the court can award not only back wages but also attorneys’ fees and possibly punitive damages .

In this article, our Las Vegas Nevada labor law attorneys discuss:

1. Process for filing a claim
2.1. Misclassification of nonexempt employees as exempt

2.2. Misclassification of employees as independent contractors

2.3. lunch breaks, 2.4. rest and meal breaks, 2.5. overtime, 2.6. working off the clock, 2.7. expense reimbursement, 1. process for filing a wage and hour claim in nevada.

Workers who have been underpaid or overworked in Nevada should first try to resolve the matter privately with the employer. But if the employer rejects the worker’s “good faith effort” to address the issue, the worker may then file a claim with the Nevada Office of the Labor Commissioner. (Alternatively, note that employees may be able to file a federal claim with the U.S. Department of Labor .)

The quickest way to file a claim is to complete the Commissioner’s claim and wages form and to submit it online. These forms may not be faxed or emailed. The form allows claimants to attach supporting documentation, including:

time records
witness information

The Commissioner may then

investigate the claim,
hold a hearing (similar to a trial), and
issue a decision that would then be binding upon the parties and enforceable in court.

There is a two-year deadline following the non-payment of wages for filing a claim with the Commissioner, so workers are advised to file as quickly as possible.

If the Commissioner fails to acknowledge the claim or provide adequate relief, workers may consider filing a civil lawsuit. (Note that employees may bring a lawsuit without having to file a claim with the Commissioner first.) And there is also only a two-year statute of limitations from the time the employer wronged the employee for the employee to bring a lawsuit.

Employees with wage and hour claims are always encouraged to consult with a Nevada labor law attorney. An experienced lawyer knows the most effective ways to compose a claim that will get the Commissioner’s attention. And if the worker chooses to sue, an attorney is all but required to navigate the civil ligation minefield. 1

1.1. Class action lawsuits

When more than one worker has a wage and hour grievance against an employer, the workers can consult with an attorney about the possibility of waging a class-action lawsuit . If the plaintiffs are seeking a relatively small amount of money, a class action can be far more cost-effective than a regular lawsuit.

However, note that class action lawsuits are more difficult to get off the ground than regular lawsuits. All the plaintiffs must be “ascertainable” — a legal term that means identifiable as a class member — which is a very high standard. And the workers may have signed arbitration agreements that prevent class actions to begin with.

Furthermore, the plaintiffs must prove the following four elements before the court would consider granting “class certification”:

numerosity – whether the number of members in the class is large enough, and the impracticability of the plaintiffs simply joining in a regular lawsuit;
commonality – the plaintiffs’ grievances share a common question of law or fact;
typicality – whether there is an adequate overlap between the claims of the named representatives of the class and the rest of the class members; and
adequacy of representation – whether the named plaintiffs and attorneys sufficiently serve the interests of the class members 2

Still, class actions may be the best option to pursue depending on the case. A skilled labor law attorney can help determine whether attempting a class action is worthwhile.

2. Bases for filing a wage and hour claim in Nevada

Whenever employers deprive employees of wages and benefits they are lawfully entitled to, the employees may have a legal basis to bring file a claim with the Labor Commissioner and/or file a civil lawsuit. Common “wage and hour” claims are discussed below:

2.1. Misclassification of non-exempt employees as exempt

Employers have different duties to non-exempt employers versus exempt employees . For instance, non-exempt employees under Nevada law may be entitled to:

minimum wages,
paid rest breaks,
lunch breaks, and/or
overtime pay

In contrast, exempt employees may not be eligible for these benefits and protections. When an employer misclassifies an employee as exempt when he/she is really non-exempt, the employer likely owes the employee money for unpaid wages.

Example : James employs a housekeeper, Helen, who works in his house from breakfast through dinner and then goes home to her own apartment. James pays her below minimum wage because he believes domestic servants are not entitled to minimum wage. But in truth, domestic servants are entitled to minimum wage. Therefore, Helen is non-exempt and is owed by James the difference between minimum wage and the subminimum wage he paid her. 3

Learn more about t he misclassification of non-exempt employees as exempt in Nevada .

Unlike employees, independent contractors are usually not eligible for the following wage and hour benefits and protections:

In addition, employers usually have no obligation to cover independent contractors under workers’ compensation insurance. So when an employer misclassifies a worker as an independent contractor when he/she is really an employee, the employer likely owes the worker unpaid wages and other benefits.

Nevada law defines independent contractors as meeting the following five conditions:

The worker has — or applied for — an employer identification number or social security number, or has filed an income tax return for a business or for earnings from self- employment with the IRS within the prior year (unless the person is a lawfully present foreign national);
The worker is required by contract with the employer to hold any necessary state or local business license and to maintain any necessary occupational license, insurance, or bonding;
The worker may hire employees to help with the work;
The worker gives a substantial investment in his/her business; and
The worker has control over the means and manner of the performance of any work and the result of the work;
The worker has control over the time the work is performed (with some exceptions); or
The worker is not required to work solely for the employer (with some exceptions)

Therefore, any worker who does not qualify as an independent contractor is an employee. And unless the employee is “exempt” (as discussed above in section 2.1), the employee may be entitled to standard wage and hour benefits. 4

Learn more about the misclassification of employees as independent contractors in Nevada .

Nevada employers generally have to grant employees who work at least eight hours an unpaid half-hour lunch break . However, employees are not eligible for an unpaid half-hour lunch break if either:

the employer employs only one employee in a particular workplace;
the employee waived his/her right to a lunch break, such as through a collective bargaining agreement or on his/her own; or
the Nevada Office of the Labor Commissioner exempted the employer from providing meal breaks

Employer-provided lunches can count against an employee’s wage by 45¢ if the employee agrees to it. 5

If an employer makes an employee work through his/her lunch break, the employee may have a claim for overtime pay. Learn more about Nevada lunch break laws .

Nevada employers generally have to grant employees a 10-minute paid rest break for every four hours (or major fraction thereof) they work. However, employees are not eligible for paid rest breaks if either:

the employee waived his/her right to a rest break, such as through a collective bargaining agreement or on his/her own; or
the Nevada Office of the Labor Commissioner exempted the employer from providing meal breaks 6

If an employer refuses to pay for an employee’s rest break, the employee may have a claim for unpaid wages or overtime pay. Learn more about Nevada rest break laws .

Nevada employers generally have to grant employees who work more than 40 hours a week an overtime pay of 1½ times their standard hourly rate. Employees may also be eligible for “time and a half” pay for working more than 8 hours in a day if they earn less than 1½ times the Nevada minimum wage.

Employees who are generally not entitled to “time and a half” overtime pay include:

Professional, administrative, or executive employees;
Employees covered by a collective bargaining agreement which provides for overtime;
Railroad or airline employees;
Certain motor carrier employees, including drivers, loaders, and mechanics;
Taxi, limo, or delivery drivers;
Automobile salespeople and mechanics;
Farmworkers;
Employees of businesses with a gross sales volume of less than a quarter-million dollars annually;
Domestic servants who live where they work and agree in writing to forgo overtime pay; and
Employees in a retail or service business if:
their regular rate is more than 1.5 times the minimum wage, and
more than half their compensation comes from commission 7

If an employer refuses to pay eligible employees a “time and a half” rate for working extra hours, the employee may have a claim for overtime pay. Learn more about Nevada overtime pay laws and bringing overtime lawsuits in Nevada .

Nevada law requires employers to pay their employees for the time they work, even if the time occurs outside of their scheduled shift (“off the clock”). 8 Employers are not allowed to “round” the employees’ time down in an effort to avoid paying extra wages or overtime.

Typical scenarios of “off the clock” work that employers should pay for include:

Employees working from home outside of a scheduled work shift
Employees checking and writing emails outside of a scheduled work shift
Employees attending pre- or post-shift work meetings

If an employer refuses to pay employees for “off the clock” time, the employee may have a claim for unpaid wages and overtime pay. Learn more about Nevada’s “off the clock” laws .

Employers are required to pay for or reimburse employees for certain expenses. For instance, employers are generally required to pay employees no less than minimum wage for travel between work sites during a workday. (Employers are not required to reimburse employees for commuting between home and work.) 9

Employees who do not get eligible expenses reimbursed may have a claim for unpaid wages. Learn more about Nevada expense reimbursement laws and travel expense reimbursements in Nevada .

3. Damages for wage and hour claims in Nevada

If an employee files a wage and hour claim with the Nevada Labor Commissioner, the employee may be able to recover any unpaid wages plus interest.

If an employee sues the employer in civil court, the employee may be able to recover:

unpaid wages plus interest;
attorneys’ fees & court costs; and/or
punitive damages if the employer acted maliciously or in an egregious way

Note that some employers have indemnity insurance that covers any settlements and judgments arising out of wage and hour claims.

Also see our article on Nevada pay stub violations .

Work in California? Read our article on California wage and hour laws .

Legal References

See Forms for Employees , State of Nevada Department of Business & Industry Office of the Labor Commissioner
Nevada Rules of Civil Procedure 23; see, e.g. Dancer v. Golden Coin, Ltd. , 124 Nev. 28, 176 P.3d 271 (2008).
NRS 608.250 .
NRS 608.0155.
NAC 608.145; NRS 608.019.
NRS 608.016; NRS 608.018.
NRS 608.016.
NAC 608.130.

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Nevada Enacts Right to Return Law for Certain Workers Laid Off During and After COVID-19 Pandemic

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. The Act also requires notice to employees who will be laid off that is different from a federal Worker Adjustment and Retraining Notification Act (WARN) notice, if a WARN notice is required.

Further, the Act imposes certain recordkeeping and notice requirements for past and future layoffs.

The Act expires on the later of the date the Nevada governor terminates the emergency described in the Declaration of Emergency for COVID-19 issued on March 12, 2020, or August 31, 2022.

Covered Employers

The new law applies to an employer that:

“[E]mploys or exercises control over the wages, hours or working conditions of 30 or more employees” or did so on March 12, 2020; and
Who owns or operates a “covered enterprise” in Nevada.

A “covered enterprise” is “an airport hospitality operation, an airport service provider, a casino, an event center or a hotel that is located in a county whose population is 100,000 or more.” Employers should review carefully the Act’s extensive list of definitions.

Covered Current, Former Employees

The Act applies to all employees “regardless of whether the employees are represented for purposes of collective bargaining or are covered by a collective bargaining agreement,” except for the following:

Managerial and executive employees who are who are exempt from the Fair Labor Standards Act;
Theatrical or stage performers; or
Employees who are party to a valid severance agreement.

To qualify for protection under the Act’s layoff provisions, laid-off employees must have been employed for at least six months during the period of March 12, 2019, through March 12, 2020. The duration need not be consecutive. In addition, the employee’s separation must have occurred after March 12, 2020, and have been “due to a governmental order, lack of business, reduction in force, or another economic, non-disciplinary reason.”

Notice Requirements

The employer must provide the employee a written notice of the layoff in “Spanish, English and any other language that is spoken by not less than 10 percent of the employer’s workforce” that includes:

Notice of the layoff and its effective date;
A summary of the right to reemployment provided by the Act, or clear instructions on how to access such information; and
Contact information for the person designated by the employer to receive notice of a violation of the Act.

While WARN requires 60 days’ advance written notice of a “mass layoff” or a “plant closing,” the new Nevada law does not require advance notice. The notice must be provided at the time the layoff occurs. If the layoff took place before July 1, 2021, then the notice must be provided within 20 days after July 1, 2021. The notice must be given “either in person or mailed to the last known address of the employee and, [if known] by telephone, text message or electronic mail.”

The contents of the notices to affected employees under the Nevada law differ from the contents of WARN notices. Thus, employers must keep in mind that the new law’s notice requirements are in addition to, rather than instead of, WARN notices, if a WARN notice is required.

Recordkeeping Requirements

Employers must retain the following records for at least two years after the date the layoff notice is provided to the employee:

The employee’s full legal name, last job classification, and date of hire;
The employee’s last known address, email address, and telephone number;
A copy of the written layoff notice; and
Records of each offer of reemployment made to the employee including the date and time of each offer.

Reemployment Requirements

An employer must offer a laid-off employee each position: (a) which becomes available after July 1, 2021; and (b) for which the employee is “qualified.” An employee is “qualified” if they held the same position, or a similar position within the same job classification, at the time of separation from the employer. Each offer must be in writing and sent “by mail to the last known address of the employee and, [if known], by telephone, text message or electronic mail.”

Available positions must be offered first to laid-off employees who held the same position when they were separated, and then to laid off employees who held a similar position within the same job classification. If more than one laid-off employee is entitled to preference, the employer must first offer the position to the employee with the greatest length of service. Employers may extend simultaneous employment offers conditioned on applying the order of preference.

The laid-off employee must have at least 24 hours after “the employee’s receipt of the offer to accept or decline the offer.” Further, if a laid-off employee is offered a job or position and (a) does not accept or decline the offer within 24 hours or (b) is not available to return to work within five calendar days after accepting the offer, “the employer may recall the next available employee with the greatest length of service[.]”

If an employer declines to recall a laid-off employee because the employee lacks qualifications and then hires a different person, the employer must, within 30 days of such decision, notify the laid-off employee in writing and identify “all the reasons for the decision.”

Exceptions to Reemployment

After an employer makes an offer to a laid-off employee, the employer is not required to make additional offers to that employee if:

The employee states in writing that they do not wish to be considered for future open positions, or future open positions with regularly scheduled work hours that are different from those the employee worked immediately before their separation.
The employer extends and the employee declines three “bona fide offers” of employment, with not less than three weeks between each offer.
The employer attempts to make three offers of employment and (1) each offer made by mail is returned as undeliverable; (2) any offer made by electronic mail is returned as undeliverable; and (3) the employee’s telephone number is no longer in service.

Enforcement

An employer is prohibited from taking any adverse action against any person for enforcing their rights under the Act, participating in any proceedings authorized by the Act, or opposing any practice prohibited by the Act. The Nevada law provides an administrative remedy, where WARN is enforced only through lawsuits and has no administrative enforcement scheme.

Under the Act, an employee may file a complaint with the Nevada Labor Commissioner or a court after:

Providing written notice to the employer of the alleged violation and any supporting facts; and
The employer has not cured the alleged violation within 15 days after receiving the notice.

The Act also addresses rebuttable presumptions against the employer and the damages a successful employee may recover.

The Act also includes provisions dealing with purchasers and successor employers, as well as employers who move operations to a different location within the state.

Covered employers should review their personnel records to determine which employees, if any, qualify for protection under the Act and start preparing notices to send to already laid-off employees. Additionally, they should create internal policies and procedures to address the job offer and recordkeeping requirements of the Act.

Given the complexities in the new law, employers would be well-served to address specific scenarios with the assistance of counsel. Please contact your Jackson Lewis attorney to discuss these developments and your specific organizational needs.

© 2021 Jackson Lewis P.C. This material is provided for informational purposes only. It is not intended to constitute legal advice nor does it create a client-lawyer relationship between Jackson Lewis and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material. This material may be considered attorney advertising in some jurisdictions. Prior results do not guarantee a similar outcome.

Focused on labor and employment law since 1958, Jackson Lewis P.C.'s 950+ attorneys located in major cities nationwide consistently identify and respond to new ways workplace law intersects business. We help employers develop proactive strategies, strong policies and business-oriented solutions to cultivate high-functioning workforces that are engaged, stable and diverse, and share our clients' goals to emphasize inclusivity and respect for the contribution of every employee. For more information, visit https://www.jacksonlewis.com .

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Further, the Act imposes certain recordkeeping and notice requirements for past and future layoffs.

The Act expires on the later of the date the Nevada governor terminates the emergency described in the Declaration of Emergency for COVID-19 issued on March 12, 2020, or August 31, 2022.

Covered Employers

The new law applies to an employer that:

“[E]mploys or exercises control over the wages, hours or working conditions of 30 or more employees” or did so on March 12, 2020; and

Who owns or operates a “covered enterprise” in Nevada.

Covered Current, Former Employees

Managerial and executive employees who are who are exempt from the Fair Labor Standards Act;

Theatrical or stage performers; or

Employees who are party to a valid severance agreement.

Notice Requirements

Notice of the layoff and its effective date;

A summary of the right to reemployment provided by the Act, or clear instructions on how to access such information; and

Contact information for the person designated by the employer to receive notice of a violation of the Act.

Recordkeeping Requirements

Employers must retain the following records for at least two years after the date the layoff notice is provided to the employee:

The employee’s full legal name, last job classification, and date of hire;

The employee’s last known address, email address, and telephone number;

A copy of the written layoff notice; and

Records of each offer of reemployment made to the employee including the date and time of each offer.

Reemployment Requirements

Exceptions to Reemployment

After an employer makes an offer to a laid-off employee, the employer is not required to make additional offers to that employee if:

The employee states in writing that they do not wish to be considered for future open positions, or future open positions with regularly scheduled work hours that are different from those the employee worked immediately before their separation.

The employer extends and the employee declines three “bona fide offers” of employment, with not less than three weeks between each offer.

The employer attempts to make three offers of employment and (1) each offer made by mail is returned as undeliverable; (2) any offer made by electronic mail is returned as undeliverable; and (3) the employee’s telephone number is no longer in service.

Enforcement

Under the Act, an employee may file a complaint with the Nevada Labor Commissioner or a court after:

Providing written notice to the employer of the alleged violation and any supporting facts; and

The employer has not cured the alleged violation within 15 days after receiving the notice.

The Act also addresses rebuttable presumptions against the employer and the damages a successful employee may recover.

The Act also includes provisions dealing with purchasers and successor employers, as well as employers who move operations to a different location within the state.

Given the complexities in the new law, employers would be well-served to address specific scenarios with the assistance of counsel.

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Nevada Overtime Laws: A Detailed Guide to Regulations, Statutes, Calculations and More

10 min read
Published : March 19, 2024

John Macealois

March 19, 2024

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Navigating overtime laws in Nevada is an essential aspect of doing business in the state, especially in the construction industry.

Understanding these laws not only helps ensure compliance but also builds a more transparent and trust-based relationship with your workforce.

In this guide, we’re going to break down the many intricacies and specifics of Nevada’s overtime laws in a direct and straightforward way. Whether you’re a seasoned business owner or stepping into a leadership role for the first time, you’ll find valuable insights into how state laws align with, differ from, and sometimes even enhance current federal guidelines.

We’ll also offer practical advice on how to apply these rules within your operations, highlighting common areas where businesses might stumble.

Understanding Nevada Overtime Laws

Nevada’s overtime laws are notable for their unique daily overtime requirements, in addition to the standard weekly overtime provisions found in many other states.

Eligibility for Overtime

Nevada operates under a dual minimum wage structure contingent upon whether employees receive qualifying health benefits – except for employees who are not subject to overtime under NRS 608.018 . This can directly impact overtime rates and can affect your company’s compliance.

From July 1, 2023, to June 30, 2024 , Nevada’s minimum wage is $10.25 per hour for employees with health benefits, and $11.25 per hour for those without.

In Nevada, employees who are currently earning over 1.5 times the minimum wage rate — specifically, $15.375 per hour with health benefits and $16.875 per hour without — are entitled to overtime pay at 1.5 times their standard rate for any work exceeding 40 hours weekly. This aligns with the Fair Labor Standards Act , also known as the FLSA, which is the federal guideline for overtime pay.

Employees earning below these thresholds qualify for overtime pay at 1.5 times their regular rate – not only for working beyond a standard 40-hour week but also for any work exceeding 8 hours in a 24-hour timeframe, as stipulated by current Nevada law. Employers must navigate these unique nuances to comply with state regulations and avoid potential legal issues.

Calculation of Overtime Pay

To calculate overtime pay:

The overtime rate is one and a half times the employee’s regular pay rate.
This overtime rate applies to both scenarios of exceeding 40 hours a week and exceeding 8 hours in a 24-hour period.

Key Exemptions

Certain employees are exempt from Nevada’s overtime laws , including commissioned salespeople, agricultural workers, taxi and limousine drivers, and independent contractors, among others. It’s important for employers to correctly classify their employees to avoid compliance issues.

Practical Compliance Tips

To ensure compliance with Nevada overtime laws, employers should:

Accurately track employee hours to manage daily and weekly overtime.
Be mindful of the exemptions and ensure employees are correctly classified.
Consider using reliable scheduling and time-tracking software like Workyard to simplify overtime compliance.

Want to ensure your company stays compliant with overtime and other wage laws in Nevada – or any other state? Try Workyard!

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Accurately track time worked with precise GPS and geofencing
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Click the links above to discover how Workyard can help handle your employment compliance needs, or go to the link below to start a fully-featured 14-day free trial today:

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Comparison with federal overtime laws.

Nevada overtime laws are unique from federal regulations in several key areas, creating a mixed bag of implications for businesses and employees alike.

Alignment with Federal Laws

Both Nevada and federal overtime laws, as outlined in the FLSA, mandate that nonexempt employees are entitled to overtime pay at 1.5 times their regular rate for hours worked beyond 40 in a workweek.

This common ground ensures a baseline of protection for employees across the United States, including Nevada.

Differences from Federal Regulations

Nevada distinguishes itself from federal overtime laws with an additional requirement for daily overtime, which places more obligations on employers within the state.

Employees in Nevada are eligible for overtime pay not just for working over 40 hours in a week, but also for working more than 8 hours in any given 24-hour period unless they earn more than 1.5 times the minimum wage.

Furthermore, Nevada’s unique two-tier minimum wage system impacts the calculation of overtime pay for those at the lower end of the wage scale, setting Nevada apart from federal guidelines (and those of most other states as well).

Implications for Businesses and Employees

For businesses, especially those operating both within and outside of Nevada, these differences necessitate a careful, tailored approach to payroll management. Employers must ensure they comply with both sets of laws, which may require adjusting scheduling, payroll practices, and even benefits offerings to navigate the complexities of Nevada’s laws effectively.

On the other hand, employees may find themselves better protected in terms of overtime compensation, particularly with the daily overtime provision. This can result in higher earnings for those working long shifts and offers financial security and compensation for extended workdays not guaranteed under federal law.

Common Misconceptions and Pitfalls

Understanding Nevada’s overtime laws is crucial for businesses, especially those in industries with fluctuating workloads like ones in the construction industry.

However, several common misconceptions and pitfalls can lead to non-compliance, unintentionally putting businesses at risk of penalties or legal action.

Common Misconceptions

Daily vs. Weekly Overtime: A widespread misunderstanding is that overtime is only based on the standard 40-hour workweek. In Nevada, employees are entitled to overtime for exceeding 40 hours in a week and for working more than 8 hours in any 24-hour period, unless they earn more than 1.5 times the minimum wage. Employers who are unfamiliar with state-specific regulations often overlook this unique and daily overtime requirement.
Exemption Errors: Another misconception lies in who is exempt from overtime. While certain positions are exempt under federal law, Nevada’s criteria may differ, leading employers to mistakenly assume that all salaried employees are exempt from overtime pay.

Typical Mistakes

Misclassification of Employees: One of the most common errors is misclassifying workers as independent contractors or exempt employees, thereby denying them overtime pay. This misclassification can lead to significant legal and financial repercussions.
Failing to Track Hours Properly: Not accurately tracking hours worked, especially in jobs with variable schedules or off-site work, can result in failure to pay owed overtime. Employers must ensure they have reliable systems to capture all work hours accurately, including those exceeding the 8-hour daily threshold.
Not Paying Unauthorized Overtime: Some businesses mistakenly believe they do not have to pay for overtime that they did not authorize in advance. However, under Nevada law, if an employee works overtime, they are entitled to be paid for it, regardless of prior authorization.
Underestimating State Law: A significant pitfall is assuming federal law supersedes state law. State law prevails in areas where Nevada law provides greater protection or benefits (like daily overtime), and employers must comply with these stricter standards.

Best Practices for Compliance

Ensuring compliance with Nevada overtime laws is essential for maintaining a lawful and fair workplace, and following certain best practices is key to doing so.

For Employers

Understand the Law: First and foremost, thoroughly understand federal and Nevada state overtime laws. Since Nevada’s regulations include unique provisions, such as daily overtime, staying informed through reliable sources and possibly legal counsel is crucial.
Implement Accurate Tracking Systems: Use reliable time tracking systems to accurately record all hours worked by employees, which includes start and end times for each workday to ensure compliance with daily overtime rules.
Regularly Audit Payroll Practices: Conduct regular audits of your payroll practices to ensure they comply with overtime laws, including reviewing classifications of employees as exempt or non-exempt and ensuring overtime is calculated and paid correctly.
Train Management: Educate your management team on compliance with overtime laws. Ensure they understand the rules around authorizing overtime and the necessity of paying for all hours worked, regardless of prior approval.
Maintain Open Communication: Establish clear communication channels for employees to report concerns or questions about their pay, including overtime, as this can help identify and rectify issues before they escalate.

For Employees

Know Your Rights: Familiarize yourself with Nevada’s overtime laws and your eligibility for overtime pay. Understanding the distinction between daily and weekly overtime in Nevada is a good starting point.
Keep Personal Records: Maintain your own records of hours worked, including start, end, and break times each day. This can be invaluable if there’s a discrepancy with your employer’s records.
Report Concerns Promptly: If you believe you’re not being paid correctly, first address the issue with your employer. Many times, discrepancies are due to misunderstandings or errors that can be quickly resolved.
Seek Assistance if Needed: If you cannot resolve your concerns directly with your employer, consider seeking advice from the Nevada Office of the Labor Commissioner or a legal professional specializing in employment law.

Staying Compliant with Nevada’s Overtime Laws

Nevada overtime laws embody a blend of federal standards and state-specific nuances, presenting a unique regulatory environment for businesses and workers alike.

Key Takeaways

Nevada mandates overtime pay not just for any hours worked beyond 40 in a workweek similarly to federal law, it also requires employers to pay overtime for employees working more than 8 hours in a 24-hour period.
Employers in Nevada must accurately classify employees and track hours to manage daily and weekly overtime compliance, avoiding common pitfalls such as misclassifying employees and failing to pay for unauthorized overtime work.
While aligning with the federal baseline of 1.5 times the regular rate for hours beyond 40 in a workweek, Nevada's overtime laws diverge significantly by introducing daily overtime and a two-tier minimum wage system influenced by health benefits. Thankfully, using a powerful time-tracking system like Workyard helps make compliance easy.

For businesses, especially those in sectors with variable work hours like construction, navigating these laws requires meticulous record-keeping, accurate time tracking, and a proactive approach to payroll management.

The potential pitfalls of misclassifying employees as exempt or non-exempt, and misunderstandings about when and how overtime should be paid, highlight the need for ongoing education and vigilance.

Given the complexities and potential for costly errors, a natural next step for businesses aiming to ensure compliance is to consult with an employment law expert. Legal professionals can provide personalized advice tailored to your specific business model and workforce, helping navigate the intricacies of state and federal regulations.

📖 Further Reading

For a closer look into some key best practices for managing overtime and ensuring compliance, a follow-up read on our blog offers practical insights: Tracking Overtime: A Comprehensive Guide . It’s designed to help businesses implement effective strategies for managing overtime, leveraging technology to streamline tracking and compliance processes.

By embracing these resources and seeking expert guidance, businesses can create a compliant, efficient, and fair work environment that benefits both employers and employees, ensuring that the hard work of all team members is recognized and rewarded appropriately.

For many businesses, the only real solution to compliance challenges is great software. The right business management software tends to come with built-in compliance and recordkeeping rules, regardless of your industry, how many employees you have, what they do, or how widely they’re dispersed across the state (or country).

If you operate a construction or field services company, we humbly suggest trying Workyard for your compliance needs.

Workyard is built around the industry’s most accurate GPS tracking and geofencing technology , which ensures payroll accuracy across your workforce, no matter which job site you send them to or when you need them to work there. Workyard’s timesheet tracking system also comes with built-in federal and state overtime rules, as well as adjustable break rules you can customize at the employee level.

Workyard’s intuitive scheduling dashboard makes it easy to direct your workforce to the jobs you need to do based on their skill sets, locations, availability, and (of course) their weekly time worked – so you can avoid unnecessary overtime payments and reduce reimbursable travel expenses.

All of these tools work together to save you money. Minimize payroll waste, ensure regulatory compliance without lifting a finger, accurately assess project costs in real-time, and pay your team easily, thanks to seamless payroll processing integrations.

Best of all, you can try it free for 14 days, so you can be sure it’s the right solution for your company. Just click here (or the buttons below) to get started today !

Did you find this post helpful? Please rate it!

DOL. “Wages and the Fair Labor Standards Act.” Accessed on February 9, 2024.

QuickBooks. “Nevada Overtime Laws.” Accessed on February 11, 2024.

Nevada Employers Association. “Nevada Minimum Wage & Daily Overtime Threshold Increases Go Into Effect July 1st.” Accessed on February 11, 2024.

Minimum-Wage.org. “Nevada Overtime Laws – Overtime Pay Rate in Nevada.” Accessed on February 11, 2024.

Nevada Labor Commission. “2023 Annual Bulletin – Daily Overtime.” Accessed on February 11, 2024.

Nevada Department of Business and Industry, Office of the Labor Commissioner. “Home Page.” Accessed on February 11, 2024.

Nevada Department of Business and Industry. “Nevada’s minimum wage and daily overtime rates to increase July 1, 2023.” Accessed on February 11, 2024.

Nevada Department of Health and Human Services. “NRS 608.018.” Accessed on February 11, 2024.

Nevada Department of Business and Industry, Office of the Labor Commissioner. “Exempt Employees.” Accessed on February 11, 2024.

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What the New Overtime Rule Means for Workers

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One of the basic principles of the American workplace is that a hard day’s work deserves a fair day’s pay. Simply put, every worker’s time has value. A cornerstone of that promise is the Fair Labor Standards Act ’s (FLSA) requirement that when most workers work more than 40 hours in a week, they get paid more. The Department of Labor ’s new overtime regulation is restoring and extending this promise for millions more lower-paid salaried workers in the U.S.

Overtime protections have been a critical part of the FLSA since 1938 and were established to protect workers from exploitation and to benefit workers, their families and our communities. Strong overtime protections help build America’s middle class and ensure that workers are not overworked and underpaid.

Some workers are specifically exempt from the FLSA’s minimum wage and overtime protections, including bona fide executive, administrative or professional employees. This exemption, typically referred to as the “EAP” exemption, applies when:

1. An employee is paid a salary,

2. The salary is not less than a minimum salary threshold amount, and

3. The employee primarily performs executive, administrative or professional duties.

While the department increased the minimum salary required for the EAP exemption from overtime pay every 5 to 9 years between 1938 and 1975, long periods between increases to the salary requirement after 1975 have caused an erosion of the real value of the salary threshold, lessening its effectiveness in helping to identify exempt EAP employees.

The department’s new overtime rule was developed based on almost 30 listening sessions across the country and the final rule was issued after reviewing over 33,000 written comments. We heard from a wide variety of members of the public who shared valuable insights to help us develop this Administration’s overtime rule, including from workers who told us: “I would love the opportunity to...be compensated for time worked beyond 40 hours, or alternately be given a raise,” and “I make around $40,000 a year and most week[s] work well over 40 hours (likely in the 45-50 range). This rule change would benefit me greatly and ensure that my time is paid for!” and “Please, I would love to be paid for the extra hours I work!”

The department’s final rule, which will go into effect on July 1, 2024, will increase the standard salary level that helps define and delimit which salaried workers are entitled to overtime pay protections under the FLSA.

Starting July 1, most salaried workers who earn less than $844 per week will become eligible for overtime pay under the final rule. And on Jan. 1, 2025, most salaried workers who make less than $1,128 per week will become eligible for overtime pay. As these changes occur, job duties will continue to determine overtime exemption status for most salaried employees.

Who will become eligible for overtime pay under the final rule? Currently most salaried workers earning less than $684/week. Starting July 1, 2024, most salaried workers earning less than $844/week. Starting Jan. 1, 2025, most salaried workers earning less than $1,128/week. Starting July 1, 2027, the eligibility thresholds will be updated every three years, based on current wage data. DOL.gov/OT

The rule will also increase the total annual compensation requirement for highly compensated employees (who are not entitled to overtime pay under the FLSA if certain requirements are met) from $107,432 per year to $132,964 per year on July 1, 2024, and then set it equal to $151,164 per year on Jan. 1, 2025.

Starting July 1, 2027, these earnings thresholds will be updated every three years so they keep pace with changes in worker salaries, ensuring that employers can adapt more easily because they’ll know when salary updates will happen and how they’ll be calculated.

The final rule will restore and extend the right to overtime pay to many salaried workers, including workers who historically were entitled to overtime pay under the FLSA because of their lower pay or the type of work they performed.

We urge workers and employers to visit our website to learn more about the final rule.

Jessica Looman is the administrator for the U.S. Department of Labor’s Wage and Hour Division. Follow the Wage and Hour Division on Twitter at  @WHD_DOL and LinkedIn . Editor's note: This blog was edited to correct a typo (changing "administrator" to "administrative.")

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April 22, 2024

Making history: brightline west breaks ground on america’s first high-speed rail project connecting las vegas to southern california , officials hammer the first spike commemorating the groundbreaking for brightline west.

LAS VEGAS (April 22, 2024) – Today, Brightline West officially broke ground on the nation's first true high-speed rail system which will connect Las Vegas to Southern California. The 218-mile system will be constructed in the middle of the I-15 and is based on Brightline’s vision to connect city pairs that are too short to fly and too far to drive. Hailed as the greenest form of transportation in the world, Brightline West will run zero emission, fully electric trains capable of speeds of 200 miles per hour. Brightline West is a watershed project for high-speed rail in America and will establish the foundation for the creation of a new industry and supply chain. The project was recently awarded $3 billion in funding from President Biden’s Bipartisan Infrastructure Bill. The rest of the project will be privately funded and has received a total allocation of $3.5 billion in private activity bonds from USDOT.

The groundbreaking included remarks from U.S. Transportation Secretary Pete Buttigieg, Brightline Founder Wes Edens, Nevada Gov. Joe Lombardo, Sen. Catherine Cortez Masto, Sen. Jacky Rosen, Senior Advisor to President Biden Steve Benjamin and Vince Saavedra of the Southern Nevada Building Trades. In addition, Nevada Reps. Dina Titus, Susie Lee and Steve Horsford and California Reps. Pete Aguilar and Norma Torres made remarks and joined the celebration. More than 600 people, including union representatives, project supporters and other state and local officials from California and Nevada, attended the event.

“People have been dreaming of high-speed rail in America for decades – and now, with billions of dollars of support made possible by President Biden’s historic infrastructure law, it’s finally happening,” said Secretary Buttigieg. “Partnering with state leaders and Brightline West, we’re writing a new chapter in our country’s transportation story that includes thousands of union jobs, new connections to better economic opportunity, less congestion on the roads, and less pollution in the air.”

“This is a historic project and a proud moment where we break ground on America’s first high-speed rail system and lay the foundation for a new industry,” said Wes Edens, Brightline founder. “Today is long overdue, but the blueprint we’ve created with Brightline will allow us to repeat this model in other city pairs around the country.”

CONSTRUCTION OF BRIGHTLINE WEST

Brightline West's rail system will span 218 miles and reach speeds of 200 mph. The route, which has full environmental clearance, will run within the median of the I-15 highway with zero grade crossings. The system will have stops in Las Vegas, Nev., as well as Victor Valley, Hesperia and Rancho Cucamonga, Calif.

The privately led infrastructure project is one of the largest in the nation and will be constructed and operated by union labor. It will use 700,000 concrete rail ties, 2.2 million tons of ballast, and 63,000 tons of 100% American steel rail during construction. Upon completion, it will include 322 miles of overhead lines to power the trains and will include 3.4 million square feet of retaining walls. The project covers more than 160 structures including viaducts and bridges. Brightline West will be fully Buy America Compliant.

STATIONS AND FACILITIES

Brightline West will connect Southern California and Las Vegas in two hours or almost half the time as driving. The Las Vegas Station will be located near the iconic Las Vegas Strip, on a 110-acre property north of Blue Diamond Road between I-15 and Las Vegas Boulevard. The site provides convenient access to the Harry Reid International Airport, the Las Vegas Convention Center and the Raiders’ Allegiant Stadium. The station is approximately 80,000 square feet plus parking.

The Victor Valley Station in Apple Valley will be located on a 300-acre parcel southeast of Dale Evans Parkway and the I-15 interchange. The station is intended to offer a future connection to the High Desert Corridor and California High Speed Rail. The Victor Valley Station is approximately 20,000 square feet plus parking.

The Rancho Cucamonga Station will be located on a 5-acre property at the northwest corner of Milliken Avenue and Azusa Court near Ontario International Airport. The station will be co-located with existing multi-modal transportation options including California Metrolink, for seamless connectivity to Downtown Los Angeles and other locations in Los Angeles, Orange, San Bernardino and Riverside Counties. The Rancho Cucamonga Station is approximately 80,000 square feet plus parking.

The Hesperia Station will be located within the I-15 median at the I-15/Joshua Street interchange and will function primarily as a local rail service for residents in the High Desert on select southbound morning and northbound evening weekday trains.

The Vehicle Maintenance Facility (VMF) is a 200,000-square-foot building located on 238 acres in Sloan, Nev., and will be the base for daily maintenance and staging of trains. This site will also serve as one of two hubs for the maintenance of way operations and the operations control center. More than 100 permanent employees will report on a daily basis once operations begin and will serve as train crews, corridor maintenance crews, or operations control center teammates. A second maintenance of way facility will be located adjacent to the Apple Valley station.

The Las Vegas and Southern California travel market is one of the nation’s most attractive corridors with over 50 million trips between the region each year. Additionally, Las Vegas continues to attract visitors from around the world, with 4.7 million international travelers flying into the destination. The city dubs itself on being the world’s No. 1 meeting destination, welcoming nearly 6 million people to the Las Vegas Convention Center last year.

In California, approximately 17 million Southern California residents are within 25 miles of the Brightline West station sites. Studies show that one out of every three visits to Las Vegas come from Southern California.

ECONOMIC & ENVIRONMENTAL BENEFITS

Brightline West's $12 billion infrastructure investment will create over $10 billion in economic impact for Nevada and California and will generate more than 35,000 jobs, including 10,000 direct union construction roles and 1,000 permanent operations and maintenance positions. The investment also includes over $800 million in improvements to the I-15 corridor and involves agreements with several unions for skilled labor. The project supports Nevada and California's climate goals by offering a no-emission mobility option that reduces greenhouse gasses by over 400,000 tons of CO2 annually – reducing vehicle miles traveled by more than 700 million each year and the equivalent of 16,000 short-haul flights. The company will also construct three wildlife overpasses, in partnership with the California Department of Fish and Wildlife and Caltrans for the safe passage of native species, primarily the bighorn sheep.

BRIGHTLINE FLORIDA

Brightline’s first rail system in Florida connecting Miami to Orlando began initial service between its South Florida stations in 2018. In September 2023, Brightline’s Orlando station opened at Orlando International Airport, connecting South Florida to Central Florida. The company has plans to expand its system with future stops in Tampa, Florida’s Space Coast in Cocoa and the Treasure Coast in Stuart.

BRIGHTLINE WEST

ABOUT BRIGHTLINE WEST

Brightline is the only private provider of modern, eco-friendly, intercity passenger rail service in America – offering a guest-first experience designed to reinvent train travel and take cars off the road by connecting city pairs and congested corridors that are too short to fly and too long to drive. Brightline West will connect Las Vegas and Southern California with the first true high-speed passenger rail system in the nation. The 218-mile, all-electric rail service will include a flagship station in Las Vegas, with additional stations in Victor Valley and Rancho Cucamonga. At speeds up to 200 miles per hour, trains will take passengers from Las Vegas to Rancho Cucamonga in about two hours, twice as fast as the normal drive time.

Brightline is currently operating its first passenger rail system connecting Central and South Florida with stations in Miami, Aventura, Fort Lauderdale, Boca Raton, West Palm Beach, and Orlando, with future stations coming to Stuart and Cocoa. For more information, visit www.brightlinewest.com and follow on LinkedIn , X , Instagram and Facebook .

QUOTE SHEET

“Through this visionary partnership, we are going to create thousands of jobs, bring critical transportation infrastructure to the West, and create an innovative, fast, and sustainable transportation solution. Nevada looks forward to partnering with Brightline on this historic project.” - Governor Joe Lombardo, Nevada

“Today, not only are we breaking ground on a historic high-speed rail project here in Nevada, we are breaking ground on thousands of good paying American jobs, union jobs.” - Steve Benjamin, Senior Advisor to the President and Director of the White House Office of Public Engagement

“For decades, Nevadans heard about the promise of high-speed rail in our state, and I’m proud to have led the charge to secure the funding to make it a reality. Today’s groundbreaking is the beginning of a new era for southern Nevada -- creating thousands of good-paying union jobs, bringing in billions of dollars of economic development, enhancing tourism to the state, reducing traffic, and creating a more efficient and cleaner way to travel. This is a monumental step, and I’m glad to have worked across the aisle to make this project come true.” - Senator Jacky Rosen (D-NV)

“Having high-speed rail in Las Vegas will electrify our economy in Southern Nevada, and I’m thrilled to celebrate this milestone today. This project is on track to create tens of thousands of good-paying union jobs while cutting down traffic on I-15, and I’ll keep working with the Biden Administration to get this done as quickly as possible and continue delivering easier and cleaner transportation options for everyone in Nevada.” - Senator Catherine Cortez Masto (D-NV)

“Today’s groundbreaking is a historic step in modernizing rail service in the United States. Californians driving between the Los Angeles region and Las Vegas often face heavy traffic, causing emissions that pollute the air in surrounding communities. The Brightline West Project will provide travelers with more options—helping Californians and visitors alike get to their final destination without facing gridlock on the road.” - Senator Alex Padilla (D-Calif.)

"High-speed rail in the Southwest has been a dream as far back as the nineties when Governor Bob Miller appointed me to the California-Nevada Super Speed Train Commission. As a senior Member of the House Transportation & Infrastructure Committee, I am honored to have helped write the Bipartisan Infrastructure Law and secure $3 billion to turn that dream into a reality which will generate millions of dollars in tax revenue, reduce carbon emissions by easing traffic on Interstate 15, and create thousands of good-paying union jobs. I am proud to stand with advocates and transportation leaders as we break ground on the Brightline West project and look forward to welcoming high-speed passenger rail to Southern Nevada." - Congresswoman Dina Titus (NV-1)

“For decades, high-speed rail was just a dream in southern Nevada – but now, I’m beyond proud that we finally made it a reality. I worked across the aisle to help negotiate, craft, and ultimately pass the Bipartisan Infrastructure Law because I knew it would kickstart transformative projects like Brightline West that will stand the test of time. Together, we’re cutting down on traffic, boosting our tourism economy, and creating thousands of good-paying union jobs.” - Congresswoman Susie Lee (NV-3)

“I am proud to join Brightline West for the groundbreaking of this monumental project for Southern Nevada and the southwestern United States. By connecting Las Vegas to Southern California via high-speed rail, we will boost tourism, reduce congestion on the I-15 corridor, and create jobs. The impact on our local economy and the people of the Silver State will be tremendous. In my conversations with Secretary Buttigieg, Brightline West, and our Nevada labor leaders, I know that local workers and our Nevada small businesses will benefit from this transformational investment. This will be the nation's first true high-speed rail system, blazing a new path forward for our nation’s rail infrastructure, and we hope it will serve as a blueprint for fostering greater regional connections for many other cities across the country. - Congressman Steven Horsford (NV-4)

“Brightline West’s groundbreaking today marks the construction of a dynamic high-speed rail system that will link Las Vegas, Hesperia, and Apple Valley to Rancho Cucamonga’s Metrolink Station, creating new jobs and fostering economic growth in California’s 23rd Congressional District. This convenient alternative to driving will reduce the number of cars on the road, decreasing emissions and reducing congestion in our High Desert communities. This is an exciting step and I look forward to the completion of this project.” - Congressman Jay Obernolte (CA-23)

"Today's groundbreaking on the Brightline West high-speed rail project marks an incredible milestone in the Biden-Harris Administration's commitment to fulfilling the promise of high-speed rail and emissions-free transportation across the country. As a longtime supporter of this project, I helped pass the Bipartisan Infrastructure Law, which has already invested over $3 billion to support the completion of this project. By increasing transportation options, spurring job creation and new economic opportunities, and improving our environment through cutting over 400,000 tons of carbon pollution each year, this project will be transformative to my district and all of Southern California for generations—particularly in and around the last stop in Rancho Cucamonga. With the goal of being operational in time for Los Angeles to host the Summer Olympic Games in 2028, I look forward to Brightline West facilitating travel for the millions visiting our region and elevating our 21st-century connectivity on the global stage." - Congresswoman Judy Chu (CA-28)

"As the Member of Congress that represents the City of Rancho Cucamonga and a member of the House Appropriations Subcommittee on Transportation, Housing, and Urban Development, it is my honor to participate in breaking ground on one of the most highly anticipated high-speed rail projects in the country. We gathered today thanks to the Biden Administration's leadership, which enacted the Bipartisan Infrastructure Law and the Inflation Reduction Act to fund vital projects like this and transform our economy. The Brightline project is a stellar illustration of the power of successful public-private partnerships. Thanks to all the labor unions, Tribes, and wildlife advocates for their hard work, which brought this project to life. The bright line is fully electric and has zero emissions, which is excellent for our environment. I am eagerly anticipating the completion of this project in my district and look forward to seeing everyone there." - Congresswoman Norma J. Torres (CA-35)

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2023 Nevada Labor Law Posters ⭐
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COMMENTS

NAC: CHAPTER 608
NAC 608.255"Wage and Hour Division" defined. ( NRS 232.320, 608.250) "Wage and Hour Division" means the Wage and Hour Division of the United States Department of Labor. (Added to NAC by Dep't of Human Resources, eff. 2-14-89) NAC 608.257"Worker with a disability" defined.
Travel Expense Reimbursements for Employees in Nevada
Nevada wage and hour laws do not require private employers to reimburse employees for business-related travel expenses, but many do anyway. Employers who break their contracts with their workers by not covering travel costs face potential lawsuits and hefty punitive damages. As of October 2023, Nevada law mandates that state and county employees receive the
NRS: CHAPTER 608
NRS608.016Payment for each hour of work; trial or break-in period not excepted. Except as otherwise provided in NRS 608.0195 and 608.215, an employer shall pay to the employee wages for each hour the employee works. An employer shall not require an employee to work without wages during a trial or break-in period.
PDF Overview of Nevada Wage and Hour Laws; 2021 Legislative Updates; and
The Office of the Labor Commissioner (OLC) is the principal wage and hour and labor regulatory agency for the State of Nevada. The OLC is responsible for ensuring that minimum wage, prevailing wage, and overtime are paid to employees in Nevada, and that employee rest, break, and lunch periods are provided. In addition, the OLC has authority ...
Labor Commissioner
The Office of the Labor Commissioner (OLC) is the principal wage and hour and labor regulatory agency for the State of Nevada. The OLC is responsible for ensuring that minimum wage, prevailing wage, and overtime are paid to employees in Nevada, and that employee rest, break, and lunch periods are provided. In addition, the OLC has authority ...
Nevada Labor Laws 2024
Nevada labor laws require employers to pay overtime at the rate of one and one-half time (1½ times) an employee's regular rate for all hours worked in excess of 40 hours in a workweek to all employees, unless otherwise exempt. ... Nevada labor law regarding hours worked including rest breaks, meal breaks, on-call, waiting, travel, sleeping ...
Work Expense & Mileage Reimbursement in Nevada
Government agencies in Nevada are required to reimburse their employees for eligible work-related travel expenses. Note that the standard mileage reimbursement rate is 67 ¢ a mile. In this article, our Las Vegas Nevada labor law attorneys discuss: 1. Reimbursable work expenses in Nevada; 2. Travel expenses and mileage reimbursements; 3. Work ...
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In the early days of Nevada, employment laws were rudimentary, focusing on issues such as wage payment, working hours, and safety regulations in labor-intensive industries like mining. Over time, as the state's economy diversified and evolved, these laws have expanded to accommodate new sectors and changing societal expectations.
NRS: CHAPTER 613
2. If an employer fails to provide the notice required by paragraph (b) of subsection 1 of NRS 613.750, the Labor Commissioner shall impose against the employer a civil penalty of $5,000 and an additional civil penalty of $500 for each day the employer fails to provide the notice, up to a maximum of 30 days.
PDF Nevada Quick and Easy Guide to Labor & Employment Law
Nevada labor laws require employers with 50 or more employees to provide employees with at least 0.01923 hours of paid leave for each hour worked, which may be used for a wide variety of purposes, including sick time and caring for others. Nev. Rev. Stat. § 608.0197.
Do Nevada Employees Have to Be Paid for Travel ...
Regulations state that employers must pay at least minimum wage for "any travel or training that is considered to be time worked by the employee.". ( NAC 608.130 (1) ). Travel specifically includes travel between different work sites during a workday and when an employee provides transportation for another employee as a benefit of the ...
Nevada Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and
Nevada employers must also provide full-time employees with a paid 10-minute break for every three and a half hours worked and another 10-minute break after seven hours of continuous work. However, these rest breaks apply only to full-time employees working at locations with more than two employees.
Nevada Employment And Labor Laws
NV Statute 608.016 Hours worked includes all time employees work at the direction of their employer, including any time an employee works outside of their scheduled shift. NV Admin Code 608.115 (1) Employers are required to pay employees for all hours worked regardless of the manner in which employees are paid, whether it is by hourly rate ...
Total Recall? Key Takeaways on the Nevada Hospitality and Travel
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 due to the pandemic be given priority to be offered their former jobs
Nevada Employment Laws 2024
Save time! Get The 2024 Nevada HR Law Reference Guide (Printable PDF) today! Nevada employment laws impact the daily lives of employees and employers in Nevada. Residents of Nevada have many questions that affect them every day regarding employment laws in Nevada from wage and hour laws, hours worked laws, wage payments laws, leave laws, child ...
PDF Overview of Nevada Wage and Hour Laws; 2023 Legislative Updates; and
The Office of the Labor Commissioner (OLC) is the principal wage and hour and labor regulatory agency for the State of Nevada. The OLC is responsible for ensuring that minimum wage, prevailing wage, and overtime are paid to employees in Nevada, and that employee rest, break, and lunch periods are provided. In addition, the OLC has authority ...
Nevada Wage & Hour Claims
Learn more about Nevada expense reimbursement laws and travel expense reimbursements in Nevada. 3. Damages for wage and hour claims in Nevada. If an employee files a wage and hour claim with the Nevada Labor Commissioner, the employee may be able to recover any unpaid wages plus interest.
PDF Rules to be Observed by Employers April 6 2022
Authorized rest periods shall be counted as hours worked, for which there shall be no deduction from wages. Effective July 1, 2022, each employer shall pay a wage to each employee of not less than $9.50 per hour worked if the employer offers qualified health benefits, or $10.50 per hour if the employer does not offer qualified health benefits.
PDF LABOR AND EMPLOYMENT LAWS IN NEVADA
While some areas of labor and employment law are governed exclusively by federal law, others are covered by supplemental (or overlapping) state law. In general, federal law serves to establish the threshold of what an employer absolutely must do, and the minimum to which employees are entitled in various situations.
Nevada Enacts Right to Return Law for Certain Workers Laid Off During
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. The Act also requires notice to employees who will be laid off that is different from a ...
Nevada Enacts Right to Return Law for Certain Laid Off Workers
Nevada Enacts Right to Return Law for Certain Laid Off Workers. 702-921-2460. Bio and Articles. 914-872-6887. Bio and Articles. 702-921-2467. Bio and Articles.
Nevada Overtime Laws: A Detailed Guide to Regulations, Statutes
In Nevada, employees who are currently earning over 1.5 times the minimum wage rate — specifically, $15.375 per hour with health benefits and $16.875 per hour without — are entitled to overtime pay at 1.5 times their standard rate for any work exceeding 40 hours weekly.
What the New Overtime Rule Means for Workers
The Department of Labor's new overtime regulation is restoring and extending this promise for millions more lower-paid salaried workers in the U.S. Overtime protections have been a critical part of the FLSA since 1938 and were established to protect workers from exploitation and to benefit workers, their families and our communities.
Brightline West Breaks Ground on America'S First High-speed Rail
The Las Vegas and Southern California travel market is one of the nation's most attractive corridors with over 50 million trips between the region each year. ... includes over $800 million in improvements to the I-15 corridor and involves agreements with several unions for skilled labor. The project supports Nevada and California's climate ...
Tesla to lay off 693 employees in Nevada, government notice says
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Nevada Paid Leave Law
Under Nevada Statutes 608.0197, employers with 50 or more employees must provide employees, except temporary, seasonal or on-call employees, at least 0.01923 hours of paid leave for each hour of work performed. Employees with fewer than 50 employees are not required to provide employees with the paid leave benefits required by this law.
Fact Sheet on FTC's Proposed Final Noncompete Rule
We enforce federal competition and consumer protection laws that prevent anticompetitive, deceptive, and unfair business practices. View Enforcement. Search or browse the Legal Library. Find legal resources and guidance to understand your business responsibilities and comply with the law.
FTC bans employers from using noncompete clauses
The Federal Trade Commission on Tuesday voted to ban for-profit US employers from making employees sign agreements with noncompete clauses. Such a ban could affect tens of millions of workers.

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