Update Applicable to:
Employers of the below industries in Nevada
On June 8, 2021, Governor Sisolak approved Senate Bill 386 (Nevada Hospitality and Travel Workers Right to Return Act) into law.
What are the details?
The bill is set to be effective July 1, 2021, and will remain in effect until the Nevada governor terminates the emergency or August 21, 2022. The bill will impact employers in the following “covered enterprises”:
- 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; and
- Employs or exercises control over the wages, hours or working conditions of 30 or more employees” or did so on March 12, 2020.
The bill requires employers to offer their former employees, that were laid off or furloughed due to the COVID-19 pandemic, the opportunity to return to work. It also requires a notice to employees who will be laid off that is different from a federal Worker Adjustment and Retraining Notification Act (WARN) notice.
Employers must provide 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.
The bill does not require advance notice of the layoff to be provided but must be provided at the time the layoff occurs. If the layoff took place before July 1, 2021, 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, by telephone, text message or electronic mail.” Because the contents of the notices under this Bill differ from the WARN notices, employers should keep in mind that the bill’s requirements are in addition to the WARN notice, if a WARN notice is required.
In order for an employee to qualify for protection under the bill’s layoff provisions, laid-off employees must have been employers for at least six months during the period of March 12, 2019, through March 12, 2020. The six months do not need to be consecutive, and 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. The Bill applies to all employees, 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.
Employers must also 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.
An employer must offer laid-off employees each position that becomes available after July 1, 2021, and that the employee is “qualified” for. An employee is considered “qualified” if they held the same or similar position within the same job qualification at the time of separation from the employer.
The 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. The more than one laid-off employee is entitled, 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. 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.
The laid-off employee must have at least 24 hours after receipt of the offer, to accept or decline the offer. If a laid-off employee is offered a job or position and either does not accept/decline the offer within 24 hours or is not available to return to work within five calendar days after accepting the offer, the employer may recall it to the next available employee with the greatest length of service.
If an employer does not recall a laid-off employee because the employee lacks qualifications and then hires a different person, the employer notifies the laid-off employee in writing and identifies all the reasons for the decisions within thirty days of the decision.
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 each offer made by mail is returned as undeliverable; any offer made by electronic mail is returned as undeliverable; and the employee’s telephone number is no longer in service.
The bill can be read here.
An article on the bill can be read here.
What do employers need to do?
Applicable employers should review the law and its procedures to be in compliance with hiring starting the effective date. The law firm, Jackson Lewis P.C., recommends that employers carefully review the Act’s extensive list of definitions and their personnel records to confirm if they and any of their employees are covered.