July 2021: Nevada Employers Must Now Post DETR Notices

Update Applicable to:
All employers in Nevada.

What happened?
On May 29, 2021, Governor Sisolak approved Assembly Bill 307.

What are the details?
The bill, effective as of October 1, 2021, instructs that the Department of Employment, Training and Rehabilitation (DETR) prepare notices regarding the job training and services it proves. Employers in private employment are required to post and maintain DETR’s notice(s) concerning its job services and employment programs. The notices must be posted in a conspicuous place where notices are customarily posted and read.

The bill can be read here.

A short article on the bill can be read here.

What do employers need to do?
Employers should stay aware of any notices that the DETR provides and have them posted when available or updated.

July 2021: Nevada Enacts Right to Return Act for Hospitality and Travel Employees

Update Applicable to:
Employers of the below industries in Nevada

What happened?
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.

July 2021: Nevada Law Makes Hair-Based Discrimination Illegal

Update Applicable to:
All employers in Nevada.

What happened?
On June 2, 2021, Senate Bill 327 was approved by Governor Sisolak.

What are the details?
The bill was put into effect beginning June 2, 2021, making hair-based discrimination illegal. The law prohibits discrimination based on traits that are typically associated with race, including hair texture and protective hairstyles.

Protective hairstyles include natural hairstyles, afros, bantu knots, curls, braids, locks, and twists. Notwithstanding the protections for hair texture and protective hairstyles, an employer may enforce health and safety requirements set forth in federal or state law. Additionally, the Nevada Equal Rights Commission (NERC) may investigate claims of illegal hair-based discrimination.

The Bill can be read here.

A short article on the bill can be read here.

What do employers need to do?
Employers should review their workplace dress code policies to ensure they are in compliance with the law.

 

July 2021: Nevada Employers May Not Seek Employee Salary History

Update Applicable to:
All employers in Nevada.

What happened?
On June 2, 2021, Governor Sisolak approved Senate Bill 293.

What are the details?
The bill, effective starting October 1, 2021, prohibits an employer or employment agency from seeking the salary history of an applicant. The bill also prohibits the employer or employment agency from the following:

  • Discriminate, refuse to hire, promote or employ an applicant for not revealing their salary history.
  • Relying on a salary history of an applicant to determine if they want to hire the employee or determine their rate of pay.

Employers may ask an applicant about their wage or salary expectation for the position they are applying for. The employer or employment agency are also required to provide the following to an applicant who has completed an interview for the employment position:

  • The wage or salary range/rate for the position.
  • The wage or salary range/rate for a promotion or transfer to a new position if certain conditions are satisfied.

The bill can be read here.

A short article on the bill can be read here.

What do employers need to do?
Employers should review the law to update their applicable policies to be in compliance once the law is in effect.

June 2021 Nevada HR Legal Updates

Nevada Paid Vaccination Leave Amended

Update Applicable to:
All employers in Nevada with 50+ employees

What happened?
On June 9, 2021, Governor Sisolak signed Senate Bill 209 into law.

What are the details?
The bill is in effect immediately and will remain active through December 31, 2023. The bill states that employers with fifty or more employees must provide all employees of up to four hours of paid leave to receive their COVID-19 vaccine. Employers who provide a clinic on-premises for employees to obtain the vaccine, as well as employers in their first two years of operation, are exempt from the requirements.

Employees must provide notice of their intent to use the leave at least twelve hours before using the leave. Employees will receive two hours for a single dose vaccine and those that have two-dose vaccines will receive two hours of vaccination leave per injection.

The bill does not exempt any seasonal, on-call, or temporary employees from the coverage of the leave. It also does not exempt any employers that already provide minimum paid leave that is required by the statute.

In addition to creating the COVID-19 vaccination leave, the bill also amends the existing mandatory paid leave law by adding that, after 90 days of employment, leave is available to employees without a reason or requiring the employee to find a replacement. The leave is available for the following uses:

  • Treatment of a mental or physical illness, injury or health condition.
  • Receiving a medical diagnosis or medical care.
  • Receiving or participating in preventative care.
  • Participating in caregiving.
  • Addressing other personal needs related to the health of the employee.

The Office of the Nevada Labor Commissioner will prepare a bulletin concerning the law’s respective provisions, which must be posted by the employer in a conspicuous location in each workplace.  The bulletin is located here.

The bill can be read here.

Articles on the bill can also be read here.

What do employers need to do?
Employers should review the information above and update their paid leave policies to reflect the new requirement.

August 2020 Nevada HR Legal Updates

Some Hospitality Employers in Nevada Must Establish Virus-Combating Protocols

What happened?
On August 11, 2020, Nevada Governor Sisolak signed Senate Bill No. 4 (SB 4) into law.

 What are the details?
Within 20 days of the governor’s approval, SB 4 requires the director of the Department of Health and Human Services to adopt initial regulations mandating that some but not all employers in Nevada establish standards and protocols aimed at limiting the transmission of COVID-19. The new regulations will apply to “public accommodations facilities.” Under SB 4, a “public accommodations facility” is a hotel and casino, resort, hotel, motel, hostel, bed and breakfast facility, or other facility offering rooms or areas to the public for monetary compensation or other financial consideration on an hourly, daily, or weekly basis. Note further that the relevant provisions of SB 4 apply only to counties whose populations meet or exceed 100,000 people. According to the Legislative Counsel’s Digest of the bill, this includes Clark and Washoe Counties.

The legislation also provides that the director’s regulations will apply during “any period in which a public health emergency due to SARS-CoV-2 has been declared by the Governor and remains in effect.” In addition, the regulations apply on each day that the rate of positive COVID-19 test results for the county exceeds 5% in any rolling 14-day period within the preceding 90 days, or on each day that the number of new cases in the county exceeds 100 per 100,000 residents in the same periods.

Under SB 4, the director must adopt regulations mandating that covered public accommodations facilities establish three sets of protocols to limit the spread of the novel coronavirus and mitigate its effects. The first set of protocols requires covered facilities to establish a set of finite “standards for cleaning that are designed to reduce the transmission of SARS-CoV-2.” The second set of mandatory protocols requires covered facilities to take certain steps other than cleaning procedures to limit the transmission of COVID-19. The protocols involve the implementation of a finite set of policies regarding physical distancing, hygiene, and PPE. The third set of required protocols requires covered facilities to “establish, implement and maintain a written SARS-CoV-2 response plan designed to monitor and respond to instances and potential instances of SARS-CoV-2 infection among employees and guests.”

The response plan mandates testing of employees in four circumstances:

  1. Each new employee and each employee returning for the first time since March 13, 2020, must undergo testing, if testing is available.
  2. Each employee known to have had close contact with a guest or employee diagnosed with COVID-19 must be informed of the exposure within a maximum of 24 hours or as soon as practicable and must be tested.
  3. Each employee that has a reasonable belief or has been advised that they have been in close contact with someone with COVID-19 must be tested.
  4. Each employee who discloses that they are experiencing symptoms of COVID-19 must be tested.

Testing must be at no cost to the employee and may be performed on-site or at a testing facility selected by the employer. The plan must prohibit symptomatic employees from returning to work while they await the results of their test, and it must include a provision requiring guests to leave and seek medical attention if they report testing positive for the novel coronavirus or a COVID-19 diagnosis.

Employees who are tested for reasons 2, 3, or 4 are entitled to:

  • Up to three days of paid time off to await testing and results; and
  • Additional paid time off if documentation shows a delay exceeding three days in testing or receiving test results.

Notably, this paid time off entitlement applies each time an employee is tested for reason 2, but only the first instance the employee is tested for reason 3 and 4.

The bill can be read here.

What do employers need to do?
Employers working in the hospitality field should read the bill and update their workplace policies to remain in compliance. Legal counsel may be necessary if the employer has any questions or has special circumstances around their business.