As the federal and state governments continue to make progress towards distributing the COVID-19 vaccine, employers may wonder what potential issues could arise in the event they decide to make the vaccine mandatory for their employees. The EEOC released some initial guidance on December 16, 2020, with respect to the potential impact of such a…
As the COVID-19 pandemic continues to disrupt employers and the way that they traditionally do business, many companies are making changes to their workforce and compensation structure in order to manage their expenses. Nevada employers who are considering a decrease in employee compensation should make sure that they do so in compliance with relevant state…
With the COVID-19 pandemic in full swing, many employers are allowing employees to work from home in order to facilitate social distancing and ensure compliance with state and local government orders. It is important that employers document their policies with respect to employees who telecommute to limit potential liability and make sure that expectations are…
For the past several years, there has been much uncertainty as to when an arbitration provision can be enforced pursuant to Nevada law. Adopted in 2013, NRS 597.995 provides that an enforceable arbitration provision must include “specific authorization” indicating that the person has affirmatively agreed to arbitrate all disputes concerning the agreement. Subsequent to the…
The Nevada legislature recently passed AB 248 which places new limits on confidentiality provision found in certain settlement agreements. Effective July 1, 2019, a settlement agreement must not contain a provision that prohibits or otherwise restricts a party from disclosing factual information relating to a claim in a civil or administrative action if the claim…
The Nevada legislature recently enacted AB 181 which prohibits employers from requiring an employee to be physically present at his or her place of work in order to inform his or her employer that (i) he or she is sick; or (ii) he or she has sustained an injury that is not work-related and cannot…
In 2017, Nevada enacted a new statute, NRS 613.195, which codifies its approach to the enforcement of non-competition and non-solicitation agreements. As the Nevada Supreme Court has yet to provide any meaningful guidance as to how its provisions should be interpreted, the specific language of NRS 613.195 is the best indicator as to how a…
Governor Steve Sisolak recently signed AB 132 into law for the State of Nevada. As an initial matter, this law does not become effective until January 1, 2020. While it is possible that the Nevada Labor Commissioner may publish additional guidance prior to that date, at this point businesses are forced to rely on the…
It is important that Nevada-based employers have a strong grasp on our state-specific minimum wage and overtime laws. Certain Nevada employees are entitled to higher wages compared to what is required under federal laws such as the Fair Labor Standards Act. Pursuant to Article 15, Section 16(A) of the Nevada State Constitution, there is a…
Pursuant to Article 15, Section 16(A) of the Nevada State Constitution, an employer who provides certain health benefits to an employee is permitted to pay that employee a minimum wage of only $7.25, while an employer who does not provide sufficient health benefits to an employee must pay that employee a higher minimum wage of…
