Nevada

Once again, Nevada has re-written the landscape the law regarding enforcement of post-employment non-competition agreements. Please see the article posted on our website, written by Elayna J. Youchah and Joshua A. Sliker of our Las Vegas office. They analyze Assembly Bill 276, amending Chapter 613 o

Nevada noncompetition law has historically had few seismic shifts, which changed in 2016 when the Nevada Supreme Court issued its opinion in Golden Road Motor Inn, Inc. v. Islam, 376 P.3d 151 (Nev. 2016). That case sent shockwaves affecting noncompetition agreements employers already had in place, e

Nevada employers must post a notice on the Nevada Pregnant Workers’ Fairness Act immediately. Governor Brian Sandoval signed the Act into law on June 2, 2017, and the notice provisions took effect upon signing. All other provisions of the Act will take effect on October 1, 2017.

On May 25, 2017, the Nevada Labor Commissioner posted an Advisory Opinion1 stating that the fluctuating work week method (FWW) may be used to compensate certain nonexempt employees. The Advisory Opinion stated the FWW method of compensation is permissible for a nonexempt employee who is paid a fixed

Nevada first included sex as a protected category in 1967. That year, the legislature passed Assembly Bill No. 7, which included for the first time sex discrimination as an unlawful employment practice. Twenty-one years later, in 1989, Nevada passed legislation that required employers to provide pre

On March 16, 2017, the Nevada Supreme Court issued yet another 6-0 en banc decision regarding the Nevada Constitution’s oft-litigated Minimum Wage Amendment, Nev. Cost. art. XV § 16 (“MWA” or the “Amendment”). The issues before the Court in Western Cab Co. v. Eighth Jud. Dist. Court, 133 Nev. Adv. O

On October 27, 2016, the Nevada Supreme Court issued two separate 6-0 en banc decisions settling hotly contested issues of law regarding the Nevada Constitution’s Minimum Wage Amendment, Nev. Cost. art. XV § 16 (“MWA”). Those cases were MDC Restaurants, LLC et al v. The Eighth Judicial Dist. Court,

In April 2012, the Equal Employment Opportunity Commission (EEOC) issued its long-awaited “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964” (2012 Guidance). The updated guidance does not prohibit emplo

In the first decision to reach the Nevada Supreme Court on whether state district courts may modify or “blue pencil” non-competition agreements, the high court has concluded that doing so would violate Nevada law. Golden Road Motor Inn Inc. d/b/a Atlantis Casino Resort Spa v. Islam, 132 Nev. Adv. Op

When businesses set out to safeguard “personal information,” a fundamental consideration is what that term means. Likewise, when negotiating a third-party vendor agreement, it typically is not enough to rely on the standard definition for “confidential information.”

Under the federal Fair Credit Reporting Act (FCRA), background screening companies (or consumer reporting agencies) are generally prohibited from reporting certain types of derogatory information that the FCRA considers to be too old to be useful, i.e., obsolete. For example, background screening co

Labor Standard Act (FLSA)’s "economic realities" test to determine whether workers can be classified as independent contractors under Nevada law for purposes of minimum wage payments under Nevada Revised Statutes' (NRS) Chapter 608. In an apparent move to overrule Terry, the Nevada Legislature passe

Recently, the Nevada Supreme Court in Terry, et al., v. Sapphire Gentlemen's Club, reversed a lower court's ruling and held that performers at Sapphire Gentlemen's Club meet the definition of "employees" under the Nevada Revised Statutes (NRS). For the first time, the court explicitly adopted the fe

The Nevada Constitution’s categories of individuals who are exempted from the payment of minimum wage supersede the exemptions previously provided by statute, the Nevada Supreme Court has ruled, clarifying a question that has troubled employers in Nevada. Thomas v. Nevada Yellow Cab, 130 Nev. Adv. O

Nevada has amended its law to require that any agreement containing an arbitration clause include “specific authorization for the provision which indicates that the person has affirmatively agreed to the provision.” An arbitration clause that fails to include such an authorization is “void and unenf

Two notable developments to Nevada employment law took place in 2013. The Nevada Legislature not only clarified some ambiguities in the medical marijuana law as it relates to employers, but also enacted a new arbitration statute that will likely require Nevada employers to revise their current arbit

Nevada law permits employers to establish mandatory tip pools, even when the tip pooling procedure requires gratuities to be shared among employees of different ranks, so long as the employer does not keep any of the tips for itself, the Nevada Supreme Court has held. Wynn Las Vegas, LLC v. Baldonad

There have been several notable and recent developments in Nevada employment law both through enacted legislation and advisory opinions issued by the Nevada Labor Commissioner. Specifically, the legislature has passed a law limiting employer access to employee and applicant social media information.

Nevada has become the latest state to enact legislation restricting an employer’s access to employee and prospective employee personal social media accounts. The new law (Assembly Bill No. 181) prohibits Nevada employers from conditioning employment on disclosure of an applicant’s or employee’s pers

Nevada Governor Brian Sandoval has signed legislation limiting employers’ access to employees’ and job applicants’ consumer credit report and related information. Under the measure (SB 127), effective October 1, 2013, employers in Nevada may not “suggest, request, require or cause” employees or appl