In an effort to ensure the health, safety and welfare of Nevada’s workforce, Nevada recently enacted SB 361, a law establishing the rights of employees who are victims of domestic violence.  Effective January 1, 2018, the law will provide qualifying employees with the right to protected leave, security against adverse employment actions and the right to a reasonable accommodation.  To […]

On June 3, 2017, Assembly Bill 276 was approved by Nevada Governor, Brian Sandoval, and signed into law. The bill amended NRS 613.200 to change Nevada’s stance on restrictive covenants and noncompetition agreements. Previously, Nevada law merely stated that it is not unlawful for an employee to enter into a restrictive covenant of noncompetition with an employer that is supported […]

The U.S. Department of Labor’s (“DOL”) proposed overtime exemption rule suffered another blow today. A Texas federal court granted summary judgment in favor of business groups and States who challenged the new regulations last year. The proposed rule was blocked by a preliminary injunction issued in November 2016, as reported here: https://suttonhague.com/new-overtime-rules-blocked/. The Court found that DOL exceeded its authority […]

Employers may recognize the term “reasonable accommodation” as a requirement under the Americans with Disabilities Act (“ADA”). However, Nevada employers have previously not been required to provide a reasonable accommodation to workers that request a work related accommodation for pregnancy. This is because the ADA does not cover pregnancy itself, only pregnancy related disabilities and impairments. On June 2, 2017, […]

The California Fair Employment and Housing Act (“FEHA”) imposes an affirmative duty on employers to take all reasonable steps to prevent and correct discriminatory and harassing conduct in the workplace. FEHA regulations were amended effective April 1, 2016 that changed and added certain employer obligations. Last month, the California Department of Fair Employment and Housing (“DFEH”) released a “Workplace Harassment […]

California and Nevada employers need to be aware of the intricacies of the regular rate of pay (“RROP”). RROP is used to determine overtime compensation and other payments, such as meal period premiums in California. The federal Fair Labor Standards Act (“FLSA”) and its regulations describe those payments that must be included in the RROP and those that can be […]

The California Fair Employment and Housing Council approved new regulations that limit employers’ freedom to consider criminal history when screening applicants or making employment-related decisions. The new regulations go into effect on July 1, 2017. Generally When hiring, promoting, training, disciplining or terminating, employers are strictly prohibited from considering: (1) An arrest or detention that did not result in conviction; […]

Yesterday, on May 8, 2017, the California Supreme Court issued a long-awaited decision in Mendoza v. Nordstrom, Inc., which had been pending before the state’s highest court for more than two years. The decision clarifies some of the “day of rest” rules found in Labor Code sections 551 and 552. SHLC posted a blog about the Mendoza case in April […]

On March 29, 2017, the California Labor Commissioner through the Division of Labor Standards Enforcement (“DSLE”) posted an updated FAQ document to address new questions concerning the California Paid Sick Leave law. The FAQ document can be found on the DSLE website: https://www.dir.ca.gov/dlse/Paid_Sick_Leave.htm. SHLC Attorneys Brett Sutton and Joseph Macias will be discussing these issues on June 8, 2017 in […]

In 2004 and 2006, Nevada voters passed an amendment to the Nevada Constitution, adding the Minimum Wage Amendment (“MWA”), which requires employers to pay their employees one of two minimum wage rates, dependent on whether the employer offers “qualifying health benefits.” Currently, if an employer offers health benefits, it may pay its employees a lower minimum wage of $7.25 an […]