Legal update from Mary Beth Hartleb
J.D., SPHR, CPC, CEO, Prism HR Consulting, LLC
There are a few Nevada legal updates requiring compliance effective October 1, 2021. If you have not already done so, now is a good time to review handbook policies, compensation programs, and recruiting processes.
AB 190 requires private employers to provide employees with sick leave and to allow usage for illness, injury, medical appointments or other authorized medical need of a member of the employee’s immediate family. The amount of sick leave may be limited by the employer to an amount that is equal to what an employee accrues for sick leave in a 6-month period.
Action: PTO policies cover this leave. If you have a specific sick leave policy, this change needs to be addressed in handbooks, time off requests, manager training on sick leave approvals and reasons permitted for such leave, payroll system coding may also need to be updated.
NRS 613.330-613.345) Section 1.3 of this bill prohibits an employer from:
(1) seeking the wage or salary history of an applicant for employment
(2) relying on the wage or salary history of an applicant to determine whether to offer employment to the applicant or to determine the rate of pay for the applicant; or
(3) refusing to interview, hire, promote or employ an applicant or discriminating or retaliating against an applicant if the applicant does not provide wage or salary history.
An employer is required to provide to an applicant for employment who has completed an interview for a position: (1) the wage or salary range or rate for the position; and (2) the wage or salary range or rate for a promotion or transfer to a new position.
An employer may ask an applicant for employment about their wage or salary expectation for the position for which the applicant applies.
A person (applicant) may file a complaint against an employer. The Labor Commissioner may impose against any employer found to have violated any provision of this section an administrative penalty of not more than $5,000 for each such violation. If an administrative penalty is imposed pursuant to this section, the costs of the proceeding, including, without limitation, investigative costs and attorney’s fees, may be recovered by the Labor Commissioner.
Action: Train hiring managers, update employment applications to remove salary questions, establish a compensation program and salary ranges, review recruiting processes for compliance.
Definition of “race” in NRS 613.310 to mean “traits associated with race, including, without limitation, hair texture and protective hairstyles.” “Protective hairstyles” includes, “without limitation, hairstyles such as natural hairstyles, afros, bantu knots, curls, braids, locks and twists.”
Action: Review dress code policies
AB307 requires DETR to prepare notices concerning job training or employment programs conducted by DETR and to provide the notices to the Labor Commissioner. The Labor Commissioner is charged with providing these notices to private employers and each employer is required to post the notices in a public location.
Action: Add to workplace posting requirements
Please contact us with any questions or needed assistance.
Mary Beth Hartleb, J.D., SPHR, CPC
Prism HR Consulting, LLC
2880 Bicentennial Parkway, Suite 100, PMB 2020
Henderson, Nevada 89044