2021 Nevada Legislature – Changes to Corporate Matters and Litigation Procedures

On May 31, 2021, the Nevada Legislature ended its 81st Session with the passage of many bills affecting Nevada employers. Below is a summary of new laws that may impact a Nevada employer in relation to litigation procedures and corporate matters. For each, we have provided a link to Nevada’s legislative website where you can view the final text of the bill (click on “As Enrolled”). If you have questions about these bills, please contact a KZA attorney.

SB 95 –  Corporate Matters. This bill revises provisions relating to the service of process on a corporation,  makes changes to definitions relating to corporations, authorizes a corporation to include a federal forum selection clause in its articles of incorporation or bylaws, revises provisions relating to breach of a fiduciary duty by a director or officer of a corporation and discretionary indemnification of corporate officers and employees, makes changes to provisions relating to stockholders, and changes provisions regarding insolvency and mergers. It becomes effective October 1, 2021.

AB 222 – Statute of Limitations for Discrimination Claims. This bill revises the provisions of NRS 613 that relate to limitation periods for matters submitted to the Nevada Equal Rights Commission, expanding those provisions to include matters also filed with the federal Equal Employment Opportunity Commission. These changes became effective on June 2, 2021.

SB 107 – Statute of Limitations for Wrongful Termination Claims. This bill establishes a 2-year statute of limitations for filing a lawsuit for wrongful termination of employment and tolls the period while an administrative complaint is pending with a federal or state agency until 93 days after the conclusion of the administrative proceeding. It also provides that Nevada’s default statute of limitations must apply to causes of action whose statute of limitations is not otherwise prescribed by law regardless of whether the underlying cause of action is analogous to any other cause of action with an express statute of limitations. These changes became effective on May 21, 2021.

KZA Employer Report articles are for general information only; they are not intended and should not be construed to be legal advice. Reading or replying to such articles does not establish an attorney-client relationship. In addition, because the subject matters and applicable laws discussed in Employer Report articles are often in a state of change and not always applicable to every type of business entity or organization, readers should consult with counsel before making decisions based on the same.