2021 Nevada Legislature – Industry Specific Changes
June 9, 2021
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 employers in specific industries. 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 122 – Cannabis Establishments. This bill requires employees of cannabis establishments to complete an OSHA 10-hour health and safety course not later than 1 year after being hired. It further requires supervisory employees to complete an OSHA 30-hour course not later than 1 year after being hired. The employer must bear any costs associated with the training. The bill further requires a cannabis establishment to suspend or terminate the employment of an employee or supervisor who fails to complete the required course and provides for administrative fines for an employer’s failure to do so. An employee who was initially hired before July 1, 2021 must complete his/her course not later than July 1, 2022. This bill becomes effective July 1, 2021.
AB 207 – Online Establishments. This bill expands the definition of “place of public accommodation” set forth in NRS 651.050 to include “online establishments,” thereby rendering them subject to Nevada’s “equal enjoyment” statute set forth at NRS 651.050-651.120. An “online establishment” is defined as a business, whether or not conducted for profit, which offers goods or services to the general public in Nevada through an Internet website, mobile application or other electronic medium and which is not operated in conjunction with a physical location which is open to the public. The bill provides an exemption for private online discussion forums as long as they are operated for the primary purpose of allowing members to exercise their constitutionally protected right of expressive association, have no more than 1,000 members, and do not regularly receive payment, directly or indirectly, from or on behalf of nonmembers for dues, fees, use of facilities or goods or services for the furtherance of trade or business. This law becomes effective October 1, 2021.
SB 386 – Hospitality and Travel Employers and Public Accommodation Facilities. As we have previously described, this bill has two components: (1) it gives hospitality and travel workers in Clark and Washoe counties a right to recall via the Nevada Hospitality and Travel Workers Right to Return Act; and (2) amends the COVID-19 requirements for public accommodation facilities. For more information, please refer to the KZA Employer Report, Volume 20, Issue 37.
SB 19 – Care for Children, Elderly or Individuals With Disabilities. This bill addresses businesses or organizations that provide care or care placement services to children, elderly persons, or persons with disabilities. It authorizes such a business/organization to obtain the criminal history records of employees, volunteers, and applicants and sets forth the procedure the employer should follow in obtaining such records. The bill also requires the business/organization to determine whether an employee, volunteer or applicant is fit to have responsibility for the safety and well-being of children, elderly persons or persons with disabilities. This bill became effective on May 17, 2021.
AB 184 – Small Businesses. This bill temporarily creates an Office of Small Business Advocacy within the Office of the Lieutenant Governor. The Office of Small Business Advocacy will engage in a variety of activities for small businesses such as providing information, facilitating interactions with state agencies and local governments, attempting to resolve complaints from small businesses, assisting small businesses to understand their rights and responsibilities, and analyzing and making recommendations concerning laws, regulations and policies relating to small businesses. The provisions of this bill expire on June 30, 2023.
SB 340 – Home Care Employers. This bill seeks to regulate “home care employers,” defined generally as organizations that have contracted with a state agency or local government to provide personal care services, personal assistance, or temporary respite services to the elderly or persons with disabilities under a home care program. The bill authorizes the establishment of a home care employment standards board which will investigate compliance of home care employers with applicable laws and develop recommendations regarding minimum wages and safe working conditions for home care employees. It further authorizes the Director of the Department of Health and Human Services to adopt regulations in relation to those recommendations. The bill provides penalties for home care employers and gives home care employees the right to file a lawsuit for certain violations by such employers. The majority of the bill’s provisions become effective on October 1, 2021. (Please note that as of today’s date, this bill has not yet been approved by Governor Sisolak.)
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.