2023 Nevada Legislature – Preliminary Summary of New Labor & Employment Laws

On June 5, 2023, the Nevada Legislature ended its 82nd Session with the passage of many bills affecting Nevada employers. Below is a preliminary summary of new laws that may impact a Nevada employer. 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”).

Some of these bills may require a change to your policies and procedures. If you have questions about these bills or need assistance with such policy changes, please contact a KZA attorney.

There are still several bills pending which have passed the Legislature but have not been approved by the Governor. If these bills become laws, we will notify you via the Employer Report.  

SB 147 – Wages. This bill amends NRS 608.020 and 608.040 to provide that whenever an employer places an employee on “nonworking status,” the employer must pay the wages earned and unpaid immediately in the same manner as required when an employer discharges an employee. The term “nonworking status” includes a temporary layoff, but does not include a suspension pending investigation, a disciplinary suspension, an employee placed on an “on call” status, or a leave of absence. Just as with a discharge, if the employer fails to pay an employee within 3 days of placing him/her on nonworking status, the wages continue at the same rate until paid or for 30 days, whichever is less. These changes become effective July 1, 2023.

AB 163 – Domestic Violence Leave and Accommodations. This bill expands Nevada law to provide several types of protection to an employee who is a victim of sexual assault or whose family or household member is a victim of sexual assault. First, it expands domestic violence leave in Nevada, NRS 608.0198, to include victims of sexual assault. Second, it expands an employer’s obligation to provide accommodations for an employee who is a victim of domestic violence, NRS 613.222, to victims of sexual assault. Third, it amends Nevada’s anti-retaliation provision for domestic violence victims, NRS 613.223, to also apply to victims of sexual assault. Finally, it prohibits the State from denying unemployment benefits to an employee who left employment to protect himself or herself or his or her family or household member from sexual assault provided the employee actively engaged in an effort to preserve employment. These changes become effective on January 1, 2024.

SB 145 – Misclassification. This bill changes the penalties the Nevada Labor Commissioner can assess against an employer who misclassifies a person as an independent contractor. The bill removes the potential for a $2,500.00 fine for a first willful offense and instead provides that a first offense can result in a warning and any second or subsequent offense can result in a fine of $5,000 for each employee who was willfully misclassified. This change becomes effective on July 1, 2023.

SB 283 – Worker’s compensation, records. Section 3 of this bill amends Nevada’s worker’s compensation law to require an employer to provide health care records to an employee upon his/her request. It further addresses the fees that may be charged for such records. This section becomes effective on October 1, 2023.

AB 140 – Juneteenth. As we reported earlier this month, this bill makes Juneteenth (June 19) a legal holiday in Nevada for state, county and city governmental offices, courts, public schools, and the Nevada System of Higher Education. Private employers may, but are not required to, include June 19 as a holiday in their holiday policies. This bill became effective on June 8, 2023.

SB 290 – Earned wage access services. This bill establishes a licensing requirement for persons or companies providing earned wage access services. It also details operating requirements and prohibitions for such services, including a prohibition on sharing fees with an employer. Existing companies can continue without a license until December 31, 2024, provided they apply for a license before January 1, 2024. Other portions of this bill become effective on July 1, 2024.

SB 163 – Health insurance. This bill requires certain public and private policies of health insurance and health care plans, including Medicaid, to cover the treatment of conditions relating to gender dysphoria and gender incongruence and prohibits an insurer from engaging in certain discrimination on the basis of gender identity or expression. If a Nevada employer provides health benefits for its employees, the coverage must comply with this new law. This bill becomes effective on July 1, 2023.

SB 330 – Health insurance. This bill expands the requirement for most health insurance plans to cover mammograms and prohibits any form of cost-sharing for these services. The bill excludes the Public Employees’ Benefits Program and plans of self-insurance for employees of local governments. It becomes effective on January 1, 2024. 

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.