Gaming Control Ties Capacity To Vaccination Efforts

On May 1, the Nevada Gaming Control Board will take over occupancy limits and other COVID-19 mitigation measures for all gaming licensees pursuant to the Governor’s Roadmap to Recovery Plan. In preparation for this transition, Gaming Control announced on April 2 that it will consider increasing gaming floor occupancy only “in cases where licensees have [taken] measurable and material steps to vaccinate, and thereby, protect their workforce, visitors, and the community.”

While the Board does not define what will constitute “measurable and material steps,” it suggests that licensees consider providing paid time off for vaccination appointments, arranging transportation for employees to public vaccination sites, entering into agreements with pharmacy partners, underwriting private vendors to administer vaccines onsite using a POD distribution system, and having “legal counsel, company leadership and HR review EEOC guidance regarding what companies can and cannot do to effectuate workforce vaccination.”

We are expecting the EEOC to issue additional guidance on the legality of employer incentives for vaccination and will update you when this information becomes available. In the meantime, KZA Partner Eddie Keller recently addressed the legality of employer vaccination efforts in KZA’s March COVID-19 Question and Answer Webinar. If you would like to develop a vaccination plan or program for your workforce, or if you have questions about an existing program or COVID-19 mitigation measures, please contact a KZA attorney for assistance. 

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.