Legislature Adopts COVID-19 Mandates For Hotels, Resorts, Casinos, And Other Rental Facilities In Clark And Washoe Counties

In Senate Bill 4, the Legislature has prescribed exactly how certain employers in Clark and Washoe counties must respond to COVID-19. Sections 3-15 of this new law apply to “public accommodation facilities,” defined as “any hotel and casino, resort, hotel, motel, hostel, bed and breakfast facility or other facility offering rooms or areas to the public for monetary compensation or other financial consideration on an hourly, daily or weekly basis.” The new mandates include:

• cleaning standards detailed in Section 11 that must be made available to employees or their bargaining representatives upon request at no cost;
• a prohibition on advising or incentivizing guests to decline daily in-room housekeeping;
• posting requirements;
• COVID-19 protocols detailed in Section 12;
• a COVID-19 response plan to monitor and respond to instances and potential instances of COVID-19 infection among employees and guests. Some of Section 13’s requirements are:
  • mandatory testing for new employees and each employee returning to work for the first time after March 13;
  • daily temperature checks and screenings of employees;
  • notification to employees known to have had close contact with a guest or employee who has been diagnosed with COVID-19 not later than 24 hours or as soon as practicable after the employer learns of the diagnosis, mandatory testing of such employees, and at least 3 days of paid time off during testing;
  • mandatory testing of each employee who has a reasonable belief that he or she has been in close contact with a person who has tested positive for COVID-19 and at least 3 days paid time off during such testing;
  • mandatory testing and removal from work of each employee who notifies his or her employer that he or she is experiencing symptoms of COVID-19 and at least 3 days paid time off;
  • at least 14 days off for any employee who tests positive or is diagnosed with COVID-19, at least 10 of which must be paid;
  • additional paid time off may be required for the circumstances set forth above if the employer receives documentation of a delay in testing or receiving testing results that exceeds 3 days; an employee may choose to work remotely instead of taking time off if the job duties are conducive to remote work;
  • testing is to be paid for by the employer and performed on site or at a testing facility selected by the employer; employees must authorize the release of testing results to the employer;
  • confidentiality for employees and guests in relation to positive test results, symptom reporting, or diagnoses;
  • paid time off cannot be deducted from the employee’s accrued time but may be deducted from any time the employee is entitled to under the Families First Coronavirus Response Act; and
  • submission of response plan to local health authority or Nevada Gaming Control.

Senate Bill 4 also requires health department inspections of public accommodation facilities every 2-3 months (depending upon size); Section 14 sets forth enforcement details and penalties and prohibits retaliation against employees who participate in proceedings related to this new law.

The law requires the Department of Health and Human Services to adopt regulations on each new standard. We will keep you posted on any such regulations.

We encourage all employers covered by these sections to review Senate Bill 4’s public accommodation facility provisions in detail. Please note that while the law seems to focus upon hotels, casinos and resorts, the broad definition of “public accommodation facilities” could also include other facilities that rent space to the public, such as studios, halls, and meeting/conference rooms.

KZA’s attorneys are available to help you navigate these new mandates as well as the numerous issues and questions that will undoubtedly arise as we begin to apply this new law.

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.