Nevada Labor Commissioner Issues Guidance On Right To Return Act (SB 386)

Since the Nevada Legislature closed in late May, hospitality employers in Clark and Washoe counties have been hard at work preparing to comply with the new Right to Return Act enacted as part of Senate Bill 386. This Act applies to employers with 30 or more employees (currently or as of March 12, 2020) that own or operate an airport hospitality operation, an airport service provider, a casino, an event center or a hotel that is located in a county whose population is 100,000 or more (Clark and Washoe counties). It became effective on July 1, 2021.

Applying the Right to Return Act has not been easy, and it has generated many questions to KZA’s attorneys. In assisting our clients with interpreting the Act, we have consulted with Nevada’s Labor Commissioner on several critical questions. On Friday, July 2, 2021, the Labor Commissioner posted Preliminary Guidance to provide clarity and certainty on several key components of the Act.

The Preliminary Guidance addresses questions on the Act’s coverage and how to treat employees who returned to work before July 1. It clarifies that a covered enterprise/employer should offer a laid-off employee a job “that is the same position or a similar position within the same job classification” and which has “a comparable number of regularly scheduled hours of work as the employee worked immediately before his or her last separation from active service with the employer.” Further, the Guidance explains that the Act gives laid-off employees a priority for jobs only over new hires – not existing employees.

The Labor Commissioner has indicated that additional guidance may be provided in the future as questions continue to arise. If you have questions about the Act, please contact a KZA attorney. 

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