Nevada Legislature Update – Bills To Watch

The 81^st Session of the Nevada Legislature began on February 1 and ends on May 31, 2021. We are tracking many bills related to labor and employment matters and will brief you on each if it is passed.

For now, however, we want to highlight a few bills of particular interest. Please note that none of these bills has yet passed its originating house and many of them were just recently introduced; moreover, they can be significantly amended during the legislative process.

Noncompete Agreements – AB 47: This bill seeks to eliminate the use of noncompetition agreements/clauses in Nevada unless the agreement at issue involves the sale of a business or the dissolution of a partnership or a limited-liability company. 

Fair Pay – AB 124: This bill addresses fair pay as to public and private employers. It prohibits an employer from seeking the wage rate history of a prospective employee or relying upon wage history to determine the wage rate a prospective employee will be paid. It requires an employer to disclose certain information about the salary range, wage scale or minimum wage rate for a position of employment. Another fair pay bill, SB 293, was just introduced in the Senate; this bill also focuses on wage or salary history.

Sick Leave – AB 190: This bill requires a private employer that provides employees with sick leave to allow an employee to use accrued sick leave for an absence due to an illness, injury, medical appointment or other medical need of a member of the employee’s immediate family (“caregiver leave”).

COVID-19 – AB 246: This bill was introduced on March 12. It requires all Nevada employers (except public accommodation facilities governed by existing law) to notify employees and others of exposure to COVID-19 and develop a COVID-19 prevention plan that complies with any COVID-19 standards established by OSHA or NV OSHA. It also requires employers to provide a copy of the prevention program to its employees and train its employees on the prevention program.

Paid Leave – AB 303: This bill seeks to amend the paid leave statute to remove the exception for employers with their own PTO policies. 

SB 209: This bill was introduced on March 11. It amends Nevada’s paid leave statute to require an employer to allow an employee to use paid leave for any use, including: (1) treatment of a medical or physical illness, injury or health condition; (2) receiving a medical diagnosis or medical care; (3) receiving or participating in preventative care; (4) receiving a vaccination; (5) participating in caregiving; or (6) addressing other personal needs related to the health of the employee.

Race Discrimination – SB 199: This bill expands the concept of race discrimination to include traits historically associated with race such as hair texture and hairstyles. SB 327 addresses a similar issue.

If you would have questions about these bills or would like to know about the others we are tracking, please contact a KZA attorney. 

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.