Nevada Senate Passes Hospitality And Travel Workers Right To Return Act And Amendments To COVID-19 Requirements

On May 26, 2021, the Nevada Senate passed Senate Bill 386 which, as currently drafted, has two purposes: (1) to give laid-off hospitality and travel workers in Clark and Washoe counties a right to recall; and (2) to amend the COVID-19 requirements for public accommodation facilities.

The first component of this bill is the Nevada Hospitality and Travel Workers Right to Return Act. It requires “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” to offer an employee laid off after March 20, 2020 “due to a governmental order, lack of business, reduction in force or another economic, nondisciplinary reason” a job for which he/she is qualified that becomes available after the effective date of the Act. An employee is qualified for an available job if he/she held the same or similar position before being laid off. The bill also imposes a notice requirement upon an employer in the event of a layoff and a record retention requirement.

The second component of SB 386 amends the COVID-19 requirements imposed upon public accommodation facilities in Clark and Washoe counties by SB 4, now set forth at Nevada Revised Statutes (NRS) 447.300 – 447.355. As currently drafted, the bill reduces certain cleaning requirements, eliminates social distancing requirements, and makes changes to daily check-in and paid time off requirements.

It is important to note that SB 386 is still in draft form. It passed the Senate by a vote of 12-9 and must now be considered by the Assembly where it could face further amendments. As currently drafted, it takes effect on July 1, 2021 and ends by no later than August 31, 2022.

If the bill passes the Assembly, we will provide a more detailed summary of its requirements. In the meantime, KZA attorneys are available, as always, to answer your questions.

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