Volume 5, Issue 16
December 4, 2006
We have received numerous inquiries regarding the application of Nevada's new minimum wage law which became effective November 28, 2006. The firm has been in contact with the Nevada Labor Commissioner, Michael Tanchek, and is seeking several written advisory opinions from the Labor Commissioner regarding the many "gray" areas created by this constitutional amendment, such as whether probationary employees must be paid the higher minimum wage during the waiting period for health insurance. Those closely following this matter know all too well that there have been several changes in the enforcement position of the Labor Commissioner in the last several weeks as he wrestles with these difficult issues.
Thankfully, the Labor Commissioner has scheduled a question-and-answer workshop concerning the changes to Nevada's minimum wage law for Friday, December 8, 2006 at 9:00 a.m. The workshop will address emergency regulations the Labor Commissioner has proposed which specify how employers should apply the new law. The workshop is open to the public, and the Labor Commissioner is seeking input on the proposed regulations.
The workshop will be held in two locations which will be connected via videoconferencing. In Las Vegas, the workshop will be held at the Grant Sawyer State Office Building, 555 E. Washington Ave., Room 4401. The second location is at the Legislative Building, Carson City, in Room 3138. To access the proposed regulations we received on December 1, 2006, click this link to the Nevada Labor Commissioner website.
Kamer Zucker Abbott will attend this meeting, and we encourage you to do so as well. If you cannot attend, but have input or questions, please notify KZA's Jen Sarafina. We will raise client issues and questions at the workshop. In addition, for those unable to attend in person, the meeting can be viewed using Windows Media Player through the Legislative Counsel Bureau's Web site: www.leg.state.nv.us.
Unfortunately, the proposed regulations are not likely to completely resolve all issues with this new law. Given the way that the law was passed, by constitutional amendment, the reality is that no one knows with any degree of certainty how the law will be applied in the future, and litigation to define its parameters is likely.
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.