Print

Legislative Wrap Up - Nevada Legislature Makes Changes To Several Labor And Employment Laws

Volume 16, Issue 12
June 29 , 2017

Below is a summary of several bills passed by the Nevada Legislature during its most recent session and signed into law by Governor Sandoval. These bills have made changes and additions to sections of the Nevada Revised Statutes ("NRS") that apply to employers.

Assembly Bill 337: National Guard Service Members. Status: PASSED.

Nevada law already prohibits an employer from discharging a member of the Nevada National Guard because he or she is ordered to active service or otherwise required by law to perform duties as a member of the Nevada National Guard. (NRS 412.139). Assembly Bill 337 expands these protections to an employee who is a member of another state's National Guard.

The bill also expands the remedies available for a violation of NRS 412.139. If a violation is found, the Labor Commissioner may order: (a) immediate reemployment; (b) immediate restoration of seniority and benefits; and (c) receipt of all wages and benefits lost as a result of the termination. Moreover, under the new law, even if the Labor Commissioner determines that the employer did not violate NRS 412.139, the employee may now file a lawsuit against the employer in district court. The court can order the same remedies available to the Labor Commissioner as well as an award of attorney's fees and costs incurred by the employee.

This new law becomes effective on July 1, 2017.

Assembly Bill 384: Considering Criminal History During Hiring. Status: PASSED.

This bill relates only to public employers. It limits the way in which a public employer can consider an applicant's criminal history during the hiring process.

Specifically, Assembly Bill 384 provides that the criminal history of an applicant for a position in the unclassified service may be considered only after the earliest of: (1) the final interview conducted in person; (2) the appointing authority has made a conditional offer of employment to the applicant; or (3) if applicable, the applicant has been certified by the Administrator of Human Resources. The criminal history of an applicant for a position in the classified service may be considered only after the earliest of: (1) the final interview conducted in person; (2) the applicant has been certified by the Administrator; or (3) the appointing authority has made a conditional offer of employment to the applicant.

Before the criminal history of an applicant may be used as the basis for rescinding a conditional offer of employment or for rejection of the applicant, the appointing authority or Administrator must now consider specific factors such as whether the criminal offense directly relates to the responsibilities of the position for which the person has applied; the nature and severity of the criminal offense; the age of the person at the time of the commission of the criminal offense; the period of time between the criminal offense and the date of the employment application; and any information demonstrating the person's rehabilitation. If the criminal history of an applicant is used as the basis for rejecting the applicant or rescinding a conditional offer of employment, the employer must provide to the applicant a written statement that specifically states the evidence presented and the reason for the rejection/rescission.

The bill provides an exception for peace officers, firefighters and any position that entails physical access to a computer or other equipment used to access the Nevada Criminal Justice Information System or the National Crime Information Center.

The bill also requires that applicants be notified via the employment application that a record of conviction will not necessarily bar the applicant from employment, as well as the factors the employer will take into account if an applicant has a criminal history. Finally, the bill makes a violation of its provisions an unlawful employment practice and gives applicants the ability to file complaints with the Nevada Equal Rights Commission.

This bill's requirements become effective on January 1, 2018.

Senate Bill 460: Administration of EMRB. Status: PASSED.

Senate Bill 460 makes several administrative changes to the Local Government Employee-Management Relations Board ("EMRB") that oversees labor relations between local government employers and local government employees. Most importantly, the bill increases the EMRB's membership from three to five members and requires that at least three members reside in Southern Nevada. This may result in cases being processed more efficiently.

This bill becomes effective on July 1, 2017.

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.