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Governor Closes All Non-Essential Businesses

Volume: 19 | Issue: 6
March 18, 2020

Yesterday, Governor Sisolak ordered all Nevadans to stay home and for all nonessential businesses to close to the public for 30 days. Essential services, such as fire, police, transit, banks, and health care, and businesses that provide food, shelter or social services for disadvantaged populations should remain open (pharmacies, grocery stores, hardware stores, gas stations, charitable food distributions). Restaurants and bars that provide meals via a full kitchen may remain open for take-out only; no dine-in service is permitted.

As such, the Nevada Gaming Control Board suspended the operation of all gaming devices, machines, tables, games and any equipment related to gaming for the next 30 days. To assist licensees in complying with this order, the Board has issued a Policy Memorandum for closures or changeovers. Restaurants and bars located within gaming properties are subject to the same restrictions as other bars and restaurants.

The Governor explained that eviction proceedings and utility disconnections will be suspended during this time period. Additionally, the Nevada Department of Employment Training & Rehabilitation encourages the submission of online unemployment claims and will extend call center hours to serve those who cannot access services online.

Employers have a few options to consider in relation to displaced employees, depending on their company's operational needs and financial condition. First, some employees may still be able to continue to work at home. Consider your operations and what work can continue during a physical closure. If employees cannot telework, you can choose to continue to pay them for some or all of the shutdown period. A second option is to make the time off unpaid but allow employees to substitute any paid time off they have accrued. The Labor Commissioner has taken the position that employers cannot force employees to use their paid leave because of a mandatory government shutdown/quarantine. However, employees can choose to use paid leave in lieu of unpaid time off of work. Finally, any employee suffering a loss of pay because of the shutdown should be encouraged to seek unemployment benefits. Indeed, Nevada provides unemployment insurance benefits to employees who are partially unemployed.

KZA's attorneys are available to assist you with these decisions and other labor and employment matters that may arise during these difficult times. All of our attorneys are working remotely and are available via email. Please do not hesitate to contact us for assistance.

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.