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What are the requirements relating to advertising open positions?
It is unlawful to induce, influence, persuade or engage workers to change from one place to another through means of false or deceptive representations, false advertising, or false pretences concerning the character of the work, the amount of pay, sanitary or other work conditions, or the existence of a strike or other labor unrest (Nev. Rev. Stat. § 613.010). In addition, employment agencies may not knowingly send an applicant to any place where a strike, lockout or other labor trouble exists without providing the applicant with a written statement of that fact and retaining a copy signed by the applicant for one year (Nev. Rev. Stat. § 611.290). Employers must also comply with the anti-discrimination provisions of the Nevada Equal Opportunities for Employment Act (Nev. Rev. Stat. §613.310 et seq.).
What can employers do with regard to background checks and inquiries?
(a) Criminal records and arrests
Nevada law does not restrict an employer’s use of criminal history records for arrests and convictions. However, the Nevada Equal Rights Commission pre-employment guidelines discourage inquiries regarding arrests that did not result in conviction.
(b) Medical history
It is unlawful for a Nevada employer to:
- ask or encourage an employee or job applicant to submit to a genetic test;
- require or administer a genetic test to a person as a condition of employment;
- deny employment based on genetic information;
- alter the terms, conditions or privileges of employment based on genetic information; or
- terminate employment based on genetic information (Nev. Rev. Stat. § 613.345).
(c) Drug screening
Nevada has no state law regulating drug and alcohol testing by private employers. However, employers should note that Nevada’s medical marijuana statute provides that employers may need to accommodate the medical use of marijuana outside the workplace, so care should be exercised when denying employment due to a positive drug test for marijuana.
Covered public employers must comply with alcohol and drug-testing procedures set forth in Nev. Rev. Stat. § 284.406 et seq.
(d) Credit checks
Nevada restricts the use credit reports by employers. Generally, employers cannot require, request, suggest, or cause employees or applicants to submit to a credit report as a condition of employment, unless an exception exists. In addition, employers may not discipline, discharge, or discriminate against an employee or applicant on the basis of a credit report, or the failure to provide a credit report.
Exceptions that allow the use of credit reports in the employment context include:
- when required or authorized by state or federal law;
- when based on reasonable belief, the individual has engaged in specific activity that may constitute a violation of law; and
- when credit information is reasonably related to the position for which the employee or applicant is being considered.
The information in the consumer credit report or other credit information shall be deemed reasonably related to such an evaluation if the duties of the position involve:
- the care, custody and handling of, or responsibility for, money, financial accounts, corporate credit or debit cards, or other assets;
- access to trade secrets or other proprietary or confidential information;
- managerial or supervisory responsibility;
- the direct exercise of law enforcement authority as an employee of a state or local law enforcement agency;
- the care, custody and handling of, or responsibility for, the personal information of another person;
- access to the personal financial information of another person;
- employment with a financial institution that is chartered under state or federal law, including a subsidiary or affiliate of such a financial institution; or
- employment with a licensed gaming establishment (Nev. Rev. Stat. §613.520 et seq.).
(e) Immigration status
There is no Nevada law regarding immigration or employment eligibility verification. However, if the U.S. Attorney General finds that a person who holds a state business license has engaged in the unlawful hiring or employment of an unauthorized alien, the Nevada Tax Commission will hold a hearing to determine whether to take action against the person, which may include administrative fines. Evidence that the business attempted to verify the social security number of the unauthorized alien within six months of the hire date may be used as prima facie evidence that the violation was not willful, flagrant or otherwise egregious (Nev. Rev. Stat. §360.796).
(f) Social media
Nevada employers may not directly or indirectly require, request, suggest, or cause any employee or applicant to disclose the user name, password, or any other information that provides access to the individual’s personal social media account. Employers also may not discharge, discipline, or discriminate against any employee or applicant for refusing or failing to disclose such information (Nev. Rev. Stat. §613.135).
Under Nevada Law, employers cannot discriminate based on an employee’s use of a lawful product outside the employer’s premises during non-working hours, as long as the use does not affect the employee’s ability to perform his or her job or the safety of others (Nev. Rev. Stat. §613.333). Consequently, employers should be careful when inquiring about off-duty use of lawful products, such as tobacco.
Wage and hour
What are the main sources of wage and hour laws in your state?
Nevada Revised Statutes, Chapter 608, Compensation, Wages and Hours; and the Nevada Constitution, Article XV, Section 16.
What is the minimum hourly wage?
Nevada has two different minimum wage rates, depending on whether the employer provides qualified health benefits. As of January 1 2016, the minimum wage for employees who receive qualified health benefits from their employers is $7.25 per hour. The minimum wage rate for employees who do not receive qualified health benefits is $8.25 per hour. Pursuant to the Nevada Constitution, the minimum wage rate is reviewed each year and can be adjusted each July.
Nevada employers may not use any tip income to offset the minimum wage requirement (Nev. Rev. Stat. §608.160).
What are the rules applicable to final pay and deductions from wages?
An employee who is terminated must be paid all earned wages immediately (Nev. Rev. Stat. §608.020). When an employee resigns or quits his or her employment, the wages and compensation earned must be paid no later than the day on which the employee would have been regularly paid, or seven days after the resignation, whichever is earlier (Nev. Rev. Stat. §§608.020; 608.030). If an employee’s wages are not paid in a timely manner, employers may be liable for a waiting time penalty of up to 30 days’ wages.
Generally, deductions from wages are permitted for any dues, rates or assessments becoming due to any hospital association or relief, savings or other department or association maintained by the employer or employees for the benefit of employees, or other deductions authorized by written order of an employee. The authorization from the employee must be specific to the circumstance leading to the deduction (i.e., specific purpose of the withholding, amount to be withheld, and pay period for which the withholding is to be made). Blanket pre-authorizations are not permitted (Nev. Admin. Code 608.160). Employers must provide an itemized list showing the deductions from the total amount of wages (Nev. Rev. Stat. §608.110).
Hours and overtime
What are the requirements for meal and rest breaks?
Nevada requires that employers provide a meal period of at least half an hour to employees working a continuous eight-hour period. Rest periods of at least 10 minutes are required for every four hours worked, or a major fraction of four hours (interpreted by regulation to mean at least three and a half continuous hours) (Nev. Rev. Stat. §608.019; Nev. Admin. Code §608.145).
Pursuant to Section 608.145 of the Nevada Administrative Code, employees are entitled to the following rest periods:
- one 10-minute rest period if the employee works at least three-and-a-half continuous hours and less than seven continuous hours;
- two 10-minute rest periods if the employee works at least seven continuous hours and less than 11 continuous hours;
- three 10-minute rest periods if the employee works at least 11 continuous hours and less than 15 continuous hours; or
- four 10-minute rest periods if the employee works at least 15 continuous hours and less than 19 continuous hours.
Employees may agree to voluntarily forgo any rest period or meal period, but the employer must be able to show the existence of such an agreement.
What are the maximum hour rules?
Nevada employees engaged in work in underground mines cannot work more than eight hours within any 24-hour period (Nev. Rev. Stat. §608.200).
With limited exceptions, minors under the age of 16 may not work more than 48 hours in any week, or more than eight hours in any day (Nev. Rev. Stat. §609.240).
For overtime purposes, unless an exception applies, Nevada requires that overtime pay be paid to non-exempt employees at one-and-a-half times their regular hourly rate for hours worked in excess of 40 hours per working week, and on a daily basis for hours worked over eight hours per day (Nev. Rev. Stat. §608.018).
How should overtime be calculated?
Nevada requires that overtime pay be paid to non-exempt employees at one-and-a-half times their regular hourly rate for hours worked in excess of 40 hours per working week, and on a daily basis for hours worked over eight hours per day. Daily overtime is calculated based on the 24-hour period beginning at the start of each shift, not based on a calendar day. Employers and employees may agree to a schedule of four 10-hour shifts that will not trigger the daily overtime requirement (Nev. Rev. Stat. §608.018).
What exemptions are there from overtime?
Nevada exemptions from overtime include:
- employees not covered by the state minimum wage provisions (this provision is controversial, as it refers to minimum wage exemptions that are no longer in effect);
- outside buyers;
- employees in a retail or service business if their regular rate is more than one-and-a-half times the minimum wage and more than half of their compensation is from commission;
- employees in executive, administrative, and professional capacities;
- employees covered by collective bargaining agreements which otherwise provide for overtime;
- employees of businesses with a gross sales volume of less than $250,000 per year; and
- additional categories for employees in particular industries (Nev. Rev. Stat. §608.018).
What payroll and payment records must be maintained?
Nevada requires that the following records be kept by employers for two years for each pay period for each employee:
- gross wage or salary other than compensation for services, food, housing or clothing;
- net case wage or salary;
- total hours employed in the pay period by noting the number of hours per day; and
- date of payment (Nev. Rev. Stat. §608.115).
Federal payroll record-keeping requirements exist under the Fair Labor Standards Act.