States approve minimum wage, paid leave ballot questions

November 10, 2016 - by: Kate McGovern Tornone 0 COMMENTS

States with employment-related ballot questions mostly approved them during the November 8 election, and employers have little lead time before many measures will be implemented.

All told, 14 states have new provisions with which companies must comply, some as early as January 1, 2017.

Minimum wage

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Nevada Supreme Court clarifies connection between healthcare coverage, minimum wage

by Deanna L. Forbush

Nevada is unique in so many ways. For instance, unlike other states, Nevada has a constitutional provision that authorizes a two-tiered minimum wage. It’s called the Minimum Wage Amendment (MWA). Under the MWA, if an employer provides qualifying health benefits, a minimum-wage employee may be paid $1 per hour less than the upper-tier minimum wage. But what does “provide” mean? Must the employer actually enroll an employee in a qualifying health benefit plan? Or is it sufficient if the employer only “offers” a qualifying plan? That’s a significant distinction, with major economic ramifications for Nevada employers whose payrolls include minimum-wage employees.

In a unanimous opinion issued October 27, the full Nevada Supreme Court looked at the plain language of the MWA to conclude that “provide” means “offer,” thereby partially overruling a lower court’s finding that an employee must actually “enroll” in an employer’s health benefit plan before the employer is entitled to pay the lower-tier minimum wage.

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Appeals court keeps hold on Obama’s immigration orders

May 27, 2015 - by: Tammy Binford 0 COMMENTS

No quick resolution is in sight to the uncertainty surrounding President Barack Obama’s executive actions on immigration. On May 26, a three-judge panel of the U.S. 5th Circuit Court of Appeals refused to lift a temporary hold on Obama’s actions, which were designed to ease deportation worries for millions of undocumented immigrants who have been in the United States for years.

“Employers will have to wait possibly months, or years, for the courts or Congress to resolve the status of undocumented immigrants who would have been eligible for work permits under President Obama’s executive action,” said Elaine C. Young, an attorney with the Kirton McConkie law firm in Salt Lake City and an editor of Utah Employment Law Letter.

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Nevada law on social media privacy, credit reports takes effect October 1

Nevada’s new law restricting employer access to employees’ and applicants’ social media accounts and credit information goes into effect October 1. Assembly Bill 181, signed by Governor Brian Sandoval on June 13, provides protections for employees’ personal social media accounts and prohibits employers from conditioning employment on consumer credit reports or other credit information.

The social media part of the law prohibits employers from asking employees or applicants for their user names, passwords, or other information that provides access to their personal social media accounts. The law also prohibits employers from taking action or threatening to take action against employees or applicants for not providing access to their accounts.

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Nevada Law Protecting Gender Identity, Expression Goes Into Effect Saturday

September 26, 2011 - by: HR Hero 4 COMMENTS

A new Nevada law adding gender identity and expression to the list of protected characteristics goes into effect Saturday, October 1. The new law broadly defines gender identity and expression as the “gender-related identity, appearance, expression or behavior of a person, regardless of the person’s assigned sex at birth.”

Details about the new law were covered by Holland & Hart LLP employment law attorneys Anthony L. Hall and Stephan J. Hollandsworth in the August 2011 issue of Nevada Employment Law Letter (see “Gender identity: a new protected category in Nevada”). Dress codes and bathroom options are expected to be among the challenging issues for employers navigating this new territory.

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