Nevada Supreme Court clarifies connection between healthcare coverage, minimum wage

October 28, 2016 0 COMMENTS

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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Nevada Law Protecting Gender Identity, Expression Goes Into Effect Saturday

September 26, 2011 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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