As most employers are aware, Nevada has a two-tier minimum wage system. Currently, Nevada employers are required to pay their employees a minimum of $8.25 per hour unless they qualify to pay the lower tier minimum wage rate of $7.25 per hour. Employers seeking to qualify for the lower tier minimum wage must meet the following requirements: (1) the employer must offer qualifying health insurance benefits; (2) those benefits must be offered to the employee and any dependents; (3) the employee’s share of the cost of the premium for health insurance benefits cannot exceed 10 percent of the employee’s income; and (4) the employer must provide a benefit in the form of health insurance at least equivalent to the one dollar per hour in wages that the employee would otherwise receive. Nevada employers that believe they qualify to pay the lower minimum wage should consider reviewing their health insurance benefits to ensure the benefits meet the stringent requirements of Nevada Administrative Code sections 608.102 and 608.104.
The Ninth Circuit recently issued two mostly pro-employer federal Fair Credit Reporting Act (FCRA) background check decisions.
In 2020, a number of states’ minimum wage rates will increase. The following chart lists the states’ (and certain major localities’) minimum wage increases for 2020—and future years if available—along with the related changes in the maximum tip credit and minimum cash wage for tipped employees. The federal minimum wage will remain at $7.25 per
On February 25, 2019, in a much awaited decision, the Supreme Court of the United States issued a per curiam ruling in Yovino v. Rizo, No. 18-272, 586 U.S. ___ (2019). Rather than address the substantive issue of whether an employer may rely on salary history to establish starting pay under the federal Equal Pay Act (EPA), the Court vacated and remanded the matter on a procedural—yet still important—issue.
The Ninth Circuit Court of Appeals issued its highly-anticipated website accessibility opinion in Robles v. Domino’s Pizza, reaffirming the obligation to make retailers’ websites accessible and rejecting the due process and primary jurisdiction arguments commonly asserted by defendants in website accessibility litigation.
In 2019, a number of states’ minimum wage rates will increase.
On July 24, 2018, the Ninth Circuit Court of Appeals ruled in Munro v. University of Southern California, No. 17-55550, that an employer/fiduciary of a 401(k) plan cannot force a fiduciary breach claim under Employee Retirement Income Security Act (ERISA) section 502(a)(2) into arbitration.
In the new year, Nevada employers will be required to provide workplace protections for employees who are victims of domestic violence. Nevada Senate Bill 361, which was signed into law by Governor Brian Sandoval over the summer, will become effective on January 1, 2018.
“Once an employer becomes aware of the need for accommodation, that employer has a mandatory obligation under the ADA to engage in an interactive process with the employee to identify and implement appropriate reasonable accommodations.”
Can an employer’s perceived preferential treatment of an alleged rapist create a hostile work environment for the female employee who reported the rape? The Ninth Circuit Court of Appeals recently held that a jury should determine the answer to that question.
On August 8, 2017, the Nevada attorney general moved to intervene in an action brought by Americans with Disabilities Act (ADA) serial litigant Kevin Zimmerman and to consolidate it with the more than 150 other pending Zimmerman actions in the U.S. District Court for the District of Nevada.
The Nevada Equal Rights Commission has published its official notice for the new Nevada Pregnant Workers’ Fairness Act. As you likely know by now, Nevada employers with at least 15 employees must immediately post this notice in the workplace in a conspicuous place (e.g., where other legal employee notices are currently posted).