Archives

The Heat Is On: Nevada OSHA’s Proposed Heat Illness Prevention Regulation

The Nevada Occupational Safety and Health Administration (Nevada OSHA) seeks to implement a new regulation aimed at preventing heat-related illnesses and ensuring the well-being of workers in the state. While this regulation did not pass during the 2023 legislative session, it may still be brought during a special session. Nevada OSHA may still issue citations related to heat-related illnesses under its general duty clause.

Noel M. Hernandez Las Vegas Author

Ninth Circuit Again Rules Last-Leg Delivery Drivers Covered by FAA Interstate Commerce Exemption

On July 21, 2023, the U.S. Court of Appeals for the Ninth Circuit kept in place a ruling that local delivery drivers who made deliveries completely inside California are still engaged in interstate commerce and exempt from the Federal Arbitration Act (FAA).

Tim L. Johnson San Diego Author

Zachary V. Zagger New York Author

Midyear 2023 State and Major Locality Minimum Wage Increases

Several state and local minimum wage rates will soon increase, beginning on July 1, 2023 (with some increases taking place during other months in the summer and fall). This article presents the state and major locality minimum wage increases for mid-2023, along with related changes in the minimum cash wage for tipped employees where applicable.

Charles E. McDonald, III Greenville Author

Nancy S. Lester Richmond Author

Nevada OSHA’s New Increased Penalties and Targeted Inspections

The Nevada Occupational Safety and Health Administration recently announced an increase in penalties for workplace safety violations, as well as a renewed focus on specific industries for inspections. The new measures are aimed at improving workplace safety and reducing accidents in the state.

Karen F. Tynan Sacramento Author

Noel M. Hernandez Las Vegas Author

Ogletree Deakins OSHA Tracker City Feature Shines Light on Reno, Nevada Citations

Ogletree Deakins’ OSHA Tracker shows that the Occupational Safety and Health Administration (OSHA) conducted 988 inspections in Nevada in 2022, of which 2.5 percent resulted in citations. Reno, with twenty-seven citations, incurred more citations than any other city in Nevada.

Noel M. Hernandez Las Vegas Author

Ogletree Deakins OSHA Tracker City Feature: Seattle, Las Vegas Had Most OSHA Inspections

In December 2022, Ogletree Deakins launched its OSHA Tracker based on analysis of the Occupational Safety and Health Administration’s (OSHA) publicly available inspection and citation data, which dates back to the 1970s. Now, in addition to featuring individual state data and OSHA regional information, the OSHA Tracker has been enhanced with city information.

Karen F. Tynan Sacramento Author

State and Major Locality Minimum Wage Updates for 2023

Several state and local minimum wage rates will increase in 2023, with a majority of the changes effective on January 1, 2023. The following chart lists state and certain major locality minimum wage increases for 2023—and future years, if available—along with the related changes in the maximum tip credit and minimum cash wage for tipped employees.

Charles E. McDonald, III Greenville Author

Nancy S. Lester Richmond Author

2022 Midterm Elections Early Results: Control of Congress, Minimum Wage, and Legalized Marijuana

Millions of voters across the United States went to the polls on November 8, 2022, for the midterm elections, but as of November 9, 2022, control of both chambers of Congress for the second half of President Biden’s first term still hangs in the balance.

Zachary V. Zagger New York Author

Nevada High Court Rules Recreational Marijuana Is Not ‘Lawful Off-Duty Conduct’

In a decision issued on August 11, 2022, the Nevada Supreme Court declined to recognize recreational marijuana use as a “lawful” activity for purposes of the state’s law providing employment protections for “lawful activities” or “lawful off-duty conduct” outside of work.

M. Tae Phillips Birmingham Author

Suzanne L. Martin Las Vegas Author

Zachary V. Zagger New York Author

Nevada Employers, Beware the Impact of the Increased State Minimum Wage on the Daily Overtime Rate

Many employers with business operations in Nevada are aware by now that Assembly Bill 456, enacted in June 2019, increases the minimum wage in increments of 75 cents annually on July 1 of each year through 2024.

Midyear 2022 State and Major Locality Minimum Wage Increases

Several state and local minimum wage rates will increase in the latter half of 2022, with most of these changes effective on July 1, 2022. Increases to minimum wage rates for nonexempt employees and tipped employees in Florida will occur later in the year, on September 30, 2022.

Charles E. McDonald, III Greenville Author

Nancy S. Lester Richmond Author

Nevada OSHA Targets Hospitality Industry

Nevada’s Occupational Safety and Health Administration (Nevada OSHA) is performing targeted inspections of Nevada’s hospitality establishments. Even though Nevada OSHA’s “Inspection Targeting Plan and Emphasis Programs” document was last updated in August 2021, the programmed inspections are continuing with local emphasis programs related to hotels (NAICS 721110) and casino-hotels (NAICS 721120).

Karen F. Tynan Sacramento Author

Noel M. Hernandez Las Vegas Author

Minimum Wage Increases in 2022: A Chart of Upcoming Changes and Interactive Map

In 2022, while the federal minimum wage will remain at $7.25 per hour for non-tipped employees and $2.13 per hour for tipped employees, several states’ minimum wage rates will increase. The chart below lists the state (and certain major locality) minimum wage rate increases for 2022—and future years if available—along with the related changes in the maximum tip credit and minimum cash wage for tipped employees.

Charles E. McDonald, III Greenville Author

Nevada Amends Restrictive Covenant Statute

On May 25, 2021, Nevada Governor Steve Sisolak signed into law Assembly Bill (AB) 47, which amends Nevada’s noncompetition statute, NRS 613.195 and the Nevada Unfair Trade Practices Act. The changes will go into effect on October 1, 2021.

Anthony L. Martin Las Vegas Author

Suzanne L. Martin Las Vegas Author

Corissa L. Pennow Milwaukee Author

2021 State Minimum Wage Increases

Several states’ minimum wage rates will increase in 2021. The following chart lists the state (and certain major locality) minimum wage increases for 2021—and future years, if available—along with the related changes in the maximum tip credit and minimum cash wage for tipped employees.

Charles E. McDonald, III Greenville Author

Time to Vote: Employee and Employer Voting Leave Rights and Obligations for the 2020 Elections

Elections in the United States are scheduled for Tuesday, November 3, 2020. Not only will the office of president of the United States be contested, but all 435 seats in the U.S. House of Representatives and 35 of the 100 seats in the U.S. Senate are up for grabs. At the state level, elections will be held for the governorships of 11 U.S. states and 2 U.S. territories.

Blog