Most employers have some familiarity the concept of retaliation as it relates to federal equal employment opportunity (“EEO”) laws. An anti-retaliation policy is typically included within a company’s harassment and discrimination policies. However, some time may have passed since you as an employer or human resources representative have reviewed your understanding of retaliation. It very […]
Every day, employers across the state are beginning to at least consider adopting a mandatory vaccination program. Indeed, many large employers will soon be required to ensure its employees are vaccinated considering the recently published Emergency Temporary Standards. Almost as quickly as shots started going into arms, some individuals began to manufacture and/or procure fake vaccination cards to avoid being excluded from activities such as travel, entertainment, education, and employment. Notably, it’s already a […]
Senate Bill 293 (SB293), which went into effect on October 1, 2021, imposes new restrictions and obligations on Nevada employers. Specifically, it limits an employer’s ability to ask for or rely on an applicant’s wage or salary history in determining their rate of pay. It also requires employers to disclose the wage rate or salary […]
Under the Americans with Disabilities Act (ADA) asking disability-related questions or requiring medical examinations, regardless of how the information is used, can be the basis for a claim or lawsuit. EEOC guidance has defined a disability-related question as one that is likely to elicit information about a disability. Both questions directly about disability, and those […]
The Family Medical Leave Act (FMLA) provides eligible employees with up to twelve (12) weeks of unpaid, job-protected leave per twelve (12) month period. Despite FMLA being fairly well known, many businesses are still unsure if they must comply with the regulations. In simple terms FMLA applies to all public agencies, all public and private […]
According to our 2019-2020 Nevada Benefits & Personnel Practices Survey, 23% of participating employers do not allow employees to use sick time to care for a sick family member (exclusive of FMLA requirements). A new law that goes into effect on October 1st would change that. Beginning October 1st, Nevada employers who offer sick leave […]
The Americans with Disability Act (ADA) prohibits discrimination against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. Many businesses can be unsure whether the ADA applies to them, as such, this article details which employers are covered by the ADA. In […]
When the pandemic first started in 2020, many companies transitioned to a remote work model. In many cases, this involved quite a bit of work and expense on the back end. Companies had to provide equipment, internet/database/CRM access, make sure everything was secure, and still maintain a professional atmosphere. While many employees enjoyed this remote […]
The Equal Employment Opportunity Commission (EEOC) recently issued technical guidance regarding discrimination based on sexual orientation or gender identity. The technical guidance clarifies existing law regarding sex-based discrimination in light of the Supreme Court’s decision in Bostock v. Clayton County, 590 U.S. _____ (2020). In addition to explaining the Bostock decision, the technical guidance addresses […]
With an employee handbook you can communicate expectations for behavior, benefits, and working conditions. Without clear policies, an organization can struggle with enforcement of work performance standards. Because, without clear policies, how do employees know what is expected of them? In a recent unemployment hearing, a former employee (and unemployment claimant) was asked, “Did your […]
