Employees of a company who want or need to act as a witness in a lawsuit against their employer often fear that if they do their employer will retaliate against them. To help alleviate these concerns, Nevada law provides specific protections for employees who act as witnesses in legal proceedings. Retaliation for Being a WitnessRead More
Employment
Can Employers Test or Terminate Employees for Prescription Drug Use?
Most employers are rightly concerned about how the use of drugs, whether legal or illegal, can affect the ability of employees to perform their work. However, employers need to be careful about how they screen for and address prescription drug use because missteps can violate the Americans with Disabilities Act (“ADA”). Pre-employment Prescription Drug TestingRead More
Do Nevada Employers Have to Pay Overtime for 4-10 Shifts?
For some types of work, businesses might want their employees to work four ten-hour shifts each week rather than the traditional five eight-hour shifts. In Nevada, 4-10 shifts raise a question of whether employers need to pay overtime to employees who work more than eight hours in one day. Overtime Exception for 4-10 Shifts UnderRead More
OSHA Retaliation Claims against Nevada Employers
Nevada law and federal law both prohibit employers from retaliating against an employee for filing a complaint with the Occupational Safety and Health Administration (“OSHA”) or participating in an OSHA investigation. Retaliation is also illegal if an employee refuses to work under conditions unreasonably dangerous to the employee. Retaliation might include termination, demotion, a payRead More
Do Nevada Employees Have to Be Paid for Travel and Training Time?
Nevada law requires employers to pay their employees for each hour the employee works. (See NRS 608.016). Regulations describe work time as “all time worked by the employee at the direction of the employer, including time worked by the employee that is outside the scheduled hours of work of the employee.” (NAC 608.115). Nevada regulationsRead More
Why Does My Severance Agreement Have Provisions about 21 days and 7 days?
If your employer terminates you, or if you’re settling a lawsuit with your employer, then your employer will present you with a severance or settlement agreement. Often, these agreements will contain provisions that say you have 21 days to consider the offer and you can revoke your signature within 7 days of signing. These provisionsRead More