Legislative Update in re Employment and Labor – Bills #AB163, #SB147

Read short updates submitted by Kristen T. Gallagher, Co-Chair, Employment & Labor Law Practice, McDonald Carano LLP for the Communiqué (Sep. 2023).

By Kristen T. Gallagher, Co-Chair, Employment & Labor Law Practice, McDonald Carano LLP

Bill #AB163

AB163 expands Nevada’s existing domestic violence leave law set forth in NRS 608.0198 to an employee who is a victim, or whose family or household member is a victim, of sexual assault (as defined by NRS 200.366). Leave must be used within 12 months and may be used consecutively or intermittently. Employers are prohibited from requiring an employee to find a replacement worker and retaliating against any employee using available leave. Employers must also post the Labor Commissioner’s bulletin describing these benefits.

Effective Date: January 1, 2024

Bill #SB147

SB147 amends (a) the definition of “wages” under NRS 608.012 to include amounts due to an employee placed on “nonworking status,” and (b) NRS 608.040, Nevada’s waiting time penalty statute, to include these amounts. SB147 defines “nonworking status” as a temporary layoff where the employee remains employed and may be called back to work by the employer at a future date. It does not include employees who are (a) on suspension pending an employment-related investigation, (b) on suspension pursuant to a disciplinary action, (c) on-call for available work, or (d) on an approved leave of absence.

Effective Date: July 1, 2023

About the Legislative Updates

This issue of the Communiqué (Sep. 2023) features select updates related to recent legislation passed during the 82nd Session of the Nevada Legislature (2023). Authors were instructed to limit their submissions due to space constraints of the printed publication.

This article was originally published in the Communiqué, the official publication of the Clark County Bar Association, (Sep. 2023). See https://clarkcountybar.org/about/member-benefits/communique-2023/communique-september-2023/

© 2023 Clark County Bar Association (CCBA). All rights reserved. No reproduction of any portion of this issue is allowed without written permission from the publisher. Editorial policy available upon request.

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