Nevada News & Analysis

  • Mandalay Bay owner goes on offense after mass-shooting victims' lawsuits

    Among the many precautionary measures that Nevada employers and others can take to minimize liability triggered by terrorist attacks is to require all safety equipment and service providers to obtain certification under the Department of Homeland Security's (DHS) Support Antiterrorism by Fostering Effective Technologies (SAFETY) Act of 2002. The DHS secretary has the authority to determine whether an incident was an "act of terrorism" for SAFETY Act purposes, but no decision has been made yet with regard to the October 2017 mass shooting at the 91 Harvest Festival in Las Vegas.

  • Trump announces association retirement plans while DOL publishes new ACA notices

    September 2018 was a big month for employee benefits issues. First, President Donald Trump signed an Executive Order (EO) asking the U.S. Department of the Treasury to investigate several aspects of retirement plans for small businesses, including the creation of association retirement plans (ARPs), which trade groups and others could establish for their members. Second, the U.S. Department of Labor (DOL) updated the Affordable Care Act (ACA) marketplace notices to provide more information to employees. The notices are required even when an employer doesn't provide insurance coverage. Employers that don't offer coverage should begin providing the updated notices immediately.

  • New technologies create new employee privacy issues

    Unless you work for a company that's very small or very low-tech by nature, chances are, one of your biggest challenges is keeping up with technology. If your competitors are taking advantage of the many new technological advances that promote efficiency and productivity while you're stuck in 1999, your business will struggle to compete.

  • Requiring job applicant to pay for his own MRI violates ADA

    In a recent ruling, the U.S. 9th Circuit Court of Appeals (whose rulings apply to all Nevada employers) said BNSF Railway could not require a disabled applicant to pay for additional medical testing to determine if he could perform the job for which he applied.

  • Don't ask for proof of citizenship before job offer

    Q Most of our positions require a U.S. Department of Defense (DOD) security clearance. To get a security clearance, the employee must be a U.S. citizen. Is it legal for us to require applicants to note on our employment application whether they are U.S. citizens?

  • Powder keg: what to consider putting in a workplace firearms policy

    According to the Occupational Safety and Health Administration (OSHA), each year nearly two million American workers report having been victims of workplace violence. In fact, according to the U.S. Bureau of Labor Statistics (BLS), homicide is the fifth-leading cause of workplace fatalities in the United States, accounting for eight percent of all fatal on-the-job injuries. In recent years, tragedies around the country have focused employers' attention on workplace violence, and especially on incidents involving firearms.

  • Agency Action

    NLRB launches ADR pilot program. The National Labor Relations Board (NLRB) announced in July that it is launching a new pilot program to enhance the use of its alternative dispute resolution (ADR) program. The pilot program is intended to increase participation opportunities for parties in the ADR program and help facilitate mutually satisfactory settlements. Under the new program, the NLRB's Office of the Executive Secretary will proactively engage parties with cases pending before the Board to determine whether their cases are appropriate for inclusion in the ADR program. Parties also may contact the Office of the Executive Secretary and request that their case be placed in the ADR program. There are no fees or expenses for using the program.

  • Workplace Trends

    Survey finds more than half of workers open to new job opportunities. Recruitment firms Accounting Principals and Ajilon released results of a new survey in July exploring job search trends among more than 1,000 U.S. full-time workers in sales, office, and management/professional occupations. The survey found that 25.7% of respondents are actively seeking new job opportunities and that 55.5% are passively open to new job opportunities. The survey found that salary is the most important factor respondents consider when deciding to accept a job offer. The survey also found that 43.2% of respondents would be enticed to leave their company if another one offered a better salary or pay. That rate is highest among respondents ages 18 to 25, while respondents age 55 and older are least likely to leave for better pay.

  • School district promptly responded to complaints about students' behavior

    A schoolteacher sued the public school system that employed her, asserting three basic claims: She was subjected to disparate treatment based on her race and sex, she was exposedto a hostile work environment, and she was retaliated against after she complained about the harassment. The federal district court in Hawaii concluded the teacher didn't have sufficient evidence to prove any of her claims and dismissed her case. She appealed to the U.S. 9th Circuit Court of Appeals (which has jurisdiction over seven Western states, including Nevada). The most informative portion of the 9th Circuit's decision for employers focuses on the hostile work environment claim.

  • DOL loosens rules for association health plans

    Employers may soon have new options to obtain group health insurance through association health plans (AHPs) under new regulations recently issued by the U.S. Department of Labor (DOL). A brief primer on the mechanics of insurance may be helpful before we dive into the new rules and what they could mean for you.