Nevada News & Analysis

  • U.S. Supreme Court rejects narrow interpretation of FLSA exemptions

    The U.S. Supreme Court recently ruled that service advisers at car dealerships are exempt from the overtime pay requirements of the federal Fair Labor Standards Act (FLSA). The decision, which clarifies an issue that has gone back and forth for many years, could affect thousands of car dealerships around the country.

  • Congress pins down tip-pooling requirements

    When Congress passed another spending bill in March 2018, few people were expecting it to resolve a somewhat obscure and highly technical dispute over how employers allocate tips among their workers. Nevertheless, that's exactly what the law does, and the result is much-needed clarity on the topic. Let's take a closer look at tip pools, their history, and what the new law accomplishes.

  • New DOL program offers self-reporting of wage and hour violations

    The U.S. Department of Labor (DOL) announced in March 2018 that it is launching a program to allow employers a chance to self-audit their wage and hour practices—and report any violations they find—in exchange for limited protection from additional liabilities and claims. The program, dubbed the Payroll Audit Independent Determination (or PAID) program, will start as a six-month pilot, after which the DOL will decide whether to offer it on a permanent basis.

  • Impact of new tip-pooling requirements in Nevada

    Nevada law prohibits employers from taking tip credits against their minimum wage obligations. However, in light of the changes affecting tip pools enacted by Congress in the March spending bill, Nevada employers may once again include any employee they choose in a tip pool, irrespective of whether the employee is a tip earner, as long as she isn't a manager or a supervisor. The U.S. Department of Labor's (DOL) Wage and Hour Division (WHD) recently clarified the rules for tip pooling in its April 6, 2018, Field Assistance Bulletin (FAB).

  • #MeToo should end unchecked power in the workplace

    Q The #MeToo phenomenon has put employers and HR pros everywhere on notice that people are no longer willing to hide or be quiet about their experiences with sexual harassment and assault. We have stepped up our vigilance and training to identify and root out harassment in our workplace, but of course we know we can do more. In your estimation, what is the big takeaway for employers from this worldwide pushback against offensive behavior? Is this a moment or a movement? Do you think we will ever arrive at a day when our workplaces are free of such inappropriate behavior?

  • FY 2019 H-1B cap has been reached

    On April 6, 2018, U.S. Citizenship and Immigration Services (USCIS) announced that between April 2 and April 6, it received more than enough applications for new H-1B visas for fiscal year (FY) 2019. Applications for visas exceeded the quota, for both the regular 65,000 limit (also called a "cap") and the additional 20,000 limit for people who have an advanced degree from a U.S. university. Because it received more applications than the quota permits for both bachelor's and master's cap cases within the first five business days of April, USCIS will use a lottery system to randomly select petitions until it reaches the numerical limit. USCIS will reject petitions that are subject to the cap and are not randomly selected.

  • Agency Action

    DOJ sues California over immigration. U.S. Attorney General Jeff Sessions announced in March 2018 that the U.S. Department of Justice (DOJ) had filed a lawsuit against California based on the state's enactment of laws seen as creating "sanctuary" jurisdictions. The DOJ says three different state laws "intentionally obstruct and discriminate against the enforcement of federal immigration law." The department contends that the laws are preempted by federal law and "impermissibly target the Federal Government, and therefore violate the Supremacy Clause of the United States Constitution."

  • 9th Circuit again reverses NLRB in 20-year-old Las Vegas casino case

    For over 20 years, the U.S. 9th Circuit Court of Appeals (whose rulings apply to all Nevada employers) and the National Labor Relations Board (NLRB) played back-and-forth with a case addressing whether two casinos were allowed to stop deducting union dues when the collective bargaining agreements (CBAs) with the employees' unions expired. Read on for the (hopefully) final result.

  • Handling sexual orientation discrimination in confusing legal landscape

    In 1998, the U.S. Supreme Court recognized that sexual harassment could be perpetrated by a man against another man or a woman against another woman. When that decision was issued, many commentators pondered whether discriminating against or harassing someone because of her sexual orientation also violates Title VII of the Civil Rights Act of 1964. Who would have thought that 20 years later, there still wouldn't be a clear answer to that question?

  • Employer's failure to engage in interactive process justified jury verdict

    An employer discharged a disabled employee at the conclusion of her workers' compensation claim. The employer argued there were no available reasonable accommodations for the employee. The 9th Circuit recently disagreed and upheld the jury's verdict in the employee's favor.