Nevada News & Analysis

  • NLRB General Counsel issues guidance on employer handbook rules

    In the 2004 decision Lutheran Heritage Village-Livonia, the National Labor Relations Board (NLRB) held that the mere maintenance of a neutral work rule violated Section 8(a)(1) of the National Labor Relations Act (NLRA) if employees could "reasonably construe" the rule to prohibit protected concerted activity under Section 7 of the Act. Thirteen years later, in its The Boeing Company decision, the Board found that the rule espoused in Lutheran Heritage failed to give consideration to the employer's stated justifications for implementing a given work rule. The earlier approach often produced arbitrary and nonsensical NLRB decisions that appeared to hinge on what the earlier Board majority believed an employer may think about a particular rule.

  • Mandatory union fees a thing of the past in public sector

    In a long-awaited decision, the U.S. Supreme Court recently overturned 40-year-old precedent and ruled 5-4 against mandatory union fees in Janus v. AFSCME, its last decision of the term. The decision is being touted as the most significant development affecting collective bargaining rights in decades.

  • Planning and education are key to successful HSA

    Over the past decade, the percentage of employers offering a health savings account (HSA) to their employees has grown dramatically. HSAs are a form of "consumer-driven health plan," a category of employee benefit that strives to place more responsibility on employees to be better consumers of health care. In short, employees pay 100 percent of the deductible under a high-deductible health plan (HDHP). In return, they are given the opportunity to contribute to an HSA, which offers substantial tax benefits.

  • Agency Action

    USCIS and DOJ announce partnership. Two federal agencies have announced an agreement that expands their collaboration in an effort to better detect and eliminate fraud, abuse, and discrimination by employers bringing foreign visa workers to the United States. In May, U.S. Citizenship and Immigration Services (USCIS) and the Department of Justice (DOJ) announced the memorandum of understanding, explaining that it is aimed at increasing their ability to share information and help identify, investigate, and prosecute employers that may be violating the law. The new agreement expands on a 2010 agreement that enabled the agencies to share information about E-Verify misuse and employment discrimination.

  • Work bonus shouldn't punish employees on protected leave

    Q Our company recently implemented a weekly attendance bonus based on working the entire work schedule. The policy states employees must be "present" for the entire week and will not earn the bonus if they use vacation or are on any type of leave. Is this policy legal?

  • 50 shades of uncertainty, or the grey area between termination and retention

    The Fifty Shades of Grey trilogy has sold more than 100 million copies worldwide, and movies based on E.L. James' steamy novels have introduced bondage, domination, and sadomasochism (BDSM)—once relegated to the dark corners of the fetish world—to a mainstream population that was formerly blissfully unaware of the acronym. So imagine a Las Vegas political consulting firm's shock and surprise when it opened for business one Monday morning to learn its clients were publicly accusing a recently hired consultant of being the dominating force in an abusive and coercive sex-slave relationship.

  • What SCOTUS's endorsement of class action waivers means for Nevada employers

    In Epic Systems Corp. v. Lewis, the U.S. Supreme Court decided that employers may require employees to sign arbitration agreements containing a class action waiver. The May 21 decision, which many workers' rights advocates across the country view as controversial, has the potential to drastically reduce employees' ability to file class or collective actions over claims that arise during their employment. The Court clearly stated that employers can include class action waivers in employee arbitration agreements without fear of facing claims under the National Labor Relations Act (NLRA) or having the waivers invalidated by a court.

  • Latest wage and hour class action has lessons for all employers

    A class action is a process whereby one person is permitted to sue on behalf of herself and on behalf of other similarly situated persons. In federal court, the process is regulated by Federal Rule of Civil Procedure 23, which imposes several requirements that must be satisfied before a claim may be "certified" to proceed as a class action. One of the requirements is referred to as the "predominance" requirement. It comes from Rule 23(b)(3), which says a plaintiff seeking certification as a class action must demonstrate that "questions of law or fact common to class members predominate over any questions affecting only individual [class] members."

  • 9th Circuit says Uber, Lyft drivers might not have right to organize

    In 2015, the city of Seattle adopted a first-in-the-nation ordinance that permits independent contractor drivers for ride-share companies such as Uber and Lyft to band together like a union and bargain collectively over their compensation. Uber, Lyft, and a more traditional taxi company—supported by the U.S. Chamber of Commerce—challenged the ordinance.

  • 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.