Nevada News & Analysis

  • Start off 2019 with new or revised handbook

    Last year brought an unusual number of changes in employment law. Various federal agencies got into the groove of aggressively undoing a lot of requirements their predecessors in the Obama administration had put into place. In addition, there was an increasing number of employment-related requirements from state and local governments.

  • 9th Circuit enforces arbitration agreement that waives class actions

    A recent decision from the U.S. 9th Circuit Court of Appeals (whose rulings apply to all Nevada employers) demonstrates the potential advantages of having employees agree to arbitrate employment disputes rather than suing in court, especially if the arbitration agreement waives the right to file a class action.

  • Wellness programs are about more than health insurance costs

    When attorneys talk or write about wellness programs, it's almost always from a highly legal perspective. We could talk all day about the convoluted and overlapping requirements of the various laws that apply to such programs. But this month, we want to take a different approach and look at wellness programs from more of a business perspective.

  • 9th Circuit allows retired players to pursue lawsuit against NFL

    Retired NFL players sued the league, claiming it distributed controlled substances and prescription drugs to them in violation of state and federal laws and the manner in which the drugs were administered left them with permanent injuries and chronic medical conditions. The players contended that the NFL's actions were negligent and that the league was liable for negligently hiring and retaining incompetent persons to dispense the drugs, negligent misrepresentations, fraudulent concealment, fraud, and loss of consortium.

  • Risky business: the discharge decision

    One of the most difficult decisions that you'll face is whether to discharge an employee. It's also one of the riskiest decisions that you'll have to make. As a result, whenever a discharge becomes necessary, you will want to place yourself in the best possible position to defend it should a lawsuit arise. This article helps with placing you in that position.

  • Agency Action

    DOL announces record amount in recovered wages. The U.S. Department of Labor (DOL) announced in October that its Wage and Hour Division (WHD) had recovered a record $304 million in wages owed to workers in fiscal year (FY) 2018. The WHD also announced it set a new record for compliance assistance events in FY 2018, holding 3,643 educational outreach events to help employers understand their responsibilities under the law. The DOL also announced an extension of the voluntary Payroll Audit Independent Determination (PAID) program, which is a compliance initiative aimed at helping workers receive more back wages due in an expedited manner.

  • Workplace Trends

    Research shows slow growth for middle-wage jobs. A study from CareerBuilder shows that highand low-wage job growth is overshadowing the increase in middle-wage jobs. According to the study, the United States is expected to add 8,310,003 jobs from 2018 to 2023, with just one-fourth of them in the middle-wage category. Factored into the total job growth is an expected loss of 369,879 jobs over the same period, with middle-wage occupations experiencing the majority of the decline. The research shows that a total of 121 occupations will experience a decline in jobs between 2018 and 2023, and 75 of them are middle-wage jobs. Highand low-wage occupations are expected to have the highest net job growth from 2018 to 2023 at 5.71% and 5.69%, respectively. Middle-wage employment will grow at 3.83%. STEM-related occupations will continue to dominate fast-growing occupations, according to the research.

  • Dealers win: SCOTUS declines to overturn Nevada tip-pooling case

    Nevada employers, specifically gaming establishments, have been closely monitoring a lawsuit filed by Wynn Las Vegas dealers. On June 25, 2018, the U.S. Supreme Court denied the casino's petition to overturn a decision from the U.S. 9th Circuit Court of Appeals (whose rulings apply to all Nevada employers) that the casino must end its practice of sharing dealer tips with supervisors.

  • Investigating comp coverage likely applies to illness on a business trip

    Q We had an employee travel to Mexico for business. She ended up getting the flu and had a doctor come see her at the hotel. Unfortunately, the employee's health insurance doesn't cover treatment in Mexico. Since the illness occurred during business travel, do we need to cover the cost of the doctor?

  • 9th Circuit explains limitations on First Amendment rights

    The First Amendment prohibits governmental interference with the right of free speech. However, employees of governmental entities such as city police departments have only limited rights of free speech. If they speak out as private citizens on matters of public importance, they are protected, but if they speak out as public employees in the course of performing their job duties, the First Amendment doesn't protect them. That distinction was the subject of a recent decision from the 9th Circuit.