Las Vegas’ pioneering spirit, enterprising nature, and can-do attitude remain its workforce’s greatest assets. Although the majority of the workforce in Southern Nevada comprises of gaming, tourism, and educational instruction, there are several emerging industries and businesses, and hiring has consistently been on the rise since the Great Recession. In fact, since April 2017, Nevada has been fourth in the nation in job growth, and has dipped below five percent in the state unemployment rate.
Up-to-date employment and unemployment numbers can be found through the Nevada Department of Employment, Training and Rehabilitation.
Important Labor Laws
The Wage and Hour division of the U.S. Department of Labor administers laws pertaining to minimum wage, child labor, and payday law provisions. For more information, visit its website.
Minimum wage laws dictate that employees for whom qualifying health benefits have been made available by the employer be paid no less than $7.25 per hour, and for all other employees (those who are not offered health benefits), minimum wage is $8.25 per hour.
The U.S. Equal Employment Opportunity Commission (EEOC) enforces laws that prohibit discrimination in employment on the basis of race, color, sex, religion, national origin, age, disability, or in retaliation for opposing job discrimination, filing a charge, or participating in proceedings under the law. Equal employment opportunity laws generally extend to applicants and employees of most public and private employers with 15 or more employees. The EEOC offers a voluntary mediation program as an alternative to the traditional investigative or litigation process. Mediators are bound by confidentiality provisions and may not provide information about the mediation to the EEOC investigative staff if the matter is referred for investigation. Visit eeoc.gov for more information.
Unless excluded by statute, it is mandatory for an employer who has one or more employees to provide workers’ compensation insurance coverage. Some employees are excluded by NRS 616A.110 due to unique criteria. The Division of Industrial Relations, Workers’ Compensation Section (WCS) is responsible for ensuring all employers are in compliance with the law. Penalties for non-compliance with workers’ compensation mandates include administrative fines, premium penalties, business closure, financial liability, and criminal penalties.
Employers should prominently display in their places of business:
- Informational poster to be displayed by employers. (NAC 616A.460, Form D-1)
- Poster to be displayed by employers with employees who receive tips. (NAC 616A.470, Form D-22)
In addition, the employer should – at all times and at all locations – be ready to furnish:
- The policy including the declaration page issued by private carrier; or
- Certificate issued by the commissioner if self-insured; or,
- Certificate issued by the commissioner and a certificate or letter issued by an association of self-insured public or private employers.
Note: Temporary worksites (less than one year) must produce the above information within 24 hours. (NRS616A.495)
Upon an employee illness or injury, the employer must provide forms for employee use and complete the following injury or occupational disease reporting requirements and forward the required documents in the allowable timeframe:
- C-1, Notice of Injury or Occupational Disease (Incident Report) and
- C-3, Employers Report of Industrial Injury or Occupational Disease (NRS 616C.015 & 616C.045)
This is in addition to providing immediate first aid to the injured employee (NRS 616C.085) and complete the workers’ compensation claim form (C-3) within six working days of receipt of the C-4 form from the medical provider and file it with the insurer (NRS 616C.045).
All employers must verify the employment eligibility of every new employee, including U.S. citizens and lawful permanent residents, by completing and maintaining on file a copy of the Form I-9. Under the Immigration and Nationality Act, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. Employers must keep each I-9 on file for at least three years, or one year after employment ends, whichever is longer. For more information, visit the U.S. Department of Labor website.
Family and Medical Leave Act (FMLA)
FMLA provides a means for employees to balance their work and family responsibilities by taking unpaid, job-protected leave for certain reasons. The Act is intended to promote the stability and economic security of families as well as the nation’s interest in preserving the integrity of families.
The FMLA applies to any employer in the private sector who engages in commerce, or in any industry or activity affecting commerce, and who has 50 or more employees each working day during at least 20 calendar weeks in the current or preceding calendar year.
The law also covers all public agencies (state and local governments) and local education agencies (schools, whether public or private). These employers do not need to meet the “50-employee” test.
To be eligible for FMLA leave, an individual must meet the following criteria:
- Be employed by a covered employer and work at a worksite within 75 miles of which that employer employs at least 50 people;
- Have worked at least 12 months (which do not have to be consecutive) for the employer; and
- Have worked at least 1,250 hours during the 12 months immediately before the date FMLA leave is to begin.
The 12 work weeks of leave can be used for:
- Birth and care of the employee’s child, within one year of birth
- Placement with the employee of a child for adoption or foster care, within one year of placement;
- For the employee’s won serious health condition that makes the employee unable to perform the functions of his or her job;
- Any qualifying exigency arising out of the fact that the employee’s spouse, child, or parent is on active duty or has been notified of an impending call or order to active duty in the U.S. National Guard or Reserves in support of a contingency operation.
26 work weeks of leave during a 12-month period can be used to care for a covered service member with a serious illness or injury if the employee is the spouse, child, parent, or next of kin of the service member.
For more information on FMLA, click here.