Employee Rights

Legal Information

Wage Claims

Nevada’s labor laws are designed to protect workers from unfair practices concerning their wages. These laws apply to most workers, with certain exceptions such as independent contractors and agricultural labor.

The Nevada Revised Statutes (NRS) and the Nevada Administrative Code (NAC) govern wage and hour laws in the state. Primarily, the Nevada Labor Commissioner’s office is responsible for enforcing these laws.

A wage claim in Nevada is a legal action filed by an employee or former employee against an employer for unpaid wages, overtime, unauthorized deductions, or other forms of wage disputes. Claims can be filed for several reasons, such as not being paid the legal minimum wage, not being paid for all hours worked, not being paid overtime, or not receiving final pay promptly after termination.

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Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA), a federal law enacted in 1993, grants eligible employees up to 12 weeks of unpaid, job-protected leave per year for specific medical and family reasons. In Nevada the FMLA’s provisions are in effect, but the state has not enacted additional legislation to expand these rights.

Employees in Nevada can take FMLA leave for reasons like childbirth, adoption, personal or immediate family member’s serious health condition, or military exigencies. A special provision allows up to 26 weeks of leave to care for a covered servicemember in a year.

Eligibility requires employees to have worked for their employer for at least 12 months, with a minimum of 1,250 hours over the past 12 months, at a location where the company has 50 or more employees within 75 miles. Upon return from FMLA leave, employees are typically restored to their original or equivalent positions. It’s advised to consult with a qualified attorney or HR professional to understand FMLA rights and responsibilities fully.

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Employment Discrimination

Nevada law protects employees and job applicants from discrimination in the workplace. This protection is granted via federal laws such as the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and the Equal Pay Act (EPA). Simultaneously, Nevada State’s own legal provisions, mainly the Nevada Equal Rights Commission (NERC), reinforce these federal statutes.

Under these regulations, it is illegal for employers to discriminate against employees or applicants based on race, color, national origin, sex (including pregnancy, childbirth, and related medical conditions), disability, age (40 years and older), religion, genetic information, sexual orientation, gender identity or expression, or marital status. Furthermore, the law protects individuals who complain about discrimination, file a charge, or participate in an employment discrimination investigation or lawsuit.

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Wrongful Termination and Retaliation

Employment is typically “at-will,” meaning an employer or employee can terminate the relationship at any time. However, “wrongful termination” can occur when an employer fires an employee for illegal reasons.

Nevada laws, along with federal ones, prohibit discrimination-based termination, which includes factors like race, religion, sex, age, disability, or national origin. Retaliation, or punishing an employee for reporting discrimination or harassment or participating in related investigations, is also illegal.

Terminating an employee in violation of employment contract terms constitutes a breach of contract, which is another form of wrongful termination. Nevada’s “whistleblower” laws protect employees from termination for refusing to partake in illegal activities.

Victims of wrongful termination or retaliation can file a complaint with the Nevada Equal Rights Commission (NERC) or the federal Equal Employment Opportunity Commission (EEOC). Legal advice is highly recommended as employment laws are complex and situation-dependent.

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The Right to Strike and Picket

The right to strike and picket in Nevada is a complex and multifaceted issue, deeply rooted in the state’s history and labor law. Emerging from the struggles of the mining and railroad industries in the early 20th century, these rights have evolved under the influence of federal and state laws, such as the Wagner Act of 1935 and the Nevada Revised Statutes.

Crucial to this process are labor unions, acting as advocates and organizers, ensuring that strikes and pickets are lawful, effective, and strategically conducted. They also offer support and protection to workers engaged in these collective actions, providing a unified front against potential employer retaliation.

Workers in Nevada are safeguarded by robust legal protections, enabling them to participate in strikes and pickets without fear of unjust repercussions. In cases of rights violations, remedies such as reinstatement, back pay, and cease and desist orders are available.

Illustrative case studies, like the long-lasting Frontier Hotel strike, demonstrate the power of these rights in action, leading to tangible improvements in working conditions. Expert opinions highlight the continued relevance of the right to strike and picket and its future developments in the ever-changing labor landscape of Nevada. Understanding these rights is vital in fostering a fair and balanced work environment in the state.

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