Nevada Employment Law Update — May 2019

Oregon Employment Law Update — May 2019
May 31, 2019
New Hampshire Employment Law Update — May 2019
May 31, 2019

Nevada

Employment Discrimination

On May 21, 2019, Nevada Governor Steve Sisolak signed legislation (S.B. 177) adding the following regarding right-to-sue notices and damage awards:

  • Complainants alleging an unlawful discriminatory employment practice must receive a right-to-sue notice from the Nevada Equal Rights Commission if requested and if at least 180 days have passed since the complaint was filed. The notice must indicate that the person may, no later than 90 days after the date of receipt of the right-to-sue notice, bring a civil action against the person named in the complaint.
  • When a court finds that an employee has been injured by an unlawful employment practice, the court may award the employee the same legal or equitable relief as available under Title VII of the federal Civil Rights Act, if the employee is protected by the federal law, or Nev. Rev. Stat. § 613.330.

The law also clarifies that an action for unlawful employment discrimination must be brought the later of the following:

  • Within 180 days after the date of the act; or
  • Within 90 days after the date of the receipt of the right-to-sue notice.

The law is effective October 1, 2019.

Read NV S.B. 177

Health Benefits and State Minimum Wage

On May 21, 2019, Nevada Governor Steve Sisolak signed legislation (S.B. 192) prescribing specific requirements for employers when providing health benefits per the first tier of the state minimum wage rate (when qualifying health insurance benefits are made available by the employer then the rate is lower). Under the amended law, an employer provides health benefits (and thus may pay the lower minimum wage rate) only if it makes available to the employee and the employee’s dependents:

  • At least one health benefit plan that provides:
    • Coverage for services in each of the following categories and the items and services covered within the following categories:
      • Ambulatory patient services;
      • Emergency services;
      • Hospitalization;
      • Maternity and newborn care;
      • Mental health and substance use disorder services, including, without limitation, behavioral health treatment;
      • Prescription drugs;
      • Rehabilitative and habilitative services and devices;
      • Laboratory services;
      • Preventative and wellness services and chronic disease management;
      • Pediatric services, which are not required to include oral and vision care;
      • Any other health care service or coverage level required to be included in an individual or group health benefit plan; and
    • A level of coverage that is designed to provide benefits that are actuarially equivalent to at least 60 percent of the full actuarial value of the benefits provided under the plan; or
  • Health benefits pursuant to a Taft-Hartley trust that is formed pursuant to 29 U.S.C. § 186(c)(5) and qualifies as an employee welfare benefit plan pursuant to:
    • The federal Employee Retirement Income Security Act (ERISA); or
    • The provisions of the Internal Revenue Code; and
    • Does not provide health benefits as described in Nevada Constitution (payment of minimum compensation to employees) if the employer makes available to the employee and the employee’s dependents a hospital-indemnity insurance plan or fixed-indemnity insurance plan unless the employer separately makes available to the employee and the employee’s dependents at least one health benefit plan that complies with ERISA.

The law is effective October 1, 2019.

Read NV S.B. 192

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