Nevada

Nevada Employers Invited to Comment on New Workplace Laws

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From Lexology,  Z. Kathryn Branson reports that the Nevada Labor Commissioner is seeking public comments on recently enacted legislation including a bill that changes the standard for classifying workers as employees or independent contractors. Kathryn writes: The Nevada Legislature’s 80th session recently came to a close after a flurry of activity resulted in over 25 new laws…

Nevada Law Protects Workers from Willful Misclassification and Coercion to be Classified as Independent Contractor

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From JDSupra, Dora Lane reports on changes in employment laws in Nevada including a misclassification statute effective July 1, 2019. Dora writes: SB 493 (Employee/Contractor Misclassification, effective July 1, 2019) SB 493 adds sections to NRS Chapter 608, precluding an employer from using coercion, misrepresentation, or fraud to require a person to be classified as…

Delivery driver wins workers’ comp case before state Supreme Court

approved work injury claim

From the Las Vegas Review-Journal, Sean Whaley reports a Nevada Supreme Court Decision that may allow a self-employed workers to collect workers compensation by showing loss of business income.  Sean writes: “A three-justice panel of the court said in the published ruling that for self-employed individuals, the lack of a salary associated with traditional employment…

New Nevada Supreme Court Decision on Suing Contractors

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From JDSupra, Viriginia L. Hunt discusses a recent Nevada case that said an employee who was injured by the employee of an independent contractor was not limited by workers compensation law because the independent contractor was performing a special job that the injured worker’s company was not qualified to do.  Virginia writes: “Employers who comply…

Nevada bill would define ‘independent contractor,’ exempt their workers from minimum wage laws

Nevada state map

From Fox Business, reports legislation in Nevada that would provide a definition of an independent contractor.  The report states: “A Nevada bill that would exempt businesses from paying minimum wage to independent contractors earned praise Monday from business owners who say they want the flexibility to hire people on contract. However, critics said the bill would…

How to know whether you’ve got an employee or independent contractor

Las Vegas skyline at sunset

From Vegas Inc. — “The Nevada Supreme Court recently adopted the federal economic realities test to determine under Nevada wage laws whether someone is an independent contractor or employee. Criteria include: • The degree to which the person’s work is controlled by the organization. • The individual’s investment in facilities and equipment, if any. •…

Nevada court says dancers at gentlemen’s club are employees

Nathan S. Gibson - nightclub

From the Las Vegas Review-Journal.—  “the court ruled that dancers at one of the state’s biggest clubs, the Sapphire Gentlemen’s Club in Las Vegas, are employees of the business — not independent contractors — and must be paid at least minimum wage. The successful class action case for as many as 6,000 current and former…

Gentlemen’s club cannot strip dancers of employee status

From Lexology — “The decision from the Nevada Supreme Court reminds us that, whether in a Fortune 1000 setting or the more, we’ll say “intriguing,” adult entertainment industry, there is a very fine line between classifying someone as an employee or an independent contractor, and getting it wrong can be very costly. In the recent…

Employment Law: Attorneys Speak Out

From Nevada Business —  “How do independent contractors fit into the employer/employee relationship? What are some guidelines for employers? Independent contractor status relieves the employer of a lot of responsibility with relation to laws and regulations governing the workplace. To insure that a person is an independent contractor there are strict guidelines on how to…