The Nevada Employment Law Guide

Employers must provide all uniforms or accessories with a distinctive style, color or material, without cost to employees. If a uniform or accessory requires a special cleaning process, and cannot be easily laundered by an employee, the employer must clean the uniform or outfit without cost to the employee.

Nevada requires that employers conduct background checks on the following types of employees: Medical facility personnel; Childcare facility personnel; Foster home personnel; Administrative or financial personnel at private colleges or universities.

Employers may not obtain credit reports on applicants or employees, except under the following circumstances: The employer is authorized or required by law to obtain a credit report; The employer reasonably believes that the applicant or employee has committed a specific violation of law.

Employers may also obtain credit reports if information in a credit report is reasonably related to the position the applicant or employee is being evaluated for employment, promotion, reassignment, or retention because the position involves: The care, custody, and handling of, or responsibility for, money, financial accounts, corporate credit or debit cards, or other assets; Access to trade secrets or other proprietary or confidential information; Managerial or supervisory responsibility; The direct exercise of law enforcement authority as an employee of a state or local law enforcement agency; The care, custody and handling of, or responsibility for, the personal information of another person; Access to the personal financial information of another person; Employment with a financial institution that is chartered under state or federal law, including a subsidiary or affiliate of such a financial institution; or Employment with a licensed gaming establishment.

Nevada prohibits employers from inquiring about arrest records that did not result in conviction. Employers may ask about convictions, pending charges, and current parole or probation.

It is unlawful for any employer to refuse to hire a prospective employee because the prospective employee submitted to a screening test and the results of the screening test indicate the presence of marijuana. The law does not apply to firefighters, EMTs, employees who operate a motor vehicle, or those who could adversely affect the safety of others.

Employers must pay their employees semimonthly on regular paydays the employer chooses in advance. However, the employer and employee may agree in writing to more frequent payments. Employers may pay exempt employees monthly if the employer’s principal place of business is outside of Nevada and the employer’s payroll is prepared outside of Nevada.

Employers that have at least 15 employees may not discharge or discriminate against an employee for doing any of the following: Filing a complaint, filing a lawsuit, or participating in an investigation or proceeding regarding civil rights discrimination; Filing a complaint or participating in an investigation or proceeding regarding workplace safety; Reporting information to the state, a political subdivision, or the police regarding a fraudulent claim.

COBRA is a federal law that allows many employees to continue their health insurance benefits after their employment ends. Because federal COBRA only applies to employers that have 20 or more employees, many states have adopted their own versions of the law, which are known as “mini-COBRAs.” Nevada does not have a mini-COBRA. However, employees and their dependents may continue their health insurance while the employee is on leave without pay because of a total disability.

Employers may not do the following:

Directly or indirectly, require, request, suggest or cause any employee or prospective employee to disclose the user name, password or any other information that provides access to their personal social media account.

Discharge, discipline, discriminate against in any manner or deny employment or promotion to, or threaten to take any such action against any employee or prospective employee who refuses, declines or fails to disclose the user name, password or any other information that provides access to their personal social media account.

Nevada is an “all parties” consent state, meaning every person on a phone call must be aware that they are being monitored or recorded and have consented by placing or continuing the phone call. This means employers may monitor or record phone calls between their own employees only if each employee has been given notice that phone calls may be monitored or recorded. However, phone calls placed by employees to outside parties may not be monitored or recorded unless the outside party has also consented.

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