[Rev. 2/11/2015 11:33:15
AM--2014R2]
CHAPTER 613 - EMPLOYMENT PRACTICES
SOLICITATION OF EMPLOYEES BY MISREPRESENTATION
NRS 613.010 Influencing,
persuading or engaging worker to change from one place to another by false
representations; penalty; damages.
NRS 613.020 Fraudulent
representations by employment agent or broker: Penalty.
NRS 613.030 False
representations or pretenses concerning employer’s ability to pay wages:
Penalty.
POLITICAL AFFILIATIONS
NRS 613.040 Rule
or regulation preventing political activity unlawful.
NRS 613.050 Penalty;
duty of Attorney General.
NRS 613.060 Responsibility
for acts of managers, officers, agents and employees.
NRS 613.070 Recovery
of damages by employee.
RECORDS REGARDING EMPLOYEES
NRS 613.075 Inspection
by person who is subject of records; provision of copies upon request; cost of
copies; person permitted to submit written explanation in response to
information in records and to challenge accuracy; limitations.
MISCELLANEOUS PROVISIONS
NRS 613.080 Involuntary
servitude prohibited; wages; penalty.
NRS 613.090 Obtaining
employment by false or forged letter of recommendation or union card: Penalty.
NRS 613.100 Endangering
life or property by breaking employment contract: Penalty.
NRS 613.110 Grafting
by employee: Penalty.
NRS 613.120 Unlawful
to demand or receive fee or commission as condition to giving or continuing
employment to worker; penalty.
NRS 613.125 Effect
of employer’s failure to make agreed payments to health or welfare fund;
penalty.
NRS 613.130 Unlawful
agreements concerning membership in labor organizations as condition of
obtaining or continuing employment; penalty.
NRS 613.135 Unlawful
acts of employer relating to social media account of employee or prospective
employee.
NRS 613.140 Employer
compelling or inducing employee to trade at particular store or board at
particular boardinghouse: Penalty.
NRS 613.150 Transportation
company compelling purchase of uniform from particular person or employer as
condition of continuing employment unlawful; penalty.
NRS 613.160 Spotters:
Right of employee to be confronted with accuser; penalty.
NRS 613.170 Time
checks: Discounts and deductions unlawful.
NRS 613.180 Hospital
fees: Unlawful collection from employee.
NRS 613.190 Corrupt
influencing of employee unlawful.
NRS 613.200 Prevention
of employment of person who has been discharged or who terminates employment
unlawful; criminal and administrative penalties; exception.
NRS 613.210 Blacklists
unlawful; recommendations and statements to be provided employee by employer.
NRS 613.220 Assembling
and cooperation of employees to secure increases in wages unrestricted.
NRS 613.225 Labor
Commissioner to adopt regulations to establish certain procedures required by
42 U.S.C. § 607(f).
RIGHT TO WORK
NRS 613.230 “Labor
organization” defined.
NRS 613.250 Agreements
prohibiting employment because of nonmembership in labor organization
prohibited.
NRS 613.260 Certain
contracts declared illegal and void.
NRS 613.270 Compelling
person to join labor organization or to strike against own will or to leave
employment prohibited.
NRS 613.280 Conspiracy.
NRS 613.290 Liability
for damages.
NRS 613.300 Injunctive
relief.
EQUAL OPPORTUNITIES FOR EMPLOYMENT
NRS 613.310 Definitions.
NRS 613.320 Applicability.
NRS 613.325 Authority
of Nevada Equal Rights Commission to adopt regulations relating to federal
statutes.
NRS 613.330 Unlawful
employment practices: Discrimination on basis of race, color, religion, sex,
sexual orientation, gender identity or expression, age, disability or national
origin; interference with aid or appliance for disability; refusal to permit
service animal at place of employment.
NRS 613.333 Unlawful
employment practices: Discrimination for lawful use of any product outside
premises of employer which does not adversely affect job performance or safety
of other employees.
NRS 613.335 Unlawful
employment practices: Refusal to grant leave to pregnant employees.
NRS 613.340 Unlawful
employment practices: Discrimination for opposing unlawful practice or assisting
investigation; printing or publication of material indicating prohibited
discrimination.
NRS 613.345 Unlawful
employment practices: Requiring or encouraging current or prospective employees
and members of labor organizations to submit to genetic test; denying or
altering employment or membership in labor organization based on genetic
information.
NRS 613.350 Lawful
employment practices.
NRS 613.360 Actions
permitted against member of Communist Party or related organization.
[Repealed.]
NRS 613.370 National
security.
NRS 613.380 Consideration
of seniority, quantity or quality of production and other tests of ability
permitted.
NRS 613.390 Inapplicability
to employment by certain businesses on or near Indian reservation.
NRS 613.400 Preferential
treatment of certain persons on account of imbalance in existing number or
percentage of those persons employed not required.
NRS 613.405 Complaints
concerning unlawful employment practices filed with Nevada Equal Rights
Commission.
NRS 613.420 Application
to district court for order to restore rights after unfavorable decision by
Nevada Equal Rights Commission.
NRS 613.430 Limitation
on actions.
NRS 613.435 Expedited
appeal for certain actions.
USE OF LIE DETECTORS
NRS 613.440 Definitions.
NRS 613.450 Provisions
inapplicable to State and its political subdivisions.
NRS 613.460 Adoption
of regulations; notice of statutory provisions.
NRS 613.470 Waiver
of rights and procedures void; exception.
NRS 613.480 Unlawful
acts of employer.
NRS 613.490 Liability
of employer to employee; attorney’s fees and costs.
NRS 613.500 Administrative
penalties; penalties are cumulative; injunctive relief.
NRS 613.510 Exemptions
from provisions.
USE OF CONSUMER CREDIT REPORT OR OTHER CREDIT INFORMATION
NRS 613.520 Definitions.
NRS 613.530 “Consumer
credit report” defined.
NRS 613.540 “Consumer
reporting agency” defined.
NRS 613.550 “Credit
information” defined.
NRS 613.560 “Employer”
defined.
NRS 613.570 Unlawful
acts of employer relating to consumer credit report or other credit information
of employee or prospective employee.
NRS 613.580 Exceptions.
NRS 613.590 Liability
of employer for violation; statute of limitations; attorney’s fees and costs.
NRS 613.600 Administrative
penalties, penalties are cumulative; injunctive relief.
_________
_________
SOLICITATION OF EMPLOYEES BY MISREPRESENTATION
NRS 613.010 Influencing, persuading or engaging worker to change from one
place to another by false representations; penalty; damages.
1. It shall be unlawful for any person,
persons, company, corporation, society, association or organization of any kind
doing business in this state by himself, herself, itself, themselves, his, her,
its or their agents or attorneys to induce, influence, persuade or engage
workers to change from one place to another in this state, or to bring workers
of any class or calling into this state to work in any of the departments of
labor in this state, through means of false or deceptive representations, false
advertising or false pretenses concerning:
(a) The kind and character of the work to be
done;
(b) The amount and character of the compensation
to be paid for such work;
(c) The sanitary or other conditions of their
employment; or
(d) The existence or nonexistence of a strike or
other trouble pending between the employer and employees at the time of or
prior to such engagement, proposal or contract for such employment of workers.
2. Any person, persons, company,
corporation, society, association or organization of any kind doing business in
this state, as well as his, her, their or its agents, attorneys, servants or
associates, violating any of the provisions of subsection 1 is guilty of a
gross misdemeanor.
3. Any worker of this state or any worker
of another state who has been or shall be influenced, induced or persuaded to
engage with any person mentioned in subsection 1, or any company, corporation,
society or organization mentioned in subsection 1, through or by means of any
of the things therein prohibited, shall have a cause of action for recovery and
may recover at law for all damages that the worker shall have sustained in
consequence of the false or deceptive representations, false advertising or
false pretenses used to induce the worker to change his or her place of
employment, or place of abode in case such worker shall not be then employed at
the time of such inducement and hiring, against any person or persons,
corporations, companies or associations directly or indirectly causing such
damages. In any action under this section for the recovery of such damages, the
court shall have the power to award a reasonable attorney’s fee in favor of the
prevailing party, which fee shall be taxed as costs against the losing party
therein.
[1:154:1911; RL § 1936; NCL § 2772] + [2:154:1911; RL
§ 1937; NCL § 2773] + [3:154:1911; RL § 1938; NCL § 2774]—(NRS A 1967, 631)
NRS 613.020 Fraudulent representations by employment agent or broker:
Penalty. Every employment agent or
broker who, with intent to influence the action of any person thereby, shall
misstate or misrepresent verbally or in any writing or advertisement any
material matter relating to the demand for labor, the conditions under which
any labor or service is to be performed, the duration thereof or the wages to
be paid therefor, shall be guilty of a misdemeanor.
[1911 C&P § 520; RL § 6785; NCL § 10466]
NRS 613.030 False representations or pretenses concerning employer’s ability
to pay wages: Penalty. Any person,
persons, partnership, association, company or corporation, or his, her or its
officers, directors or agents, who or which shall employ for wages any person
or persons in any occupation, and who or which at the time of employing such
person or persons shall make any false representation or pretenses as to having
sufficient funds to pay such wages, and who after labor has been done under
such employment by the employee or employees shall fail upon the discharge or
resignation of such employee or employees, for a period of 5 days after such
wages are legally payable, to pay the employee or employees on demand the wages
due the employee or employees for such labor, shall be guilty of a misdemeanor.
[1:276:1913; 1919 RL p. 3390; NCL § 10601]—(NRS A
1967, 632)
POLITICAL AFFILIATIONS
NRS 613.040 Rule or regulation preventing political activity unlawful. It shall be unlawful for any person, firm or
corporation doing business or employing labor in the State of Nevada to make
any rule or regulation prohibiting or preventing any employee from engaging in
politics or becoming a candidate for any public office in this state.
[1:62:1915; 1919 RL p. 3391; NCL § 10602]
NRS 613.050 Penalty; duty of Attorney General.
1. Any person, firm or corporation
convicted of violating the provisions of NRS 613.040
to 613.070, inclusive, shall be punished by a fine
of not more than $5,000.
2. The penalty must be recovered in a suit
brought for that purpose by the Attorney General in the name of and for the
benefit of the State of Nevada, but the prosecution must not be commenced later
than 3 months after the commission of the offense described in NRS 613.040.
3. If a penalty is imposed pursuant to
this section, the costs of the proceeding, including investigative costs and
attorney’s fees, may be recovered by the Attorney General.
[Part 2:62:1915; 1919 RL p. 3391; NCL § 10603]—(NRS A
1967, 632; 1993,
900)
NRS 613.060 Responsibility for acts of managers, officers, agents and
employees. In all prosecutions
under NRS 613.040 to 613.070,
inclusive, the person, firm or corporation violating the provisions of NRS 613.040 to 613.070,
inclusive, shall be held responsible for the acts of his, her or its managers,
officers, agents and employees.
[Part 2:62:1915; 1919 RL p. 3391; NCL § 10603]
NRS 613.070 Recovery of damages by employee. Nothing
contained in NRS 613.040 to 613.060,
inclusive, shall be construed to prevent the injured employee from recovering
damages from his or her employer for injury suffered through a violation of NRS 613.040 to 613.060,
inclusive.
[3:62:1915; 1919 RL p. 3391; NCL § 10604]
RECORDS REGARDING EMPLOYEES
NRS 613.075 Inspection by person who is subject of records; provision of
copies upon request; cost of copies; person permitted to submit written
explanation in response to information in records and to challenge accuracy;
limitations.
1. Any person or governmental entity who
employs and has under his or her direction and control any person for wages or
under a contract of hire, or any labor organization referring a person to an
employer for employment, shall, upon the request of that employee or person referred:
(a) Give the employee or person referred a
reasonable opportunity, during the usual hours of business, to inspect any
records kept by that employer or labor organization containing information
used:
(1) By the employer or labor organization
to determine the qualifications of that employee and any disciplinary action
taken against the employee, including termination from that employment; or
(2) By the labor organization with respect
to that person’s position on its list concerning past, present and future referrals
for employment; and
(b) Furnish the employee or person referred with
a copy of those records.
Ê The records
to be made available do not include confidential reports from previous
employers or investigative agencies, other confidential investigative files
concerning the employee or person referred or information concerning the
investigation, arrest or conviction of that person for a violation of any law.
2. An employer or labor organization shall
allow an employee or person referred to submit a reasonable written explanation
in direct response to any written entry in the records of employment regarding
the employee or person. Any such written explanation must be reasonable in
length, in a format prescribed by the employer and maintained by the employer
or labor organization in the records of employment.
3. An employer or labor organization shall
not maintain a secret record of employment regarding an employee or person
referred.
4. Upon termination of employment, an
employer shall allow an employee to inspect the employee’s records of
employment within 60 days after his or her termination of employment and shall,
if requested by that former employee within that period, furnish the former
employee with a copy of those records.
5. An employer or labor organization may
only charge an employee or person referred an amount equal to the actual cost
of providing access to and copies of his or her records of employment.
6. The employee or person referred shall,
if the employee or person contends that any information contained in the
records is inaccurate or incomplete, notify his or her employer or the labor
organization in writing of that contention. If the employer or labor
organization finds that the contention of that employee or person is correct,
it shall change the information accordingly.
7. No copies may be furnished to an
employee or former employee under this section unless the employee or former
employee has been or was employed for more than 60 days.
(Added to NRS by 1985, 1080; A 1997, 1024)
MISCELLANEOUS PROVISIONS
NRS 613.080 Involuntary servitude prohibited; wages; penalty.
1. The immigration to this State of all
slaves and other people bound by contract to involuntary servitude for a term
of years is hereby prohibited.
2. It is unlawful for any company, person
or persons to collect the wages or compensation for the labor of the persons
described in subsection 1.
3. It is unlawful for any corporation,
company, person or persons to pay to any owner or agent of the owner of any
such persons mentioned in subsection 1 any wages or compensation for the labor
of such slaves or persons so bound by the contract to involuntary servitude.
4. Unless a greater penalty is provided in
NRS 200.463, 200.4631, 200.464 or 200.468, a violation of any of the
provisions of this section is a gross misdemeanor.
[1:99:1879; BH § 4764; C § 4856; RL § 6847; NCL §
10607] + [2:99:1879; BH § 4765; C § 4857; RL § 6848; NCL § 10608] + [3:99:1879;
BH § 4766; C § 4858; RL § 6849; NCL § 10609] + [4:99:1879; BH § 4767; C § 4859;
RL § 6850; NCL § 10610]—(NRS A 1967, 632; 2005, 91; 2007, 1271; 2013, 1859)
NRS 613.090 Obtaining employment by false or forged letter of recommendation
or union card: Penalty. Every
person who obtains employment by color or aid of any false or forged letter,
certificate of recommendation or union card is guilty of a misdemeanor.
[Part 1911 C&P § 522; RL § 6787; NCL §
10468]—(NRS A 1977,
311)
NRS 613.100 Endangering life or property by breaking employment contract:
Penalty. Every person who shall
willfully and maliciously, either alone or in combination with others, break a
contract of service or employment, knowing or having reasonable cause to
believe that the consequence of his or her so doing will be to endanger human
life or to cause grievous bodily injury or to expose valuable property to
destruction or serious injury, shall be guilty of a misdemeanor.
[1911 C&P § 323; RL § 6588; NCL § 10271]
NRS 613.110 Grafting by employee: Penalty. Every
agent, employee or servant of any person or corporation who shall ask or
receive, directly or indirectly, any compensation, gratuity or reward, or any
promise thereof, upon any agreement or understanding that he or she shall act
in any particular manner in connection with his or her principal’s, employer’s
or master’s business, or who, being authorized to purchase or contract for
materials, supplies or other articles or to employ servants or labor for his or
her principal, employer or master, shall ask or receive, directly or
indirectly, for himself, herself or another, a commission, percentage,
discount, bonus or promise thereof from any person with whom he or she may deal
in relation to such matters, shall be guilty of a gross misdemeanor.
[Part 1911 C&P § 521; RL § 6786; NCL § 10467]
NRS 613.120 Unlawful to demand or receive fee or commission as condition to
giving or continuing employment to worker; penalty.
1. It shall be unlawful for any manager,
superintendent, officer, agent, servant, foreman, shift boss or other employee
of any person or corporation, charged or entrusted with the employment of any
workers or laborers, or with the continuance of workers or laborers in
employment, to demand or receive, either directly or indirectly, from any
worker or laborer, employed through his or her agency or worked or continued in
employment under his or her direction or control, any fee, commission or
gratuity of any kind or nature as the price or condition of the employment of
any such worker or laborer, or as the price or condition of his or her
continuance in such employment.
2. Any such manager, superintendent,
officer, agent, servant, foreman, shift boss or other employee of any person or
corporation, charged or entrusted with the employment of laborers or workers
for his or her principal, or under whose direction or control such workers and
laborers are engaged in work and labor for such principal, who shall demand or
receive, either directly or indirectly, any fee, commission or gratuity of any
kind or nature from any worker or laborer employed by him or her or through his
or her agency or worked under his or her direction and control, either as the
price and condition of the employment of such worker or laborer or as the price
and condition of the continuance of such worker or laborer in such employment,
shall be guilty of a misdemeanor.
[1:51:1915; 1919 RL p. 3392; NCL § 10605]—(NRS A
1967, 632)
NRS 613.125 Effect of employer’s failure to make agreed payments to health
or welfare fund; penalty.
1. Whenever an employer has agreed with
any employee to make payments to a health or welfare fund or other such plan
for the benefit of the employees, or has entered into a collective bargaining
agreement providing for such payments, it shall be unlawful for such employer
willfully or with intent to defraud to fail to make the payments required by
the terms of any such agreement.
2. Any employer who violates any provision
of this section shall be guilty of a misdemeanor.
(Added to NRS by 1957, 174)
NRS 613.130 Unlawful agreements concerning membership in labor organizations
as condition of obtaining or continuing employment; penalty.
1. As used in this section, “labor
organization” means any organization of any kind, or any agency or employee
representation committee or plan, in which employees participate and which
exists for the purpose, in whole or in part, of dealing with employers
concerning grievances, labor disputes, wages, rates of pay, hours of
employment, or conditions of work.
2. It shall be unlawful for any person,
firm or corporation to make or enter into any agreement, either oral or in
writing, by the terms of which any employee of such person, firm or
corporation, or any person about to enter the employ of such person, firm or
corporation, as a condition for continuing or obtaining such employment, shall
be required not to become or continue a member of any labor organization, or
shall be required to become or continue a member of any labor organization.
3. Any person or persons, firm or firms,
corporation or corporations violating the provisions of this section shall be
guilty of a misdemeanor.
[1911 C&P § 527; A 1951, 111] + [1911 C&P §
528; RL § 6793; NCL § 10474]—(NRS A 1967, 633)
NRS 613.135 Unlawful acts of employer relating to social media account of
employee or prospective employee.
1. It is unlawful for any employer in this
State to:
(a) 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 his or her
personal social media account.
(b) 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 his or her personal social media account.
2. It is not unlawful for an employer in
this State to require an employee to disclose the user name, password or any
other information to an account or a service, other than a personal social
media account, for the purpose of accessing the employer’s own internal
computer or information system.
3. Nothing in this section shall be
construed to prevent an employer from complying with any state or federal law
or regulation or with any rule of a self-regulatory organization, as defined in
NRS 90.300.
4. As used in this section, “social media
account” means any electronic service or account or electronic content,
including, without limitation, videos, photographs, blogs, video blogs,
podcasts, instant and text messages, electronic mail programs or services,
online services or Internet website profiles.
(Added to NRS by 2013, 3733)
NRS 613.140 Employer compelling or inducing employee to trade at particular
store or board at particular boardinghouse: Penalty. Any
person or persons, employer, company, corporation or association, or the
managing agent of any person or persons, employer, company, corporation or
association, doing or conducting business in this state, who by coercion,
intimidation, threats or undue influence compels or induces his or her
employees to trade at any particular store or board at any particular
boardinghouse in this state shall be guilty of a misdemeanor.
[1911 C&P § 526; RL § 6791; NCL § 10472]—(NRS A
1967, 633)
NRS 613.150 Transportation company compelling purchase of uniform from
particular person or employer as condition of continuing employment unlawful;
penalty.
1. It shall be unlawful for any
transportation company doing business in the State of Nevada, or any officer,
agent or servant of such transportation company, to require any employee as a
condition of continued employment, or otherwise to require or compel or attempt
to require or compel any such employee, to purchase of any such transportation
company or of any particular person, firm or corporation, or at any particular
place or places, any uniform or other clothing or apparel required by any such
transportation company to be used by any such employee in the performance of
the employee’s duty as such. Any such transportation company, or any officer,
agent or servant thereof, who shall order or require any person in its employ
to purchase any uniform or other clothing or apparel as aforesaid shall be
deemed to have required such purchase as a condition of such employee’s
continued employment.
2. Any transportation company doing
business in the State of Nevada, or any officer, agent or servant thereof,
violating any of the provisions of this section shall be guilty of a
misdemeanor.
[Part 1:132:1913; 1919 RL p. 2983; NCL § 6330] +
[Part 2:132:1913; 1919 RL p. 2983; NCL § 6331]—(NRS A 1967, 633)
NRS 613.160 Spotters: Right of employee to be confronted with accuser;
penalty.
1. It is unlawful for any person, firm,
association or corporation, or agent, superintendent or manager thereof,
employing any special agent, detective or person commonly known as a spotter
for the purpose of investigating, obtaining and reporting to the employer or
the employer’s agent, superintendent or manager information concerning his or
her employees, to discipline or discharge any employee in his or her service,
where the act of discipline or the discharge is based upon a report by a
special agent, detective or spotter which involves a question of integrity,
honesty or a breach of rules of the employer, unless the employer or the
employer’s agent, superintendent or manager gives notice and a hearing to the
employee thus accused, when requested by the employee, at which hearing the
accused employee must have the opportunity to confront the person making the
report and must have the right to furnish testimony in his or her defense.
2. Any person, corporation, firm,
association or employer who violates any provision of this section is liable to
the State of Nevada for a penalty of $5,000 for each offense. The penalty must
be recovered and the suit must be brought in the name of the State of Nevada in
a court of proper jurisdiction by the Attorney General, or under his or her
direction by the district attorney in any county having proper jurisdiction.
3. If a penalty is imposed pursuant to
this section, the costs of the proceeding, including investigative costs and
attorney’s fees, may be recovered by the Attorney General or district attorney,
as appropriate.
[1:41:1915; 1919 RL p. 2775; NCL § 2770] +
[2:41:1915; 1919 RL p. 2775; NCL § 2771]—(NRS A 1993, 900)
NRS 613.170 Time checks: Discounts and deductions unlawful.
1. Whenever any person or persons, firm,
corporation or association, whether acting as principal or agent, contractor or
subcontractor, shall hire or employ any other person or persons for the performance
of any labor or service, and shall issue to such person or persons time checks
for the labor or service performed, it shall be unlawful for the person or
persons, firm, corporation or association issuing such time checks to discount
the same or deduct therefrom any portion of the same as such discount.
2. Any employer of labor, or agent or
representative thereof, violating the provisions of subsection 1 shall be
guilty of a misdemeanor.
3. Nothing in subsections 1 and 2 shall
apply to persons, firms, associations or corporations making discounts, deductions,
or pro rata payments in the course of bankruptcy or insolvency proceedings, or
in the settlement of the estates of deceased persons.
[1911 C&P § 523; RL § 6788; NCL § 10469] + [1911
C&P § 524; RL § 6789; NCL § 10470] + [1911 C&P § 525; RL § 6790; NCL §
10471]—(NRS A 1967, 634)
NRS 613.180 Hospital fees: Unlawful collection from employee.
1. For the purpose of this section:
(a) “Distance and facilities for the comfort and
conveyance of any patient” shall be construed to mean the nearest hospital and
the most comfortable means of conveyance at hand or that can be procured in a
reasonable time.
(b) “Town or place” shall be construed to mean
any town, headquarters or place, at which town, headquarters or place, and
tributary places, sufficient hospital fees are collected to maintain a hospital
in keeping with the hospital fees collected.
2. It is unlawful for any person or
persons, contractor or contractors, firm, company, corporation or association,
or the managing agent of any person or persons, contractor or contractors,
firm, company, corporation or association, to collect, demand, force, compel or
require, either monthly, annually or for any other period of time, any sum of
money for hospital fees from any person or laborer at any place in this state
where no convenient, comfortable and well-equipped hospital is maintained at
some town or place for the accommodation, relief and treatment of persons in
his, her or their employ, and from whom hospital fees are collected; provided:
(a) That any person or persons, contractor or
contractors, firm, company, corporation or association, or the managing agent
of the same, may care for or cause to be cared for any person in his, her or
their employ, from whom hospital fees are collected, at any private or public
hospital, sanitarium or other convenient and comfortable place, without expense
to the person or patient from whom hospital fees are collected; and
(b) That the distance and facilities for the
comfort and conveyance of any patient come within the intent and meaning of
subsection 1.
3. If at the nearest hospital the proper
medical treatment cannot be secured, then it shall not be unlawful to take any
person or patient a greater distance or to another hospital.
4. Any person or persons violating the
provisions of this section shall be guilty of a misdemeanor.
[1:84:1903; RL § 1943; NCL § 2796] + [2:84:1903; RL §
1944; NCL § 2797] + [3:84:1903; RL § 1945; NCL § 2798]—(NRS A 1967, 634)
NRS 613.190 Corrupt influencing of employee unlawful. Every person who shall give, offer or promise,
directly or indirectly, any compensation, gratuity or reward to any agent,
employee or servant of any person or corporation, with intent to influence the
action of the agent, employee or servant in relation to his or her principal’s,
employer’s or master’s business, shall be guilty of a gross misdemeanor.
[1911 C&P § 531; RL § 6796; NCL § 10477]
NRS 613.200 Prevention of employment of person who has been discharged or
who terminates employment unlawful; criminal and administrative penalties;
exception.
1. Except as otherwise provided in this
section, any person, association, company or corporation within this State, or
any agent or officer on behalf of the person, association, company or
corporation, who willfully does anything intended to prevent any person who for
any cause left or was discharged from his, her or its employ from obtaining
employment elsewhere in this State is guilty of a gross misdemeanor and shall
be punished by a fine of not more than $5,000.
2. In addition to any other remedy or
penalty, the Labor Commissioner may impose against each culpable party an
administrative penalty of not more than $5,000 for each such violation.
3. If a fine or an administrative penalty
is imposed pursuant to this section, the costs of the proceeding, including
investigative costs and attorney’s fees, may be recovered by the Labor
Commissioner.
4. The provisions of this section do not
prohibit a person, association, company, corporation, agent or officer from
negotiating, executing and enforcing an agreement with an employee of the
person, association, company or corporation which, upon termination of the
employment, prohibits the employee from:
(a) Pursuing a similar vocation in competition
with or becoming employed by a competitor of the person, association, company
or corporation; or
(b) Disclosing any trade secrets, business
methods, lists of customers, secret formulas or processes or confidential
information learned or obtained during the course of his or her employment with
the person, association, company or corporation,
Ê if the
agreement is supported by valuable consideration and is otherwise reasonable in
its scope and duration.
[1911 C&P § 514; RL § 6779; NCL § 10461]—(NRS A
1967, 635; 1993,
901; 1995,
1039; 2003,
797)
NRS 613.210 Blacklists unlawful; recommendations and statements to be
provided employee by employer.
1. As used in this section, “employee”
means every person who has entered upon service or employment of an employer,
and the employment shall be deemed to commence from the date of the entry or
performance of any service. Any contract of employment, rule, regulation or
device to the contrary is void.
2. A person shall not blacklist or cause
to be blacklisted or publish the name of or cause to be published the name of
any employee, mechanic or laborer discharged by that person with the intent to
prevent that employee, mechanic or laborer from engaging in or securing similar
or other employment from any other person.
3. If any officer or agent of any person
blacklists or causes to be blacklisted or publishes the name of or causes to be
published the name of any employee, mechanic or laborer discharged by that
person with the intent to prevent that employee, mechanic or laborer from
engaging in or securing similar or other employment from any other person in
any manner conspires or contrives, by correspondence or otherwise, to prevent
that discharged employee from procuring employment, the officer or agent, as
applicable, is guilty of a misdemeanor.
4. Subsections 2 and 3 do not prohibit any
person from giving in writing, at the time the employee leaves or is discharged
from the service of the employer, a truthful statement of the reason for such
leaving of the service or discharge of that employee, nor do subsections 2 and
3 prevent any employer from giving any employee or former employee any
statement with reference to any meritorious services which the employee may
have rendered to that employer. The employer shall supply statements as
provided in this subsection upon demand from the employee, but no such
statement is required unless the employee has been in service for a period of
not less than 60 days. Only one such statement may be issued to that employee.
[1911 C&P § 515; RL § 6780; NCL § 10462] + [1911
C&P § 516; RL § 6781; NCL § 10463] + [1911 C&P § 517; A 1915, 275; 1919
RL § 6782; NCL § 10464]—(NRS A 1967, 635; 1987, 1312)
NRS 613.220 Assembling and cooperation of employees to secure increases in
wages unrestricted. No part of
this chapter shall be construed to restrict or prohibit the orderly and
peaceable assembling or cooperation of persons employed in any profession, trade
or handicraft for the purpose of securing an advance in the rate of wages or
compensation, or for the maintenance of such rate.
[1911 C&P § 536; RL § 6801; NCL § 10482]
NRS 613.225 Labor Commissioner to adopt regulations to establish certain
procedures required by 42 U.S.C. § 607(f). The
Labor Commissioner shall adopt regulations to establish the procedures required
pursuant to 42 U.S.C. § 607(f).
(Added to NRS by 1997, 2346)
RIGHT TO WORK
NRS 613.230 “Labor organization” defined. As
used in NRS 613.230 to 613.300,
inclusive, the term “labor organization” means any organization of any kind, or
any agency or employee representation committee or plan, in which employees
participate and which exists for the purpose, in whole or in part, of dealing
with employers concerning grievances, labor disputes, wages, rates of pay,
hours of employment, or other conditions of employment.
[1:1:1953]
NRS 613.250 Agreements prohibiting employment because of nonmembership in
labor organization prohibited. No
person shall be denied the opportunity to obtain or retain employment because
of nonmembership in a labor organization, nor shall the State, or any subdivision
thereof or any corporation, individual or association of any kind enter into
any agreement, written or oral, which excludes any person from employment or
continuation of employment because of nonmembership in a labor organization.
[2:1:1953]
NRS 613.260 Certain contracts declared illegal and void. Any act or any provision in any agreement
which is in violation of NRS 613.230 to 613.300, inclusive, shall be illegal and void. Any
strike or picketing to force or induce any employer to make an agreement in
writing or orally in violation of NRS 613.230 to 613.300, inclusive, shall be for an illegal purpose.
[3:1:1953]
NRS 613.270 Compelling person to join labor organization or to strike
against own will or to leave employment prohibited. It
shall be unlawful for any employee, labor organization, or officer, agent or
member thereof to compel or attempt to compel any person to join any labor
organization or to strike against the person’s will or to leave employment by
any threatened or actual interference with his or her person, immediate family
or property.
[4:1:1953]
NRS 613.280 Conspiracy. Any
combination or conspiracy by two or more persons to cause the discharge of any
person or to cause such person to be denied employment because he or she is not
a member of a labor organization, by inducing or attempting to induce any other
person to refuse to work with such person, shall be illegal.
[5:1:1953]
NRS 613.290 Liability for damages. Any
person who violates any provision of NRS 613.230 to
613.300, inclusive, or who enters into any
agreement containing a provision declared illegal by NRS
613.230 to 613.300, inclusive, or who shall
bring about the discharge or the denial of employment of any person because of
nonmembership in a labor organization shall be liable to the person injured as
a result of such act or provision and may be sued therefor, and in any such
action any labor organization, subdivision or local thereof shall be held to be
bound by the acts of its duly authorized agents acting within the scope of
their authority and may sue or be sued in its common name.
[6:1:1953]
NRS 613.300 Injunctive relief. Any
person injured or threatened with injury by an act declared illegal by NRS 613.230 to 613.300,
inclusive, shall, notwithstanding any other provision of the law to the
contrary, be entitled to injunctive relief therefrom.
[7:1:1953]
EQUAL OPPORTUNITIES FOR EMPLOYMENT
NRS 613.310 Definitions. As
used in NRS 613.310 to 613.435,
inclusive, unless the context otherwise requires:
1. “Disability” means, with respect to a
person:
(a) A physical or mental impairment that
substantially limits one or more of the major life activities of the person,
including, without limitation, the human immunodeficiency virus;
(b) A record of such an impairment; or
(c) Being regarded as having such an impairment.
2. “Employer” means any person who has 15
or more employees for each working day in each of 20 or more calendar weeks in
the current or preceding calendar year, but does not include:
(a) The United States or any corporation wholly
owned by the United States.
(b) Any Indian tribe.
(c) Any private membership club exempt from
taxation pursuant to 26 U.S.C. § 501(c).
3. “Employment agency” means any person
regularly undertaking with or without compensation to procure employees for an
employer or to procure for employees opportunities to work for an employer, but
does not include any agency of the United States.
4. “Gender identity or expression” means a
gender-related identity, appearance, expression or behavior of a person,
regardless of the person’s assigned sex at birth.
5. “Labor organization” means any
organization of any kind, or any agency or employee representation committee or
plan, in which employees participate and which exists for the purpose, in whole
or in part, of dealing with employers concerning grievances, labor disputes,
wages, rates of pay, hours of employment or other conditions of employment.
6. “Person” includes the State of Nevada
and any of its political subdivisions.
7. “Sexual orientation” means having or
being perceived as having an orientation for heterosexuality, homosexuality or
bisexuality.
(Added to NRS by 1965, 691; A 1985, 533; 1989, 690; 1991, 1023, 1982; 1997, 77; 1999, 1937, 2875; 2001, 206; 2007, 2176; 2011, 495)
NRS 613.320 Applicability.
1. The provisions of NRS 613.310 to 613.435,
inclusive, do not apply to:
(a) Any employer with respect to employment
outside this state.
(b) Any religious corporation, association or
society with respect to the employment of individuals of a particular religion
to perform work connected with the carrying on of its religious activities.
2. The provisions of NRS 613.310 to 613.435,
inclusive, concerning unlawful employment practices related to sexual
orientation and gender identity or expression do not apply to an organization
that is exempt from taxation pursuant to 26 U.S.C. § 501(c)(3).
(Added to NRS by 1965, 691; A 1999, 1938; 2011, 496)
NRS 613.325 Authority of Nevada Equal Rights Commission to adopt regulations
relating to federal statutes. The
Nevada Equal Rights Commission may adopt regulations, consistent with the
provisions of 42 U.S.C. §§ 12101 et seq., setting forth:
1. The types of examinations which an
employer may require; and
2. Any defenses which are available to an
employer,
Ê relating to
the subject matter of those provisions.
(Added to NRS by 1991, 1982)
NRS 613.330 Unlawful employment practices: Discrimination on basis of race,
color, religion, sex, sexual orientation, gender identity or expression, age,
disability or national origin; interference with aid or appliance for
disability; refusal to permit service animal at place of employment.
1. Except as otherwise provided in NRS 613.350, it is an unlawful employment practice for
an employer:
(a) To fail or refuse to hire or to discharge any
person, or otherwise to discriminate against any person with respect to the
person’s compensation, terms, conditions or privileges of employment, because
of his or her race, color, religion, sex, sexual orientation, gender identity
or expression, age, disability or national origin; or
(b) To limit, segregate or classify an employee
in a way which would deprive or tend to deprive the employee of employment
opportunities or otherwise adversely affect his or her status as an employee,
because of his or her race, color, religion, sex, sexual orientation, gender
identity or expression, age, disability or national origin.
2. It is an unlawful employment practice
for an employment agency to:
(a) Fail or refuse to refer for employment, or
otherwise to discriminate against, any person because of the race, color,
religion, sex, sexual orientation, gender identity or expression, age,
disability or national origin of that person; or
(b) Classify or refer for employment any person
on the basis of the race, color, religion, sex, sexual orientation, gender
identity or expression, age, disability or national origin of that person.
3. It is an unlawful employment practice
for a labor organization:
(a) To exclude or to expel from its membership,
or otherwise to discriminate against, any person because of his or her race,
color, religion, sex, sexual orientation, gender identity or expression, age,
disability or national origin;
(b) To limit, segregate or classify its
membership, or to classify or fail or refuse to refer for employment any
person, in any way which would deprive or tend to deprive the person of
employment opportunities, or would limit the person’s employment opportunities
or otherwise adversely affect the person’s status as an employee or as an
applicant for employment, because of his or her race, color, religion, sex,
sexual orientation, gender identity or expression, age, disability or national
origin; or
(c) To cause or attempt to cause an employer to
discriminate against any person in violation of this section.
4. It is an unlawful employment practice
for any employer, labor organization or joint labor-management committee
controlling apprenticeship or other training or retraining, including, without
limitation, on-the-job training programs, to discriminate against any person
because of his or her race, color, religion, sex, sexual orientation, gender
identity or expression, age, disability or national origin in admission to, or
employment in, any program established to provide apprenticeship or other
training.
5. It is an unlawful employment practice
for any employer, employment agency, labor organization or joint
labor-management committee to discriminate against a person with a disability
by interfering, directly or indirectly, with the use of an aid or appliance,
including, without limitation, a service animal, by such a person.
6. It is an unlawful employment practice
for an employer, directly or indirectly, to refuse to permit an employee with a
disability to keep the employee’s service animal with him or her at all times
in his or her place of employment.
7. As used in this section, “service
animal” has the meaning ascribed to it in NRS
426.097.
(Added to NRS by 1965, 691; A 1967, 108; 1971, 1056;
1973, 981, 1497; 1981,
1300, 1920;
1991, 1024;
1995, 1993;
1999, 1938;
2003, 2976;
2005, 631; 2011, 496)
NRS 613.333 Unlawful employment practices: Discrimination for lawful use of
any product outside premises of employer which does not adversely affect job
performance or safety of other employees.
1. It is an unlawful employment practice
for an employer to:
(a) Fail or refuse to hire a prospective
employee; or
(b) Discharge or otherwise discriminate against
any employee concerning the employee’s compensation, terms, conditions or
privileges of employment,
Ê because the
employee engages in the lawful use in this state of any product outside the
premises of the employer during the employee’s nonworking hours, if that use
does not adversely affect the employee’s ability to perform his or her job or
the safety of other employees.
2. An employee who is discharged or
otherwise discriminated against in violation of subsection 1 or a prospective
employee who is denied employment because of a violation of subsection 1 may
bring a civil action against the employer who violates the provisions of
subsection 1 and obtain:
(a) Any wages and benefits lost as a result of
the violation;
(b) An order of reinstatement without loss of
position, seniority or benefits;
(c) An order directing the employer to offer
employment to the prospective employee; and
(d) Damages equal to the amount of the lost wages
and benefits.
3. The court shall award reasonable costs,
including court costs and attorney’s fees to the prevailing party in an action
brought pursuant to this section.
4. The remedy provided for in this section
is the exclusive remedy for an action brought pursuant to this section.
(Added to NRS by 1991, 942)
NRS 613.335 Unlawful employment practices: Refusal to grant leave to
pregnant employees. If an employer
grants leave with pay, leave without pay, or leave without loss of seniority to
his or her employees for sickness or disability because of a medical condition,
it is an unlawful employment practice to fail or refuse to extend the same
benefits to any female employee who is pregnant. The female employee who is
pregnant must be allowed to use the leave before and after childbirth,
miscarriage or other natural resolution of her pregnancy, if the leave is
granted, accrued or allowed to accumulate as a part of her employment benefits.
(Added to NRS by 1989, 690)
NRS 613.340 Unlawful employment practices: Discrimination for opposing
unlawful practice or assisting investigation; printing or publication of
material indicating prohibited discrimination.
1. It is an unlawful employment practice
for an employer to discriminate against any of his or her employees or
applicants for employment, for an employment agency to discriminate against any
person, or for a labor organization to discriminate against any member thereof
or applicant for membership, because the employee, applicant, person or member,
as applicable, has opposed any practice made an unlawful employment practice by
NRS 613.310 to 613.435,
inclusive, or because he or she has made a charge, testified, assisted or
participated in any manner in an investigation, proceeding or hearing under NRS 613.310 to 613.435,
inclusive.
2. It is an unlawful employment practice
for an employer, labor organization or employment agency to print or publish or
cause to be printed or published any notice or advertisement relating to
employment by such an employer or membership in or any classification or
referral for employment by such a labor organization, or relating to any
classification or referral for employment by such an employment agency,
indicating any preference, limitation, specification or discrimination, based
on race, color, religion, sex, sexual orientation, gender identity or
expression, age, disability or national origin, except that such a notice or
advertisement may indicate a preference, limitation, specification or
discrimination based on religion, sex, sexual orientation, gender identity or
expression, age, physical, mental or visual condition or national origin when
religion, sex, sexual orientation, gender identity or expression, age,
physical, mental or visual condition or national origin is a bona fide
occupational qualification for employment.
(Added to NRS by 1965, 692; A 1967, 109; 1973, 982;
1975, 1456; 1991,
1025; 1999,
1939; 2011,
497)
NRS 613.345 Unlawful employment practices: Requiring or encouraging current
or prospective employees and members of labor organizations to submit to
genetic test; denying or altering employment or membership in labor
organization based on genetic information.
1. It is an unlawful employment practice
for an employer, a labor organization or an employment agency:
(a) To ask or encourage a prospective or current
employee or member of the labor organization to submit to a genetic test.
(b) To require or administer a genetic test to a
person as a condition of employment or membership in the labor organization.
(c) To deny employment or membership in the labor
organization based on genetic information.
(d) To alter the terms, conditions or privileges
of employment or membership in the labor organization based on genetic
information.
(e) To terminate employment or membership in the
labor organization based on genetic information.
2. As used in this section:
(a) “Genetic information” means information that
is obtained from a genetic test.
(b) “Genetic test” means a test that uses
deoxyribonucleic acid extracted from the cells of a person, or a diagnostic
test that uses another substance extracted or otherwise obtained from the body
of a person, which determines the presence of an abnormality or deficiency
that:
(1) Is linked to a physical or mental
disorder or impairment; or
(2) Indicates a susceptibility to an
illness, a disease, an impairment or another physical or mental disorder.
Ê The term
does not include a test to determine the presence of alcohol or a controlled
substance in the system of the person tested.
(Added to NRS by 1999, 2874)
NRS 613.350 Lawful employment practices.
1. It is not an unlawful employment
practice for an employer to hire and employ employees, for an employment agency
to classify or refer for employment any person, for a labor organization to
classify its membership or to classify or refer for employment any person, or
for an employer, labor organization or joint labor-management committee
controlling apprenticeship or other training or retraining programs to admit or
employ any person in any such program, on the basis of his or her religion,
sex, sexual orientation, gender identity or expression, age, disability or
national origin in those instances where religion, sex, sexual orientation,
gender identity or expression, age, physical, mental or visual condition or
national origin is a bona fide occupational qualification reasonably necessary
to the normal operation of that particular business or enterprise.
2. It is not an unlawful employment
practice for an employer to fail or refuse to hire and employ employees, for an
employment agency to fail to classify or refer any person for employment, for a
labor organization to fail to classify its membership or to fail to classify or
refer any person for employment, or for an employer, labor organization or
joint labor-management committee controlling apprenticeship or other training
or retraining programs to fail to admit or employ any person in any such
program, on the basis of a disability in those instances where physical, mental
or visual condition is a bona fide and relevant occupational qualification
necessary to the normal operation of that particular business or enterprise, if
it is shown that the particular disability would prevent proper performance of
the work for which the person with a disability would otherwise have been
hired, classified, referred or prepared under a training or retraining program.
3. It is not an unlawful employment
practice for an employer to fail or refuse to hire or to discharge a person,
for an employment agency to fail to classify or refer any person for
employment, for a labor organization to fail to classify its membership or to fail
to classify or refer any person for employment, or for an employer, labor
organization or joint labor-management committee controlling apprenticeship or
other training or retraining programs to fail to admit or employ any person in
any such program, on the basis of his or her age if the person is less than 40
years of age.
4. It is not an unlawful employment
practice for a school, college, university or other educational institution or
institution of learning to hire and employ employees of a particular religion
if the school or institution is, in whole or in substantial part, owned,
supported, controlled or managed by a particular religion or by a particular
religious corporation, association or society, or if the curriculum of the
school or institution is directed toward the propagation of a particular
religion.
5. It is not an unlawful employment
practice for an employer to observe the terms of any bona fide plan for
employees’ benefits, such as a retirement, pension or insurance plan, which is
not a subterfuge to evade the provisions of NRS 613.310
to 613.435, inclusive, as they relate to
discrimination against a person because of age, except that no such plan
excuses the failure to hire any person who is at least 40 years of age.
6. It is not an unlawful employment
practice for an employer to require employees to adhere to reasonable workplace
appearance, grooming and dress standards so long as such requirements are not
precluded by law, except that an employer shall allow an employee to appear,
groom and dress consistent with the employee’s gender identity or expression.
(Added to NRS by 1965, 692; A 1967, 109; 1971, 1057;
1973, 982; 1975, 1457; 1981, 1301; 1987, 2265; 1991, 1025; 1999, 1940; 2011, 498)
NRS 613.360 Actions permitted against member of Communist Party or related
organization. Repealed. (See
chapter 275, Statutes of Nevada 2013, at page 1247.)
NRS 613.370 National security. Notwithstanding
any other provision of NRS 613.310 to 613.435, inclusive, it is not an unlawful employment
practice for an employer to fail or refuse to hire and employ any individual
for any position, for an employer to discharge any individual from any
position, or for an employment agency to fail or refuse to refer any individual
for employment in any position, or for a labor organization to fail or refuse
to refer any individual for employment in any position, if:
1. The occupancy of such position, or
access to the premises in or upon which any part of the duties of such position
is performed or is to be performed, is subject to any requirement imposed in
the interest of the national security of the United States under any security
program in effect pursuant to or administered under any statute of the United
States or any executive order of the President; and
2. Such individual has not fulfilled or
has ceased to fulfill that requirement.
(Added to NRS by 1965, 693)
NRS 613.380 Consideration of seniority, quantity or quality of production
and other tests of ability permitted. Notwithstanding
any other provision of NRS 613.310 to 613.435, inclusive, it is not an unlawful employment
practice for an employer to apply different standards of compensation, or
different terms, conditions or privileges of employment pursuant to a bona fide
seniority or merit system, or a system which measures earnings by quantity or
quality of production or to employees who work in different locations, if those
differences are not the result of an intention to discriminate because of race,
color, religion, sex, sexual orientation, gender identity or expression, age,
disability or national origin, nor is it an unlawful employment practice for an
employer to give and to act upon the results of any professionally developed
ability test, if the test, its administration or action upon the results is not
designed, intended or used to discriminate because of race, color, religion,
sex, sexual orientation, gender identity or expression, age, disability or
national origin.
(Added to NRS by 1965, 693; A 1967, 110; 1973, 983;
1975, 1458; 1991,
1026; 1999,
1941; 2011,
499)
NRS 613.390 Inapplicability to employment by certain businesses on or near
Indian reservation. Nothing
contained in NRS 613.310 to 613.435,
inclusive, applies to any business or enterprise on or near an Indian
reservation with respect to any publicly announced employment practice of such
business or enterprise under which a preferential treatment is given to any
individual because the individual is an Indian living on or near a reservation.
(Added to NRS by 1965, 694)
NRS 613.400 Preferential treatment of certain persons on account of
imbalance in existing number or percentage of those persons employed not
required. Nothing contained in NRS 613.310 to 613.435,
inclusive, requires any employer, employment agency, labor organization or
joint labor-management committee subject to NRS 613.310
to 613.435, inclusive, to grant preferential
treatment to any person or to any group because of the race, color, religion,
sex, sexual orientation, gender identity or expression, age, disability or
national origin of the individual or group on account of an imbalance which
exists with respect to the total number or percentage of persons of any race,
color, religion, sex, sexual orientation, gender identity or expression, age,
disability or national origin employed by any employer, referred or classified
for employment by any employment agency or labor organization, admitted to
membership or classified by any labor organization, or admitted to, or employed
in, any apprenticeship or other training program, in comparison with the total
number or percentage of persons of that race, color, religion, sex, sexual
orientation, gender identity or expression, age, disability or national origin
in any community, section or other area, or in the available workforce in any
community, section or other area.
(Added to NRS by 1965, 694; A 1967, 110; 1973, 984;
1975, 1458; 1991,
1027; 1999,
1941; 2011,
499)
NRS 613.405 Complaints concerning unlawful employment practices filed with
Nevada Equal Rights Commission. Any
person injured by an unlawful employment practice within the scope of NRS 613.310 to 613.435,
inclusive, may file a complaint to that effect with the Nevada Equal Rights
Commission if the complaint is based on discrimination because of race, color,
sex, sexual orientation, gender identity or expression, age, disability,
religion or national origin.
(Added to NRS by 1969, 725; A 1973, 984, 1498; 1975,
222, 1458; 1977,
1608; 1989,
691; 1991,
1027; 1999,
1941; 2011,
500)
NRS 613.420 Application to district court for order to restore rights after
unfavorable decision by Nevada Equal Rights Commission. If the Nevada Equal Rights Commission does not
conclude that an unfair employment practice within the scope of NRS 613.310 to 613.435,
inclusive, has occurred, any person alleging such a practice may apply to the
district court for an order granting or restoring to that person the rights to
which the person is entitled under those sections.
(Added to NRS by 1965, 694; A 1975, 223; 1983, 518)
NRS 613.430 Limitation on actions. No
action authorized by NRS 613.420 may be brought
more than 180 days after the date of the act complained of. When a complaint is
filed with the Nevada Equal Rights Commission the limitation provided by this
section is tolled as to any action authorized by NRS
613.420 during the pendency of the complaint before the Commission.
(Added to NRS by 1965, 694; A 1969, 726; 1975, 223; 1977, 1609; 1983, 518)
NRS 613.435 Expedited appeal for certain actions.
1. The appellate court of competent
jurisdiction shall, with regard to an appeal from a final judgment in an action
for age discrimination in employment brought pursuant to NRS
613.420 or 29 U.S.C. §§ 621-634, provide by rule for the filing of briefs
within 6 months after the date of entry of the judgment. The appellate court of
competent jurisdiction for good cause shown may grant an extension of time for
the filing of such briefs.
2. Unless good cause is shown for a later
hearing, the appellate court of competent jurisdiction shall, with regard to an
appeal to which subsection 1 applies, set the appeal for argument on a date
within 60 days after the expiration of the period for filing briefs.
(Added to NRS by 1997, 77; A 2013, 1793)
USE OF LIE DETECTORS
NRS 613.440 Definitions. As
used in NRS 613.440 to 613.510,
inclusive, unless the context otherwise requires:
1. “Employer” includes any person acting
directly or indirectly in the interest of an employer in relation to an
employee or prospective employee.
2. “Lie detector” means a polygraph, voice
stress analyzer, psychological stress evaluator or any other similar device,
whether mechanical or electrical, that is used, or the results of which are
used, for the purpose of rendering a diagnostic opinion regarding the honesty
or dishonesty of an individual.
3. “Polygraph” means an instrument that:
(a) Visually, permanently and simultaneously records
cardiovascular activity, respiratory activity and changes in skin resistance;
and
(b) Is used, or the results of which are used,
for the purpose of rendering a diagnostic opinion regarding the veracity of any
statement made by the person examined.
4. “Polygraphic examination” means a test
administered with a polygraph.
(Added to NRS by 1989, 723)
NRS 613.450 Provisions inapplicable to State and its political subdivisions. The provisions of NRS
613.440 to 613.510, inclusive, do not apply to
this state or any political subdivision of this state.
(Added to NRS by 1989, 724)
NRS 613.460 Adoption of regulations; notice of statutory provisions.
1. The Labor Commissioner:
(a) May adopt any regulations necessary or
appropriate to carry out the provisions of NRS 613.440
to 613.510, inclusive; and
(b) Shall prepare and distribute to employers in
this state, a notice setting forth a summary of the provisions of NRS 613.440 to 613.510,
inclusive.
2. Each employer shall post and maintain
the notice in a conspicuous location at the place of employment where notices
to employees and applicants for employment are customarily posted and read.
(Added to NRS by 1989, 723)
NRS 613.470 Waiver of rights and procedures void; exception. Unless stipulated in a written settlement
agreement signed by all parties to a pending action or complaint filed pursuant
to NRS 613.440 to 613.510,
inclusive, any waiver of the rights and procedures provided by NRS 613.440 to 613.510,
inclusive, is against public policy and is void.
(Added to NRS by 1989, 724)
NRS 613.480 Unlawful acts of employer. Except
as otherwise provided in NRS 613.510, it is
unlawful for any employer in this state to:
1. Directly or indirectly, require,
request, suggest or cause any employee or prospective employee to take or
submit to any lie detector test;
2. Use, accept, refer to or inquire
concerning the results of any lie detector test of any employee or prospective
employee;
3. 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:
(a) Who refuses, declines or fails to take or
submit to any lie detector test; or
(b) On the basis of the results of any lie
detector test; or
4. Discharge, discipline, discriminate
against in any manner, deny employment or promotion to or threaten to take any
such action against any employee or prospective employee who has:
(a) Filed any complaint or instituted or caused
to be instituted any legal proceeding pursuant to NRS
613.440 to 613.510, inclusive;
(b) Testified or may testify in any legal
proceeding instituted pursuant to NRS 613.440 to 613.510, inclusive; or
(c) Exercised his or her rights, or has exercised
on behalf of another person the rights afforded him or her pursuant to NRS 613.440 to 613.510,
inclusive.
(Added to NRS by 1989, 723)
NRS 613.490 Liability of employer to employee; attorney’s fees and costs.
1. An employer who violates the provisions
of NRS 613.440 to 613.510,
inclusive, is liable to the employee or prospective employee affected by the
violation. The employer is liable for any legal or equitable relief as may be
appropriate, including employment of a prospective employee, reinstatement or
promotion of an employee and the payment of lost wages and benefits.
2. An action to recover the liability
pursuant to subsection 1 may be maintained against the employer by an employee
or prospective employee:
(a) For or on behalf of the employee or
prospective employee; and
(b) On behalf of other employees or prospective
employees similarly situated.
Ê An action
must not be commenced pursuant to this section more than 3 years after the date
of the alleged violation.
3. In any action brought pursuant to this
section, the court, in its discretion, may allow the prevailing party
reasonable costs, including attorney’s fees.
(Added to NRS by 1989, 724)
NRS 613.500 Administrative penalties; penalties are cumulative; injunctive
relief.
1. If any person violates any provision of
NRS 613.440 to 613.510,
inclusive, or any regulation adopted pursuant thereto, the Labor Commissioner
may impose against the person an administrative penalty of not more than $9,000
for each such violation.
2. In determining the amount of any
administrative penalty to be imposed against the person, the Labor Commissioner
shall consider the previous record of the person in terms of compliance with NRS 613.440 to 613.510,
inclusive, and any regulation adopted pursuant thereto, and the severity of the
violation. Any administrative penalty imposed against the person is in addition
to any other remedy or penalty provided pursuant to NRS
613.440 to 613.510, inclusive.
3. The Labor Commissioner may bring a
civil action pursuant to this section to restrain violations of NRS 613.440 to 613.510,
inclusive, or any regulation adopted pursuant thereto. A court of competent
jurisdiction may issue, without bond, a temporary or permanent restraining
order or injunction to require compliance with NRS
613.440 to 613.510, inclusive, or any
regulation adopted pursuant thereto, including any legal or equitable relief
incident thereto as may be appropriate, such as employment of a prospective
employee, reinstatement or promotion of an employee, and the payment of lost
wages and benefits.
(Added to NRS by 1989, 723; A 2003, 798)
NRS 613.510 Exemptions from provisions.
1. Except as otherwise provided in
subsection 2, the following are exempt from the provisions of NRS 613.440 to 613.500,
inclusive:
(a) Any employer who requests an employee to
submit to a polygraphic examination if:
(1) The examination is administered in
connection with an ongoing investigation involving economic loss or injury to
the employer’s business, including theft, embezzlement, misappropriation or an
act of unlawful industrial espionage or sabotage;
(2) The employee had access to the
property that is the subject of the investigation;
(3) The employer has a reasonable
suspicion that the employee was involved in the incident or activity under
investigation; and
(4) The employer provides to the employee,
before the examination, a written statement that:
(I) Sets forth with particularity
the specific incident or activity being investigated;
(II) Is signed by the employer or an
agent of the employer;
(III) Is retained by the employer
for at least 3 years; and
(IV) Contains an identification of
the specific economic loss or injury to the business, a statement indicating that
the employee had access to the property and a statement describing the basis of
the employer’s reasonable suspicion that the employee was involved in the
incident.
(b) The use of polygraphic examinations on
prospective employees who would be employed to protect:
(1) Facilities, materials or operations
having a significant impact on the health or safety of this state or any
political subdivision of this state; or
(2) Currency, negotiable securities,
precious commodities or instruments or proprietary information,
Ê requested by
the potential employer whose primary business is to provide armored car
personnel, personnel engaged in the design, installation and maintenance of
security alarm systems or other security personnel.
(c) The use of a polygraphic examination by any
employer authorized to manufacture, distribute or dispense a controlled
substance if:
(1) The examination is administered to a
prospective employee who would have direct access to the manufacture, storage,
distribution or sale of any controlled substance; or
(2) The examination is administered to a
current employee in connection with an ongoing investigation of misconduct
involving a controlled substance manufactured, distributed or dispensed by the
employer if the employee had access to the property that is the subject of the
investigation.
2. The exemptions provided in subsection 1
are applicable only if:
(a) The polygraphic examination is administered
by a person who holds a valid license as a polygraphic examiner or intern or is
qualified as a polygraphic examiner and is exempt from the requirement of
licensing pursuant to the provisions of chapter
648 of NRS; and
(b) The results of a polygraphic examination or
the refusal to take a polygraphic examination is not used as the sole basis
upon which an adverse employment action is taken against an employee or
prospective employee.
(Added to NRS by 1989, 724)
USE OF CONSUMER CREDIT REPORT OR OTHER CREDIT INFORMATION
NRS 613.520 Definitions. As
used in NRS 613.520 to 613.600,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 613.530 to 613.560,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2013, 264, 3731)
NRS 613.530 “Consumer credit report” defined. “Consumer
credit report” means any written, oral or other communication of information by
a consumer reporting agency bearing on the credit worthiness, credit standing
or credit capacity of a person.
(Added to NRS by 2013, 264, 3731)
NRS 613.540 “Consumer reporting agency” defined. “Consumer
reporting agency” has the meaning ascribed to it in NRS 686A.640.
(Added to NRS by 2013, 264, 3731)
NRS 613.550 “Credit information” defined. “Credit
information” means any information that is related to credit and derived from a
consumer credit report or found on a consumer credit report. The term does not
include information that is not related to credit, regardless of whether it is
contained in a consumer credit report.
(Added to NRS by 2013, 264, 3731)
NRS 613.560 “Employer” defined. “Employer”
has the meaning ascribed to it in subsection 1 of NRS
613.440.
(Added to NRS by 2013, 264, 3731)
NRS 613.570 Unlawful acts of employer relating to consumer credit report or
other credit information of employee or prospective employee. Except as otherwise provided in NRS 613.580, it is unlawful for any employer in this
State to:
1. Directly or indirectly, require,
request, suggest or cause any employee or prospective employee to submit a
consumer credit report or other credit information as a condition of
employment;
2. Use, accept, refer to or inquire
concerning a consumer credit report or other credit information;
3. 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:
(a) Who refuses, declines or fails to submit a
consumer credit report or other credit information; or
(b) On the basis of the results of a consumer
credit report or other credit information; or
4. 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 has:
(a) Filed any complaint or instituted or caused
to be instituted any legal proceeding pursuant to NRS
613.520 to 613.600, inclusive;
(b) Testified or may testify in any legal
proceeding instituted pursuant to NRS 613.520 to 613.600, inclusive; or
(c) Exercised his or her rights, or has exercised
on behalf of another person the rights afforded to him or her pursuant to NRS 613.520 to 613.600,
inclusive.
(Added to NRS by 2013, 264, 3731)
NRS 613.580 Exceptions. An
employer may request or consider a consumer credit report or other credit
information for the purpose of evaluating an employee or prospective employee
for employment, promotion, reassignment or retention as an employee if:
1. The employer is required or authorized,
pursuant to state or federal law, to use a consumer credit report or other
credit information for that purpose;
2. The employer reasonably believes that
the employee or prospective employee has engaged in specific activity which may
constitute a violation of state or federal law; or
3. The information contained in the
consumer credit report or other credit information is reasonably related to the
position for which the employee or prospective employee is being evaluated for
employment, promotion, reassignment or retention as an employee. The
information in the consumer credit report or other credit information shall be
deemed reasonably related to such an evaluation if the duties of the position
involve:
(a) The care, custody and handling of, or
responsibility for, money, financial accounts, corporate credit or debit cards,
or other assets;
(b) Access to trade secrets or other proprietary
or confidential information;
(c) Managerial or supervisory responsibility;
(d) The direct exercise of law enforcement
authority as an employee of a state or local law enforcement agency;
(e) The care, custody and handling of, or
responsibility for, the personal information of another person;
(f) Access to the personal financial information
of another person;
(g) Employment with a financial institution that
is chartered under state or federal law, including a subsidiary or affiliate of
such a financial institution; or
(h) Employment with a licensed gaming
establishment, as defined in NRS 463.0169.
(Added to NRS by 2013, 265, 3731)
NRS 613.590 Liability of employer for violation; statute of limitations;
attorney’s fees and costs.
1. An employer who violates the provisions
of NRS 613.520 to 613.600,
inclusive, is liable to the employee or prospective employee affected by the
violation. The employer is liable for any legal or equitable relief as may be
appropriate, including employment of a prospective employee, reinstatement or
promotion of an employee and the payment of lost wages and benefits.
2. An action to recover the liability
pursuant to subsection 1 may be maintained against the employer by an employee
or prospective employee:
(a) For or on behalf of the employee or
prospective employee; and
(b) On behalf of other employees or prospective
employees similarly situated.
Ê An action
must not be commenced pursuant to this section more than 3 years after the date
of the alleged violation.
3. In any action brought pursuant to this
section, the court, in its discretion, may allow the prevailing party
reasonable costs, including attorney’s fees.
(Added to NRS by 2013, 265, 3732)
NRS 613.600 Administrative penalties, penalties are cumulative; injunctive
relief.
1. If any person violates NRS 613.520 to 613.600,
inclusive, the Labor Commissioner may impose against the person an
administrative penalty of not more than $9,000 for each such violation.
2. In determining the amount of any
administrative penalty to be imposed against the person, the Labor Commissioner
shall consider the previous record of the person in terms of compliance with NRS 613.520 to 613.600,
inclusive, and the severity of the violation. Any administrative penalty
imposed against the person is in addition to any other remedy or penalty
provided pursuant to NRS 613.520 to 613.600, inclusive.
3. The Labor Commissioner may bring a
civil action pursuant to this section to restrain violations of NRS 613.520 to 613.600,
inclusive. A court of competent jurisdiction may issue, without bond, a
temporary or permanent restraining order or injunction to require compliance
with NRS 613.520 to 613.600,
inclusive, including any legal or equitable relief incident thereto as may be
appropriate, such as employment of a prospective employee, reinstatement or
promotion of an employee, and the payment of lost wages and benefits.
(Added to NRS by 2013, 266, 3732)
