Nevada Employment Legal Questions

Hello,  I can discuss the workers' compensation view point. If you were injured by the robber or have developed PTSD you may have a claim for workers' compensation benefits. You would certianly want to see a doctor and fill out the necessary forms as well as inform your employer of the injury.  There is an arguement that this would not be covered by workers' compensation because the injury was the result of someone committing an intentional tort, but I would recommend still filing a claim and seeing a doctor if you are injured. ... Read More

You are only responsible if there was a hazardous condition on your property that you either created or knowingly allowed to exist. In Nevada, the worker would be covered by worker's compensation insurance first, with your homeowner's policy being secondary. If he hit his head on his own vehicle or equipment, I don't see how you or your insurance could be responsible. D) .... Read More

Nevada is an at-will employment state where your employer can dismiss you for no reason at all, so long as it is not a prohibited reason. "Since employees in Nevada are presumed to be at-will, an employer can dismiss an at-will employee with or without cause, so long as the dismissal does not offend this state's public policy. State of Nevada v. Dist. Ct. (Anzalone), 118 Nev. 140, 151, 42 P.3d 233, 240 (2002)." Based on the facts as presented, the employer is not required to allow you to pose any defenses, absent contractual or collective bargaining rights. With that being said, if have evidence and information that you are being discriminated against due to your age, you may have a viable claim for relief.... Read More

Nevada is an at-will employment state where your employer can dismiss you for no reason at all, so long as it is not a prohibited reason. "Since employees in Nevada are presumed to be at-will, an employer can dismiss an at-will employee with or without cause, so long as the dismissal does not offend this state's public policy. State of Nevada v. Dist. Ct. (Anzalone), 118 Nev. 140, 151, 42 P.3d 233, 240 (2002)." While bereavement is truly unfortunate, there is no statutory entitlement to leave a job because of bereavement or emergency circumstances.  While one would hope as a personnel decision that an employer would show some degree of understanding due to the unfortunate circumstances, there is no legal protection which entitles you to keep your job.  Certain exceptions may exist if your job is subject to a contract or collective bargaining agreement.... Read More

The answer differs depending on whether the taping is of in-person communications versus telephone conversations.  In Lane v. Allstate Ins. Co., 114 Nev. 1176 (1998), the Nevada Supreme Court compared NRS 200.620 (which restricts taping of telephone calls) with NRS 200.650 (which restricts intrusion into in-person communications). "The legislative intent to prohibit the taping of telephone conversations with the consent of only one party is made clear by comparing the language of NRS 200.620 with the language of NRS 200.650. In NRS 200.650, the legislature prohibited surreptitious intrusion upon in-person, private conversations by means of any listening device, but specifically added the language “'unless authorized to do so by one of the persons engaging in the conversation.'”  Therefore the taping of in-person communications requires only the consent of one of the parties to the conversation, which would presumably be you, pursuant to NRS 200.650.  The taping of telephone conversations requires two-party consent pursuant to NRS 200.620.  "It seems apparent that the legislature believed that intrusion upon Nevadans' privacy by nonconsensual recording of telephone conversations was a greater intrusion than the recording of conversations in person." Id.  ... Read More

While there does not appear to be any Nevada law directly on this point, there have been sporadic opinions in which employees were found to be able to made claims under the Americans with Disabilities Act to accomodate their allergies and sensitivies for a "fragrance-free" workplace policy.... Read More

The answer is generally yes, so long as you are compensated for the overtime.  There are limited restrictions such as the requirements of number of hours for child labor.  In collectively bargained agreements and certain employment contracts, there can be bargained-for limits on overtime. ... Read More

There are a multitude of issues which you have raised in your question. As far as keeping your job, Nevada is an at-will employment state where your employer can dismiss you for no reason at all, so long as it is not a prohibited reason. "Since employees in Nevada are presumed to be at-will, an employer can dismiss an at-will employee with or without cause, so long as the dismissal does not offend this state's public policy. State of Nevada v. Dist. Ct. (Anzalone), 118 Nev. 140, 151, 42 P.3d 233, 240 (2002)." While there are limited exceptions to the at-will employment doctrine, the Nevada Supreme Court has made clear that these exceptions are “severely limited to those rare and exceptional cases where the employer's conduct violates strong and compelling public policy.” Sands Regent v. Valgardson, 105 Nev. 436, 440, 777 P.2d 898, 900 (1989). The alternative question which you post implies is that other employees and/or your employer may be lying about you and publishing false facts, which may adversely impact not only your current position but ability to obtain employment in the future. These statements may be defamatory and should be investigated and all evidence preserved.... Read More

Discrimination in employment due to pregnancy can be a violation of Federal and Nevada employment laws.  Your next step should be to investigate the facts and reasons, ask for a copy of your employment file and seek potential redress through the EEOC and/or Nevada Equal Rights Commission.  These claims can be easily time-barred so make sure that time is of the essence in protecting your rights.... Read More

Your question leads me to believe that you are dealing with a consumer and not a costumer.  Assuming that you conducted work which requires a contractors license as an unlicensed contractor, you may have committed a criminal act.  You are prohibited from filing a mechanics lien for the unpaid balance but may be able to recover the remaining balance under contractual or equitable principles such as unjust enrichment.... Read More

In Nevada, the Labor Commissioner will assist you with your rights to be paid minimum wage.  Minimum wage in Nevada is $7.25 per hour with insurance, and $8.25 per hour without insurance and must be paid no less frequently than semi-monthly.   Tips may not be applied as credit toward the payment of the statutory minimum wage.  All uniforms or accessories distinctive in style, color , or material shall be furnished, without cost to employees; these rights are likewise enforced by the Labor Commissioner.... Read More

The United States Supreme Court has held that federally protected hostile work environment claims are governed by the four-year federal statute of limitations set forth in 28 U.S.C. § 1658. Jones v. R.R. Donnelley & Sons Co., 158 L. Ed. 2d 645, 124 S. Ct. 1836 (2004).  There may be state law claims for breach of an employment agreement which can be a six year statute in Nevada for written contracts and four-year limitations period for unwritten contracts.   Therefore to the extent that the incident occurred in 2006, you are likely beyond any applicable period of limitations.... Read More

Nevada has adoped the Fair Employment Practices Act, which prohibits employers who employ more than 15 employees from discriminating on the basis of sex, which includes pregnancy and childbirth. If an employer has a sick leave policy, it is unlawful to fail or refuse to extend the same benefits to any pregnant employee. Such an employee must be allowed to use the leave before and after childbirth, miscarriage, or any other natural resolution of her pregnancy, if earned as part of the employment.  Obviously if your employer (a) is not bound by the Act; (b) has no sick leave policy or (c) you have not vested under that policy, there is no claim. NRS  613.335. There may be additional protections provided under the Federal Family and Medical Leave Act which you may also want to consider.... Read More

To answer your final question, refusal to share tips with other employees can be grounds for termination in Nevada as at-will state.  An employer in at-will employment can terminate an employee for any number of reasons.  You indicate that you work for an anonymous casino; therefore it is not possible without such facts to opine as to whether you may have contractual protections with your employer or collective bargaining protections.  ... Read More

With the exception of employees governed under labor agreements or express contracts, in Nevada as an at-will employment state, Employers can terminate an employee for almost any reason or for no reason at all, so long as it is not a prohibited reason. "Since employees in Nevada are presumed to be at-will, an employer can dismiss an at-will employee with or without cause, so long as the dismissal does not offend this state's public policy. (citations omitted).  While [Nevada] has recognized certain exceptions to the at-will employment doctrine (citation omitted), these exceptions are 'severely limited to those rare and exceptional cases where the employer's conduct violates strong and compelling public policy.'" Ozawa v. Vision Airlines, 125 Nev. 556, 561 (2009).  With that being said, many casinos in Nevada have employment agreements that may set forth the grounds and bases for discipline.... Read More

With the exception of employees governed under labor agreements or express contracts, in Nevada as an at-will employment state.  Employers can terminate an employee for almost any reason or for no reason at all, so long as it is not a prohibited reason. "Since employees in Nevada are presumed to be at-will, an employer can dismiss an at-will employee with or without cause, so long as the dismissal does not offend this state's public policy. (citations omitted). While [Nevada] has recognized certain exceptions to the at-will employment doctrine (citation omitted), these exceptions are 'severely limited to those rare and exceptional cases where the employer's conduct violates strong and compelling public policy.'" Ozawa v. Vision Airlines, 125 Nev. 556, 561 (2009). Your question implicates two factors.  The first is that you state that you walked off of the job, which may be interpreted not as a firing/termination but as a voluntary resignation.  The second issue is that the assertion that you would not do the work requested may be viewed as insubordination or good cause for termination.  You should speak with an employment attorney regarding the claims at issue.  ... Read More

 Since employees in Nevada are presumed to be at-will, an employer can dismiss an at-will employee with or without cause, so long as the dismissal does not offend this state's public policy. State of Nevada v. Dist. Ct. (Anzalone), 118 Nev. 140, 151, 42 P.3d 233, 240 (2002). While this Nevada courts have recognized certain exceptions to the at-will employment doctrine, such as whistleblowing regarding safe employment practices and the protection of the health and safety of workers on the job, these exceptions are “severely limited to those rare and exceptional cases where the employer's conduct violates strong and compelling public policy.” Sands Regent v. Valgardson, 105 Nev. 436, 440, 777 P.2d 898, 900 (1989).  Usually (absent an employment agreement), the fairness of a dismissal is irrelevant.... Read More

Privacy in the workplace is really less than in many other settings. The term "invasion of privacy" really encompasses five different types of claims in Nevada: (1) unreasonable intrusion upon the seclusion of another; (2) appropriation of the name or likeness of another; (3) unreasonable publicity given to private facts; (4) publicity unreasonably placing another in a false light before the public and (5) invasion of the right of publicity. It is the first one that people usually associate with the concept of invasion of privacy and one that is discussed below. The claim for "intrusion" requires: (1) an intentional intrusion (physical or otherwise); (2) on the solitude or seclusion of another; (3) that would be highly offensive to a reasonable person. You have to show that you have an actual and reasonable expectation of seclusion or solitude. The Nevada Supreme Court has stated that there is no invasion of privacy to photograph a person in a public place because the person is in plain view and has no expectation that what is publicly viewable is in any manner private. Therefore the focus of the inquiry would be on whether the area that was photographed was publicly viewable and is an area where you expect secrecy, privacy and seclusion; the expectations for a retail counter or cubicle and a stall in a restroom are therefore different. The questions regarding what types of intrusions are highly offensive is a flexible question based upon the nature of the intrusion. Therefore this question is highly fact-specific, including the degree of intrusion, the circumstances surrounding the intrusion, as well as the intruder's motives and objectives, the setting into which it intrudes, and the expectations of those whose privacy is invaded.... Read More