Nevada Employee Rights: A Comprehensive Guide to Understanding Your Rights in the Workplace
As an employee in Nevada, it is crucial to know your rights and privileges in the workplace. Rights help you stand up for yourself as an employee and enable you to voice your concerns or complaints about unfair treatment. Nevada employment laws provide a wide range of employee rights, including protection from discrimination, wage laws, workplace safety, and more. In this article, we will discuss your rights as an employee in Nevada and what you should do if those rights are violated.
Equal Employment Opportunity
The state of Nevada is committed to providing equal employment opportunities to all employees and potential employees regardless of their age, race, gender, religion, national origin, sexual orientation, or disability. Discrimination in any form is illegal under the Nevada Revised Statutes (NRS) Section 613.330. Employers are prohibited from making employment decisions based on any of the above characteristics. This includes hiring, firing, promotions, pay raises, and other types of employment decisions.
If you believe that your rights have been violated concerning discrimination in the workplace, your first step should be to talk to your employer. However, if your employer does not take any action, you may file a complaint with the Nevada Equal Rights Commission (NERC). The NERC is responsible for enforcing Nevada’s anti-discrimination laws.
Pay and Breaks
Nevada employees have various rights with regards to their pay and breaks. The state of Nevada has minimum wage laws in place that require employers to pay their employees a certain minimum hourly wage. The minimum wage in Nevada as of July 1, 2021, is $9.75 per hour for employees without employer-provided health insurance and $8.75 per hour for employees with employer-provided health insurance. As an employee, you have the right to receive payment for all hours worked, and it is illegal for your employer to withhold your pay or to pay you less than the minimum wage. It is also illegal for your employer to require that you work off the clock.
Employers in Nevada are required to provide meal and rest breaks to their employees. At a minimum, employers must provide their employees with a 10-minute paid rest break for every four hours worked and a 30-minute unpaid meal break for every eight hours worked. If an employer violates meal or rest break laws, employees may be entitled to additional compensation.
Health and Safety
Employers in Nevada are also required to provide a safe workplace for their employees. Employers must follow safety guidelines set by the Occupational Safety and Health Administration (OSHA) to ensure that employees are protected against workplace hazards. If employers violate OSHA regulations, employees have the right to file a complaint with OSHA.
Nevada employees also have the right to be free from retaliation for reporting safety violations. If an employee believes their employer has retaliated against them, they may file a complaint with the Nevada Division of Industrial Relations.
Family and Medical Leave
Employees in Nevada have certain rights when it comes to leave for family and medical reasons. Under the Family and Medical Leave Act (FMLA), eligible employees can take up to 12 weeks of unpaid leave to care for a newborn child, a newly adopted child, a spouse, or a parent suffering from a serious health condition. Employees may also take FMLA leave for their own serious health condition. Employers are required to maintain employee benefits during their leave and, in most cases, allow the employee to return to the same or an equivalent position upon their return.
If you are an employee in Nevada and you believe your employer has violated your family and medical leave rights, you may file a complaint with the Department of Labor.
Privacy
Employees in Nevada also have certain privacy rights. Nevada employers are prohibited from conducting unauthorized searches of an employee’s locker, work area, or personal property. Employers are also prohibited from monitoring or recording employee conversations or activities in the workplace unless the employee has been notified beforehand.
If you believe your privacy rights have been violated, you should report the issue to your employer. If no action is taken, you may file a complaint with the Nevada Department of Business and Industry.
Whistleblower Protection
Nevada employees have the right to report illegal or unethical workplace conduct without fear of retaliation. Under the Nevada Whistleblower Protection Act, employers are prohibited from taking adverse employment action against employees who report suspected illegal or unethical activity.
If an employee believes they have been retaliated against for reporting illegal activity, they may file a complaint with the Nevada Labor Commissioner or with a state court.
Independent Contractors
Employers sometimes try to misclassify employees as independent contractors to avoid providing employee rights, such as minimum wage and overtime laws. Under Nevada law, an employee is presumed to be an employee unless the employer can prove otherwise. If you believe that you have been misclassified as an independent contractor, you should speak to an attorney. You may be entitled to unpaid minimum wages, overtime pay, and other benefits.
In conclusion, as an employee in Nevada, it is crucial to know your rights and what you should do if they are violated. Nevada employees have various rights, including protection from discrimination, minimum wage and break laws, and family and medical leave. Employers are also required to provide a safe workplace for their employees and are prohibited from retaliating against employees who report illegal activity. If you believe your employer has violated your rights, it is essential to take action, whether that be by filing a complaint with a government agency or speaking with an attorney.
Quick Guide to Nevada Employee Rights
Nevada Employee Rights
One of the greatest public resources for Nevada employee rights involving various employee rights in minimum wage, fair pay and equal pay, the hiring process, safety standards, and more is the state’s revised statutes. The Nevada Labor Commission is also a great resource for multiple Nevada employee rights and both federal and state laws will be discussed within this article.
Nevada Employee Rights in the Hiring Process
There are multiple federal laws and state laws that protect an applicant during the hiring process and most of these laws protect the applicant against discrimination, unlawful drug testing, and access to personal files.
NRS 284.4068 of the state’s revised statutes directly addresses Nevada employee rights for the confidentiality of drug tests by an employer. NRS 613.075 of Nevada employee rights during the hiring process discuss state law for the use of employer references and information that may and may not be supplied.
Nevada employee rights within the hiring process are controlled by the following federal laws and more:
• Title VII of the Civil Rights Act of 1964 (which protects rights in the hiring process dealing with race, color, religion, sex, or national origin, and more)
• Age Discrimination Act of 1963 (which protects workers’ rights during the hiring process who are 40 years or older)
• Title I and Title V of the Americans with Disabilities Act of 1990 and Sections 501 and 505 of the Rehabilitation Act of 1973 (which protects a disabled person’s rights in federal, state, and local sectors)
• Title II of the Genetic Information Nondiscrimination Act of 2008 (which prohibits discrimination based on genetic information about the employee)
Fair Pay and Equal Pay
There are also Nevada employee rights that cover various employee rights in minimum wage and fair pay and equal pay. Some of these rights are listed below:
The Fair Pay and Equal Pay Acts
These acts prohibit sex-based discrimination within the same job. The Fair Pay and Equal Pay Acts also prohibit an employer from paying employees of equal experience and skill different wages based on sex or any categories under discrimination laws. State law regarding fair pay and equal pay is discussed in NRS 608.017. If you believe your employer has violated a fair pay and equal pay procedure, you may file a wage claim.
Various Employee Rights with Minimum Wage
The current minimum wage in Nevada is $7.25 for employees with benefits and $8.25 for employees with no benefits. Various employee rights in minimum wage laws allow the employee to negotiate their wage or make a claim against unfair wages, and employees receiving minimum wage operate under the same overtime rules as people with higher pay rates.
Refer to the article on this website titled, “Quick Guide to Minimum Wage in NV” for more information on various employee rights in minimum wage laws. NRS 608.250-290 of the state’s statutes also discusses various employee rights in minimum wage.
If you believe your Nevada employee rights have been violated, including various employee rights in minimum wage, fair pay and equal pay, the hiring process, or any other aspect of the workplace, you should never be afraid to receive proper compensation from the employer. Your Nevada employee rights under the hiring process, various employee rights under minimum wage laws, fair pay and equal pay, and others are protected under whistleblower laws if you decide to bring suit against an employer.
