reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 613 - Employment Practices › 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, or 613.4383, 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)
2023 Nevada Revised Statutes › Chapter 613 - Employment Practices › NRS 613.385 - Preferential treatment in hiring veteran or spouse of veteran permitted.

1. A private employer may adopt an employment policy that gives preference in hiring to a veteran or the spouse of a veteran. Such a policy must be applied uniformly to employment decisions regarding the hiring or promotion of a veteran or the spouse of a veteran or the retention of a veteran or the spouse of a veteran during a reduction in the workforce.
2. A private employer who gives preference in hiring to a veteran or the spouse of a veteran pursuant to subsection 1 does not violate any local or state equal employment law.
3. The Nevada Equal Rights Commission may, upon receipt of a written complaint from a prospective employee of a private employer who has adopted an employment policy giving preference in hiring to a veteran or the spouse of a veteran pursuant to subsection 1, review the employment policy to determine whether the policy is being applied uniformly in accordance with subsection 1. If the Commission determines that an employment policy is not being applied uniformly, the Commission shall cause written notice of its findings, including the recommendations of the Commission, to be provided to the employer and prospective employee. Upon receipt of a notice from the Commission that an employment policy is not being applied uniformly, the employer shall revise his or her employment policy consistent with the recommendations of the Commission.
4. As used in this section:
(a) "Private employer" has the meaning ascribed to it in NRS 616A.295.
(b) "Veteran" has the meaning ascribed to it in NRS 417.005.
(Added to NRS by 2015, 3861)
2023 Nevada Revised Statutes › Chapter 613 - Employment Practices › NRS 613.390 - Inapplicability to employment by certain businesses on or near Indian reservation.

Nothing contained in NRS 613.133 or 613.310 to 613.4383, 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; A 2017, 1787; 2019, 549; 2021, 1680)
2023 Nevada Revised Statutes › Chapter 613 - Employment Practices › 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, or 613.4383 requires any employer, employment agency, labor organization or joint labor-management committee subject to NRS 613.310 to 613.435, inclusive, and 613.4383 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)
2023 Nevada Revised Statutes › Chapter 613 - Employment Practices › NRS 613.405 - Complaints concerning unlawful employment practices filed with Nevada Equal Rights Commission.

1. Except as otherwise provided in subsection 2, any person injured by an unlawful employment practice within the scope of NRS 613.310 to 613.4383, 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.
2. Any person injured by an unlawful employment practice within the scope of paragraph (c) of subsection 1, paragraph (c) of subsection 2, paragraph (c) of subsection 3, subsection 7 or subsection 8 of NRS 613.330 may file a complaint to that effect with the Nevada Equal Rights Commission regardless of whether the complaint is based on discrimination because of race, color, sex, sexual orientation, gender identity or expression, age, disability, religion or national origin.
3. Any person injured by an unlawful employment practice within the scope of NRS 613.4353 to 613.4383, inclusive, may file a complaint to that effect with the Nevada Equal Rights Commission if the complaint is based on an employer’s failure to comply with the provisions of NRS 613.4353 to 613.4383, inclusive.
(Added to NRS by 1969, 725; A 1973, 984, 1498; 1975, 222, 1458; 1977, 1608; 1989, 691; 1991, 1027; 1999, 1941; 2011, 500; 2017, 1787, 2104; 2019, 3759)
2023 Nevada Revised Statutes › Chapter 613 - Employment Practices › NRS 613.412 - Complaint alleging unlawful discriminatory practice: Issuance of right-to-sue notice by Nevada Equal Rights Commission.

If a person files a complaint pursuant to paragraph (b) of subsection 1 of NRS 233.160 which alleges an unlawful discriminatory practice in employment, the Nevada Equal Rights Commission shall issue, upon request from the person, a right-to-sue notice if at least 180 days have passed after the complaint was filed pursuant to NRS 233.160. The right-to-sue notice must indicate that the person may, not later than 90 days after the date of receipt of the right-to-sue notice, bring a civil action in district court against the person named in the complaint.
(Added to NRS by 2019, 548)
2023 Nevada Revised Statutes › Chapter 613 - Employment Practices › NRS 613.420 - Nevada Equal Rights Commission to issue letter and right-to-sue notice after unfavorable decision by Commission; civil action in district court for order to restore rights.

1. If the Nevada Equal Rights Commission does not conclude that an unfair employment practice within the scope of NRS 613.310 to 613.4383, inclusive, has occurred, the Commission shall issue:
(a) A letter to the person who filed the complaint pursuant to NRS 613.405 notifying the person of his or her rights pursuant to subsection 2.
(b) A right-to-sue notice. The right-to-sue notice must indicate that the person may, not later than 90 days after the date of receipt of the right-to-sue notice, bring a civil action in district court against the person named in the complaint.
(c) To the person who filed the complaint pursuant to NRS 613.405, basic information relating to:
(1) Filing a charge alleging an unlawful employment practice with the United States Equal Employment Opportunity Commission; and
(2) The process by which the United States Equal Employment Opportunity Commission conducts a review of the Nevada Equal Rights Commission’s conclusion pursuant to 42 U.S.C. § 2000e-5(b).
2. If the Nevada Equal Rights Commission has issued a right-to-sue notice pursuant to this section or NRS 613.412, the person alleging such a practice has occurred may bring a civil action in the district court not later than 90 days after the date of receipt of the right-to-sue notice for any appropriate relief, including, without limitation, 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; 2017, 1788; 2019, 549, 3759; 2021, 1704)
2023 Nevada Revised Statutes › Chapter 613 - Employment Practices › NRS 613.430 - Limitation on actions.

To the extent consistent with federal law:
1. No action authorized by NRS 613.420 or Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., may be brought:
(a) More than 180 days after the date of the act complained of; or
(b) More than 90 days after the date of the:
(1) Issuance of the letter described in subsection 1 of NRS 613.420; or
(2) Receipt of the right-to-sue notice issued by the Nevada Equal Rights Commission pursuant to NRS 613.412 or by the United States Equal Employment Opportunity Commission pursuant to 42 U.S.C. § 2000e-5(f)(1), as applicable,
whichever is later.
2. When a complaint is filed with the Nevada Equal Rights Commission or the United States Equal Employment Opportunity Commission, the limitation provided by this section is tolled as to any action authorized by NRS 613.420 or Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., during the pendency of the complaint before the Nevada Equal Rights Commission or the United States Equal Employment Opportunity Commission, as applicable.
(Added to NRS by 1965, 694; A 1969, 726; 1975, 223; 1977, 1609; 1983, 518; 2019, 550, 3759; 2021, 1394)
2023 Nevada Revised Statutes › Chapter 613 - Employment Practices › NRS 613.432 - Unlawful employment practices: Relief.

If a court finds that an employee has been injured by an unlawful employment practice within the scope of NRS 613.133 and 613.310 to 613.4383, inclusive, the court may award the employee the same legal or equitable relief that may be awarded to a person pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., if the employee is protected by Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., or NRS 613.330.
(Added to NRS by 2019, 548; A 2021, 1680)
2023 Nevada Revised Statutes › Chapter 613 - Employment Practices › 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)
2023 Nevada Revised Statutes › Chapter 613 - Employment Practices › NRS 613.4356 - Definitions.

As used in NRS 613.4353 to 613.4383, inclusive, unless the context otherwise requires, the words and terms defined in NRS 613.4359, 613.4362 and 613.4365 have the meanings ascribed to them in those sections.
(Added to NRS by 2017, 1781)
2023 Nevada Revised Statutes › Chapter 613 - Employment Practices › NRS 613.4359 - "Condition of the applicant relating to pregnancy, childbirth or a related medical condition" defined.

"Condition of the applicant relating to pregnancy, childbirth or a related medical condition," "condition of the employee relating to pregnancy, childbirth or a related medical condition" or "condition of the employee or applicant relating to pregnancy, childbirth or a related medical condition" means a physical or mental condition intrinsic to pregnancy or childbirth that includes, without limitation, lactation or the need to express breast milk for a nursing child.
(Added to NRS by 2017, 1781)
2023 Nevada Revised Statutes › Chapter 613 - Employment Practices › NRS 613.4362 - "Reasonable accommodation" defined.

"Reasonable accommodation" means an action described in NRS 613.4371 that is taken by an employer for a female employee or applicant for employment who has a condition relating to pregnancy, childbirth or a related medical condition.
(Added to NRS by 2017, 1781)
2023 Nevada Revised Statutes › Chapter 613 - Employment Practices › NRS 613.4365 - "Related medical condition" defined.

"Related medical condition" means any medically recognized physical or mental condition related to pregnancy, childbirth or recovery from pregnancy or childbirth. The term includes, without limitation, mastitis or other lactation-related medical condition, gestational diabetes, pregnancy-induced hypertension, preeclampsia, postpartum depression, loss or end of pregnancy and recovery from loss or end of pregnancy.
(Added to NRS by 2017, 1782)
2023 Nevada Revised Statutes › Chapter 613 - Employment Practices › NRS 613.4368 - Legislative findings and declaration.

1. The Legislature hereby finds and declares that:
(a) Workplace laws must adequately protect pregnant women from being terminated from their employment because of the refusal of their employer to provide a reasonable accommodation;
(b) Women are often the primary income earners for their families and unemployment resulting from the failure of their employers to provide accommodations in the workplace is an outcome that families cannot afford to endure; and
(c) By remaining employed, pregnant women continue to provide economic security for their families, which in turn provides an economic benefit to the economy of this State.
2. The Legislature further finds and declares that it is the intent of the Legislature to fight against discrimination based on pregnancy, childbirth or a related medical condition, promote public health and ensure that women realize full and equal participation in the workforce by requiring employers to provide reasonable accommodations to employees who are pregnant, have given birth or have a related medical condition.
(Added to NRS by 2017, 1782)
2023 Nevada Revised Statutes › Chapter 613 - Employment Practices › NRS 613.4371 - Reasonable accommodation requested by female employee or provided to a female applicant for employment.

1. If a female employee requests an accommodation for a condition of the employee relating to pregnancy, childbirth or a related medical condition, the employer and employee must engage in a timely, good faith and interactive process to determine an effective, reasonable accommodation for the employee. An accommodation may consist of a change in the work environment or in the way things are customarily carried out that allows the employee to have equal employment opportunities, including the ability to perform the essential function of the position and to have benefits and privileges of employment that are equal to those available to other employees.
2. A reasonable accommodation provided by an employer to a female applicant for employment which is based on a condition of the applicant relating to pregnancy, childbirth or a related medical condition may consist of a modification to the application process or the manner in which things are customarily carried out that allows the applicant to be considered for employment or hired for a position.
3. A reasonable accommodation pursuant to this section may include, without limitation:
(a) Modifying equipment or providing different seating;
(b) Revising break schedules, which may include revising the frequency or duration of breaks;
(c) Providing space in an area other than a bathroom that may be used for expressing breast milk;
(d) Providing assistance with manual labor if the manual labor is incidental to the primary work duties of the employee;
(e) Authorizing light duty;
(f) Temporarily transferring the employee to a less strenuous or hazardous position; or
(g) Restructuring a position or providing a modified work schedule.
4. An employer is not required by this section or NRS 613.438 to:
(a) Create a new position that the employer would not have otherwise created, unless the employer has created or would create such a position to accommodate other classes of employees; or
(b) Discharge any employee, transfer any employee with more seniority or promote any employee who is not qualified to perform the job, unless the employer has taken or would take such an action to accommodate other classes of employees.
(Added to NRS by 2017, 1783)
2023 Nevada Revised Statutes › Chapter 613 - Employment Practices › NRS 613.4374 - Employer must prove undue hardship for refusal to provide reasonable accommodation.

1. If a female employee or applicant for employment makes a prima facie showing that the employee or applicant requested a reasonable accommodation for a condition of the employee or applicant relating to pregnancy, childbirth or a related medical condition and the employer refused to provide or attempt to provide the reasonable accommodation, the burden of proof shifts to the employer to demonstrate that providing such an accommodation would impose an undue hardship on the business of the employer.
2. To prove such an undue hardship, the employer must demonstrate that the accommodation is significantly difficult to provide or expensive considering, without limitation:
(a) The nature and cost of the accommodation;
(b) The overall financial resources of the employer;
(c) The overall size of the business of the employer with respect to the number of employees and the number, type and location of the available facilities; and
(d) The effect of the accommodation on the expenses and resources of the employer or the effect of the accommodation on the operations of the employer.
3. Evidence that the employer provides or would be required to provide a similar accommodation to a similarly situated employee or applicant for employment creates a rebuttable presumption that the accommodation does not impose an undue hardship on the employer.
(Added to NRS by 2017, 1784)
2023 Nevada Revised Statutes › Chapter 613 - Employment Practices › NRS 613.4377 - Employer to provide and post notice of right to freedom from discriminatory or unlawful employment practices.

1. An employer shall provide a written or electronic notice to employees that they have the right to be free from discriminatory or unlawful employment practices pursuant to NRS 613.4353 to 613.4383, inclusive. The notice must include a statement that a female employee has the right to a reasonable accommodation for a condition of the employee relating to pregnancy, childbirth or a related medical condition.
2. An employer shall provide the notice required pursuant to subsection 1:
(a) To a new employee upon commencement of employment; and
(b) Within 10 days after an employee notifies the employee’s immediate supervisor that the employee is pregnant.
3. An employer shall post the notice required pursuant to subsection 1 in a conspicuous place at the place of business of the employer that is located in an area which is accessible to employees.
(Added to NRS by 2017, 1784)
2023 Nevada Revised Statutes › Chapter 613 - Employment Practices › NRS 613.4383 - Unlawful employment practices: Refusal to grant leave to female employee for condition relating to pregnancy, childbirth or related medical condition.

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 for a condition of the employee relating to pregnancy, childbirth or a related medical condition. 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; A 2017, 1785)—(Substituted in revision for NRS 613.335)
2023 Nevada Revised Statutes › Chapter 613 - Employment Practices › 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)
2023 Nevada Revised Statutes › Chapter 613 - Employment Practices › 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)
2023 Nevada Revised Statutes › Chapter 613 - Employment Practices › 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)
2023 Nevada Revised Statutes › Chapter 613 - Employment Practices › 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)
2023 Nevada Revised Statutes › Chapter 613 - Employment Practices › 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.
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)
2023 Nevada Revised Statutes › Chapter 613 - Employment Practices › 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)
2023 Nevada Revised Statutes › Chapter 613 - Employment Practices › 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,
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)
2023 Nevada Revised Statutes › Chapter 613 - Employment Practices › 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)
2023 Nevada Revised Statutes › Chapter 613 - Employment Practices › 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)
2023 Nevada Revised Statutes › Chapter 613 - Employment Practices › 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)
2023 Nevada Revised Statutes › Chapter 613 - Employment Practices › 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)
2023 Nevada Revised Statutes › Chapter 613 - Employment Practices › 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.
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)
2023 Nevada Revised Statutes › Chapter 613 - Employment Practices › 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)
2023 Nevada Revised Statutes › Chapter 613 - Employment Practices › NRS 613.750 - Relocation to foreign country: Required notice to Labor Commissioner and employees; ineligibility for economic development incentive; waiver.

1. An employer who relocates a call center, or one or more facilities or operating units within a call center comprising at least 30 percent of the total operating volume of telephone calls or other electronic communications when measured against the average volume of those operations from the previous 12 months, from this State to a foreign country shall, not later than 90 days before such relocation:
(a) If the employer has received any incentive from a state agency for economic development, including, without limitation, any grant, loan, tax credit or abatement within the 10 years immediately preceding the relocation, notify the Labor Commissioner and the employees who will be displaced due to the relocation of:
(1) The relocation; and
(2) The number of employees who will be displaced due to the relocation; or
(b) If the employer is not an employer described in paragraph (a), provide to the Labor Commissioner and the employees who will be displaced due to the relocation a notice containing the information required to be included in the notice required pursuant to the federal Worker Adjustment and Retraining Notification Act, 29 U.S.C. §§ 2101 et seq., and the regulations adopted pursuant thereto.
2. Except as otherwise provided in subsection 3, an employer who has provided the notice required by subsection 1 is ineligible to receive from a state agency any incentive for economic development, including, without limitation, any grant, loan, tax credit or abatement for a period of 5 years following the date upon which such notice was provided to the Labor Commissioner.
3. The Labor Commissioner may waive the provisions of subsection 2 for a state agency that wishes to provide an incentive for economic development to an employer who has provided the notice required by subsection 1 upon the request of the state agency if:
(a) The employer demonstrates to the satisfaction of the state agency that not being provided the incentive would cause job loss or an adverse impact on this State; and
(b) The state agency notifies the Labor Commissioner that the employer complied with paragraph (a) within 15 days after the state agency makes the determination of compliance.
(Added to NRS by 2019, 2898)
2023 Nevada Revised Statutes › Chapter 613 - Employment Practices › NRS 613.760 - Failure of employer to provide required notice of relocation: Imposition of penalties and requirement that employer conduct study under certain circumstances.

1. If an employer fails to provide the notice required by paragraph (a) of subsection 1 of NRS 613.750, the Labor Commissioner shall:
(a) Impose against the employer a civil penalty not to exceed $5,000 for each day the employer fails to provide the notice; or
(b) Require the employer to conduct a study, at the expense of the employer, to determine the financial impact of the failure of the employer to provide the required notice on the community surrounding the call center and impose against the employer a civil penalty in an amount based upon the results of the study.
2. If an employer fails to provide the notice required by paragraph (b) of subsection 1 of NRS 613.750, the Labor Commissioner shall impose against the employer a civil penalty of $5,000 and an additional civil penalty of $500 for each day the employer fails to provide the notice, up to a maximum of 30 days.
(Added to NRS by 2019, 2899)
2023 Nevada Revised Statutes › Chapter 613 - Employment Practices › NRS 613.770 - Restrictions on construction relating to certain payments, compensation and benefits for employees of call center.

The provisions of NRS 613.700 to 613.780, inclusive, must not be construed to authorize the withholding or denial of payments, compensation or benefits under any law of this State, including, without limitation, unemployment compensation, a disability benefit or a payment for the purposes of retraining or readjustment to an employee of an employer who relocates a call center to a foreign country.
(Added to NRS by 2019, 2899)
2023 Nevada Revised Statutes › Chapter 614 - Organized Labor and Labor Disputes › NRS 614.010 - Governor to attempt amicable settlement of labor dispute on request of either party; appointment of commission; arbitration.

1. Whenever a controversy concerning wages, hours of labor, or conditions of employment shall arise between an employer and his or her employees, seriously interrupting or threatening to interrupt the business of the employer, the Governor shall, upon the request of either party to the controversy, with all practicable expedition, put himself or herself in communication with the parties to such controversy, and shall use his or her best efforts, by mediation and conciliation, to settle the same amicably. The Governor may either exercise such powers of conciliation himself or herself or appoint a commission for such purpose.
2. If such efforts of conciliation shall be unsuccessful, the Governor shall at once endeavor to bring about an arbitration of such controversy in accordance with the provisions of NRS 614.010 to 614.080, inclusive.
[1:181:1907; RL § 1929; NCL § 2763]
2023 Nevada Revised Statutes › Chapter 614 - Organized Labor and Labor Disputes › NRS 614.020 - Board of arbitration: Selection; majority may make valid award.

1. Whenever a controversy shall arise between an employer and his or her employees which cannot be settled by mediation and conciliation in the manner provided in NRS 614.010, such controversy may, with the consent of the parties to the controversy, be submitted to the arbitration of a board of three persons who shall be chosen in the following manner. One shall be named by the employer directly interested, and one shall be named by the labor organization to which the employees directly interested belong, or if they belong to more than one, such arbitrator shall be agreed upon and designated by the concurrent action of all such labor organizations. The two thus chosen shall select the third commissioner of arbitration. In the event of their failure to name such arbitrator within 5 days after their first meeting, the three arbitrators shall be named by the Governor.
2. A majority of the arbitrators shall be competent to make a binding and valid award under the provisions of NRS 614.010 to 614.080, inclusive.
[Part 2:181:1907; RL § 1930; NCL § 2764]
2023 Nevada Revised Statutes › Chapter 614 - Organized Labor and Labor Disputes › NRS 614.030 - Written submission of controversy to board of arbitration: Contents and stipulations.

The submission shall:
1. Be in writing.
2. Be signed by the employer and by the labor organization or organizations representing the employees.
3. Specify the time and place of meeting of such board of arbitration.
4. State the questions to be decided.
5. Contain appropriate provisions by which the respective parties shall stipulate as follows:
(a) That the board of arbitration shall commence its hearings within 10 days from the date of the appointment of the third arbitrator, and shall find and file its award within 30 days from the date of the appointment of the third arbitrator; and that pending the arbitration the status existing immediately prior to the dispute shall not be changed; but that no employee shall be compelled to render personal service without his or her consent.
(b) That the award and the papers and proceedings, including the testimony relating thereto certified under the hands of the arbitrators, shall be filed in the clerk’s office of the district court for the county wherein the controversy arises or the arbitration is entered into, and shall be final and conclusive upon both parties, unless set aside for error of law apparent on the record.
(c) That the respective parties to the award will each faithfully execute the same, and that the same may be specifically enforced in equity so far as the powers of a court of equity permit; but that no injunction or other legal process shall be issued which shall compel the performance by any laborer against his or her will of a contract for personal labor or service.
(d) That employees dissatisfied with the award shall not by reason of such dissatisfaction quit the service of the employer before the expiration of 3 months from and after the making of such award without giving 30 days’ notice in writing of their intention so to quit; nor shall the employer dissatisfied with such award dismiss any employee or employees on account of such dissatisfaction before the expiration of 3 months from and after the making of such award without giving 30 days’ notice in writing of his or her intention so to discharge.
(e) That the award shall continue in force as between the parties thereto for the period of 1 year after the same shall go into practical operation, and no new arbitration upon the same subject between the same employer and the same class of employees shall be had until the expiration of such 1 year if the award is not set aside as provided.
[Part 2:181:1907; RL § 1930; NCL § 2764]
2023 Nevada Revised Statutes › Chapter 614 - Organized Labor and Labor Disputes › NRS 614.040 - Award: Operation; judgment; exceptions; appeal to appellate court.

1. The award being filed in the clerk’s office of the district court, as provided in NRS 614.030, it shall go into practical operation and judgment shall be entered thereon accordingly at the expiration of 10 days from such filing, unless within such 10 days either party shall file exceptions thereto for matter of law apparent on the record, in which case the award shall go into practical operation and judgment shall be entered accordingly when such exceptions shall have been finally disposed of either by the district court or on appeal therefrom.
2. At the expiration of 10 days from the decision of the district court upon exception taken to the award as stated in subsection 1, judgment shall be entered in accordance with the decision, unless during the 10 days either party shall appeal therefrom to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court of the State of Nevada pursuant to Section 4 of Article 6 of the Nevada Constitution. In such case only such portion of the record shall be transmitted to the appellate court of competent jurisdiction as is necessary to a proper understanding and consideration of the questions of law presented by the exceptions and to be decided.
3. The determination of the appellate court of competent jurisdiction upon the questions shall be final, and, being certified by the clerk thereof to the district court, judgment pursuant thereto shall thereupon be entered by the district court.
4. If exceptions to an award are finally sustained, judgment shall be entered setting aside the award, but in such case the parties may agree upon a judgment to be entered disposing of the subject matter of the controversy, which judgment when entered shall have the same force and effect as judgment entered upon an award.
[3:181:1907; RL § 1931; NCL § 2765]—(NRS A 2013, 1793)