Author Archives: JT Washington

October 25, 2024

Navigating Nevada’s Voter Leave Laws

JT Washington

Election season is here. In many states, early voting has already started or will soon begin. It is crucial for Nevada employers to understand their obligations regarding employees with Election Day approaching in just a couple weeks.

While federal law may not mandate employers to grant employees time off to cast their votes, several states, including Nevada, insist on such accommodation. These laws are designed to guarantee employees the opportunity to contribute their voices to the electoral process without fear of employer-imposed sanctions.

In Nevada, employees registered to vote may request leave from their employers if it is impracticable for them to vote before or after work. Nevada employers are required to give eligible employees “sufficient time” off to vote*. The amount of voting leave an employee receives is determined by the distance between the employee’s workplace and their polling place – this chart details the amount of voting leave employees are entitled to in Nevada:

Distance between job and polling place	Time Off Allowed for Voting
2 miles or less	1 hour
more than 2 miles but not more than 10 miles	2 hours
more than 10 miles	3 hours

Employees wishing to use leave to vote must request leave before Election Day*. Under Nevada law, employers can designate when an employee may be absent to vote*. Read more >>

October 3, 2024

Online Conduct, Offline Impact: Unpacking the Legal Implications of Social Media Harassment in the Workplace

JT Washington

by JT Washington

Today, technology and social media are integral parts of our daily lives. Social media has transformed how we communicate and express ourselves. However, this transformation has brought new challenges, particularly in the workplace, where online behavior can have significant repercussions. Recent legal cases have demonstrated what happens on social media does not always stay online and can contribute to a hostile work environment or harassment if it impacts an employee’s working conditions. This encompasses behavior that may not occur in the physical workplace but still affects the overall work environment. Employers are required to promptly and effectively address harassment, irrespective of where it takes place, including on social media.

A recent ruling by the U.S. Court of Appeals for the Ninth Circuit, in the case of Okonowsky v. Garland, has emphasized this reality. 109 F.4th 1166. The court held that an employer could be held liable for a hostile work environment claim based on harassing content posted on an employee’s personal social media account, even if the conduct occurred outside the physical workplace. This decision builds upon earlier guidance from the Equal Employment Opportunity Commission (“EEOC”), which warned that employers might be liable for non-work-related conduct when it affects the workplace environment. The ruling underscores the growing influence of social media in shaping workplace dynamics and the potential legal ramifications for employers who fail to address harassment that originates online but permeates the workplace. Read more >>

July 1, 2024

Nevada’s New Minimum Wage Starts Today

by JT Washington

Nevada employers may be happy to learn that as a result of a November 8, 2022, ballot measure passing, Nevada’s two-tier minimum wage will be no more. The two-tier minimum wage system reduced the required minimum wage if an employer offered qualifying health benefits. This change means that all employees will be entitled to the same minimum hourly wage regardless of whether they receive qualifying health benefits. Starting July 1, 2024, the minimum wage will increase to $12 per hour for all Nevada workers who are not exempt from minimum wage requirements, regardless of whether the employer offered qualifying health benefits. See 2024 Minimum Wage Bulletin. Read more >>

June 13, 2024

What Employers Should Know About The Pregnant Workers Fairness Act

by JT Washington

JT Washington

The U.S. Equal Employment Opportunity Commission (the “EEOC”) issued a final regulation to implement the Pregnant Workers Fairness Act (“PWFA”). The regulation goes into effect on June 18, 2024. The PWFA initially went into effect on June 27, 2023. A primary objective of the law is to allow pregnant employees to continue working as long as they are capable, benefitting both the employees and their employers. The PWFA requires covered employers to make affirmative efforts to provide “reasonable accommodations to the known limitations related to pregnancy, childbirth, or related medical conditions of a qualified employee” unless the accommodation would impose an undue hardship. “Covered employers” include private and public sector employers with at least 15 employees, Congress, Federal agencies, employment agencies, and labor organizations. The PWFA also prohibits employers from:

Requiring an employee to accept an accommodation without a discussion between the employee and the employer about the accommodation;
Denying employment opportunities to a qualified employee or applicant based on the person’s need for a reasonable accommodation;
Requiring an employee to take leave, paid or unpaid, if another reasonable accommodation can be provided to the employee;
Taking adverse action in terms, conditions, or privileges of employment against an employee because the employee requested or used a reasonable accommodation;
Retaliating against an employee who opposed any unlawful act or practice under the PWFA or because an employee made a charge, testified, assisted, or participated in an investigation, proceeding, or hearing under the PWFA; or
Coercing, intimidating, threatening, or interfering with any individual’s rights under the PWFA.