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Legal Alert

Reminder: Nevada Paid Leave Law Takes Effect January 1

12.16.19

Nevada employers will soon have a very important New Year’s resolution to complete: complying with the state’s first-ever paid leave law. Effective January 1, 2020, all private employers with 50 or more employees in Nevada will have to provide employees with up to 40 hours of paid leave per benefit year. If you aren’t up to speed on the basics of this impending change, the time is now to understand the necessary compliance steps.

Immediate Concerns

Beginning with the new year, you will have to provide 0.01923 hours of paid leave for each hour of work performed. According to the language of the statute, the law does not apply to an employer who “pursuant to a contract, policy, collective bargaining agreement or other agreement, provides employees with a policy for paid leave or a policy for paid time off to all scheduled employees at a rate of at least 0.01923 hours of paid leave per hour of work performed.” 

However, it remains to be seen whether you can avoid all of the other requirements simply by having a policy that provides paid leave to all scheduled employees at this rate or better. There will no doubt be litigation over this new law, and state and federal judges called to interpret the statute may have different opinions. 

Therefore, our recommendation is that private employers with 50 or more Nevada employees relying on this exemption still design policies that mirror the language of the statute to the maximum extent possible. 

Key Compliance Steps

Key points of the law are summarized below.

Conclusion

The Nevada Labor Commissioner has put out an Advisory Opinion on this subject which you may find useful. We will continue to monitor further developments, so you should ensure you are subscribed to Fisher Phillips’ alert system to gather the most up-to-date information. If you have any questions, please contact your Fisher Phillips attorney or any attorney in our Las Vegas office.


This Legal Alert provides an overview of a specific state law. It is not intended to be, and should not be construed as, legal advice for any particular fact situation.

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