Yesterday, I had the humble pleasure of attending a class, at the NDOT/Nevada Dept. of Transportation RESOURCE CENTER, invited by Christy Echols=President, The Paragon Group http://nvresource.center/
I will not get all the way into all of the bills and changes, but You all need to do your research of these NEW Changes that the Nevada Legislature passed, the Governor Signed, and now The LABOR COMMISSIONER, the Dept. of Business and Industry, and others will be enforcing. Our Committees (The Southern Nevada Forum’s Education Committee, Economic Development Committee and Transportation Committees) did get a few of our voted on measures passed within/into these laws and bills. I am 1 (ONE) happy to see some of these provisions, that got passed.
do your research on SB27 and SB243 and SB 190 and SB207
here is another really BIG one; Must an employer provide paid leave?•Effective January 1, 2020, yes, a private employer who employs 50 or more employees in the state of Nevada must provide 0.01923 hour of paid leave per/hour of work performed. Senate Bill(SB) 312-2019
http://labor.nv.gov/uploadedFiles/labornvgov/content/About/AO%20SB%20312%20Paid%20Leave.pdf
“REALLY IMPORTANT SECTIONS, FOR THOSE EMPLOYERS, TRYING TO “SKATE BY” THE SYSTEMS BY “ONLY HAVING “SO-CALLED” P/T EMPLOYEES TO ESCAPE THE CONTRACTED HOURLY WAGES REQUIREMENTS IN CONTRACTS AND GRANTS (WIOA IS BEING EXPLOITED, BY SOME BAD KISSY-KISSY PEOPLE); FOR, EXAMPLE…
Recommendations Regarding the Section 1 – Subdivision 8(b) Exemption: Employers should track and monitor the hours and days worked for employees that are temporary, seasonal, and on-call/per-diem employees. Employers could front load or allow the accrual of paid leave at a rate of 0.01923 hours of paid leave per hour of work performed for temporary, seasonal, and on-call/per-diem employees if they anticipate that the assignment will exceed 90 days. There is no requirement to pay out or allow the carry-over of accrued leave beyond 40 hours per Benefit Year even if the assignment exceeds 90 days. The Labor Commissioner would discourage employers from intentionally misclassifying employees as temporary, seasonal, or as on-call/per-diem employees for purposes of avoiding the requirement to provide and pay for paid leave. Such actions could result in an Administrative Penalty of up to $5,000.00 per violation. PART-TIME EMPLOYEES Question #1: What is a Part-Time employee? Answer: Typically, a Part-Time employee is an employee who works 20 hours or less than 34 hours per week based on a typical 40-hour work week. The Federal Department of Labor Bureau of Labor Statistics categorizes a Part-Time employee as a person that works between 1-34 hoursper week based on a 40-hour work week. The Labor Commissioner would also consider an employee who works less than Full-Time hours for a period longer than 90 days to be a Part-Time employee. Question #2: Can I designate an employee as a Part-Time employee if they work less than 20hours or between 20-34 hours based on a 40-hour work week or less than that based on our designated work week? Answer: Yes. While not required, an employer can expand and offer the paid leave benefit toemployees who may not be fully Part-Time. Because the paid leave accrues at a rate of 0.01923 hours of paid leave per hour of work performed, the leave would accrue based on the hours ofwork performed. An employer could also offer it to temporary, seasonal, and on-call employees if they chose to. Question #3: If I work an employee 19 hours per work week (based on a typical 40-hour work week) or less than half of the designated work week for longer than 90 days, do I still have toprovide paid leave? Answer: Probably, based on the answer to Question #1. If the employee is there longer than 90days and does not qualify as a temporary, seasonal, or as an on-call employee under the exemptionin Section 1 – Subdivision 8(b), then paid leave may need to be paid. The Labor Commissionerwould encourage the employer to offer/provide paid leave in situations like this given the intent ofSB 312. 5 FRONT LOADING OR ACCRUAL OF LEAVE; CARRY OVER LEAVE; SEPARATION; AND REINSTATEMENT Question #1: Does SB 312 allow for the front loading of leave? Answer: Yes. Pursuant to Section 1 – Subdivision 1(b) (1) “An employee may, as determined by the employer, obtain paid leave by: Receiving on the first day of each benefit year the total number of hours of paid leave that the employee is entitled to accrue in a benefit year.” Question #2: Does SB 312 allow for the accrual of leave? Answer: Yes. Pursuant to Section 1 – Subdivision (1)(b)(2) “An employee may, as determined by the employer, obtain paid leave by: “Accruing over the course of a benefit year the total number of hours of paid leave that the employee is entitled to accrue in a benefit year.” Question #3: How much accrued leave can be carried over? Answer: Pursuant to Section 1 -Subdivision (1)(c) “Paid leave accrued pursuant to subparagraph (2) of paragraph (b) may carry over for each employee between his or her benefit years of employment, except an employer may limit the amount of paid leave for each employee carried over to a maximum of 40 hours per benefit year.” Question #4: We (the employer) front loaded the leave and now the employee just notified us that they were quitting and taking the two weeks-notice period off as paid leave. Do we have to pay the employee and does this apply to accrued leave as well? Answer: For paid leave, it depends. If the employer has a policy, contract, agreement, handbook, or collective bargaining agreement for paying out front loaded leave or accrued leave, then it is recommended that the leave be paid out. If there is no policy, contract, agreement, handbook, or collective bargaining agreement, then the employer does not have to pay out the paid leave. However, if the employer decides to terminate the employee prior to the termination date, the employer cannot deduct paid leave from an employee’s final paycheck that was not actually taken. Question #5: An employee terminated employment and then came back and was reinstated. What paid leave needs to be reinstated? Answer: Pursuant to Section 1 – Subdivision 1(i) “If an employee is rehired by the employer within 90 days after separation from that employer and the separation from employment was not due to the employee voluntarily leaving his or her employment, any previously unused leave hours available for use by that employee must be reinstated.”
