Nevada Employment Practices Act2.

NEVADA EMPLOYMENT PRACTICES ACT

CHAPTER 613 – EMPLOYMENT PRACTICES

SOLICITATION OF EMPLOYEES BY MISREPRESENTATION

NRS 613.010
Influencing, persuading or engaging worker to change from one place to
another by false representations; penalty; damages.

NRS 613.020
Fraudulent representations by employment agent or broker: Penalty.

NRS 613.030
False representations or pretenses concerning employer’s ability to pay
wages: Penalty.

POLITICAL AFFILIATIONS

NRS 613.040 Rule or regulation preventing political activity unlawful.

NRS 613.050 Penalty; duty of Attorney General.

NRS 613.060
Responsibility for acts of managers, officers, agents and employees.

NRS 613.070 Recovery of damages by employee.

RECORDS REGARDING EMPLOYEES

NRS 613.075
Inspection by person who is subject of records; provision of copies
upon request; cost of copies; person permitted to submit written
explanation in response to information in records and to challenge
accuracy; limitations.

MISCELLANEOUS PROVISIONS

NRS 613.080 Involuntary servitude prohibited; wages; penalty.

NRS 613.090
Obtaining employment by false or forged letter of recommendation or
union card: Penalty.

NRS 613.100
Endangering life or property by breaking employment contract: Penalty.

NRS 613.110 Grafting by employee: Penalty.

NRS 613.120
Unlawful to demand or receive fee or commission as condition to giving
or continuing employment to workman; penalty.

NRS 613.125
Effect of employer’s failure to make agreed payments to health or
welfare fund; penalty.

NRS 613.130
Unlawful agreements concerning membership in labor organizations as
condition of obtaining or continuing employment; penalty.

NRS 613.140
Employer compelling or inducing employee to trade at particular store
or board at particular boardinghouse: Penalty.

NRS 613.150
Transportation company compelling purchase of uniform from particular
person or employer as condition of continuing employment unlawful;
penalty.

NRS 613.160
Spotters: Right of employee to be confronted with accuser; penalty.

NRS 613.170 Time checks: Discounts and deductions unlawful.

NRS 613.180 Hospital fees: Unlawful collection from employee.

NRS 613.190 Corrupt influencing of employee unlawful.

NRS 613.200
Prevention of employment of person who has been discharged or who
terminates employment unlawful; criminal and administrative penalties;
exception.

NRS 613.210
Blacklists unlawful; recommendations and statements to be provided
employee by employer.

NRS 613.220
Assembling and cooperation of employees to secure increases in wages
unrestricted.

NRS 613.225
Labor Commissioner to adopt regulations to establish certain procedures
required by 42 U.S.C. § 607(f).

RIGHT TO WORK

NRS 613.230 “Labor organization” defined.

NRS 613.250
Agreements prohibiting employment because of nonmembership in labor
organization prohibited.

NRS 613.260 Certain contracts declared illegal and void.

NRS 613.270
Compelling person to join labor organization or to strike against his
will or to leave his employment prohibited.

NRS 613.280 Conspiracy.

NRS 613.290 Liability for damages.

NRS 613.300 Injunctive relief.

EQUAL OPPORTUNITIES FOR EMPLOYMENT

NRS 613.310 Definitions.

NRS 613.320 Applicability.

NRS 613.325
Authority of Nevada Equal Rights Commission to adopt regulations
relating to federal statutes.

NRS 613.330
Unlawful employment practices: Discrimination on basis of race, color,
religion, sex, sexual orientation, age, disability or national origin;
interference with aid or appliance for disability; refusal to permit
service animal at place of employment.

NRS 613.333
Unlawful employment practices: Discrimination for lawful use of any
product outside premises of employer which does not adversely affect
job performance or safety of other employees.

NRS 613.335
Unlawful employment practices: Refusal to grant leave to pregnant
employees.

NRS 613.340
Unlawful employment practices: Discrimination for opposing unlawful
practice or assisting investigation; printing or publication of
material indicating prohibited discrimination.

NRS 613.345
Unlawful employment practices: Requiring or encouraging current or
prospective employees and members of labor organizations to submit to
genetic test; denying or altering employment or membership in labor
organization based on genetic information.

NRS 613.350 Lawful employment practices.

NRS 613.360
Actions permitted against member of Communist Party or related
organization.

NRS 613.370 National security.

NRS 613.380
Consideration of seniority, quantity or quality of production and other
tests of ability permitted.

NRS 613.390
Inapplicability to employment by certain businesses on or near Indian
reservation.

NRS 613.400
Preferential treatment of certain persons on account of imbalance in
existing number or percentage of those persons employed not required.

NRS 613.405
Complaints concerning unlawful employment practices filed with Nevada
Equal Rights Commission.

NRS 613.420
Application to district court for order to restore rights after
unfavorable decision by Nevada Equal Rights Commission.

NRS 613.430 Limitation on actions.

NRS 613.435 Expedited appeal for certain actions.

USE OF LIE DETECTORS

NRS 613.440 Definitions.

NRS 613.450
Provisions inapplicable to State and its political subdivisions.

NRS 613.460 Adoption of regulations; notice of statutory provisions.

NRS 613.470 Waiver of rights and procedures void; exception.

NRS 613.480 Unlawful acts of employer.

NRS 613.490
Liability of employer to employee; attorney’s fees and costs.

NRS 613.500
Administrative penalties; penalties are cumulative; injunctive relief.

NRS 613.510 Exemptions from provisions.

_________

SOLICITATION OF EMPLOYEES BY MISREPRESENTATION

NRS
613.010  Influencing, persuading or engaging worker to change from
one place to another by false representations; penalty; damages.

1.  It shall be unlawful for any
person, persons, company, corporation, society, association or
organization of any kind doing business in this state by himself,
itself, themselves, his, its or their agents or attorneys to induce,
influence, persuade or engage workmen to change from one place to
another in this state, or to bring workmen of any class or calling into
this state to work in any of the departments of labor in this state,
through means of false or deceptive representations, false advertising
or false pretenses concerning:

(a) The kind and character of the work to be done;

(b) The amount and character of the compensation to be paid for such work;

(c) The sanitary or other conditions of their employment; or

(d) The existence or nonexistence of a
strike or other trouble pending between the employer and employees at
the time of or prior to such engagement, proposal or contract for such
employment of workmen.

2.  Any person, persons, company,
corporation, society, association or organization of any kind doing
business in this state, as well as his, their or its agents, attorneys,
servants or associates, violating any of the provisions of subsection 1
is guilty of a gross misdemeanor.

3.  Any workman of this state or
any workman of another state who has been or shall be influenced,
induced or persuaded to engage with any person mentioned in subsection
1, or any company, corporation, society or organization mentioned in
subsection 1, through or by means of any of the things therein
prohibited, shall have a cause of action for recovery and may recover
at law for all damages that he shall have sustained in consequence of
the false or deceptive representations, false advertising or false
pretenses used to induce him to change his place of employment, or
place of abode in case such workman shall not be then employed at the
time of such inducement and hiring, against any person or persons,
corporations, companies or associations directly or indirectly causing
such damages. In any action under this section for the recovery of such
damages, the court shall have the power to award a reasonable
attorney’s fee in favor of the prevailing party, which fee shall be
taxed as costs against the losing party therein.

[1:154:1911; RL § 1936; NCL § 2772] +
[2:154:1911; RL § 1937; NCL § 2773] + [3:154:1911; RL § 1938; NCL §
2774]-(NRS A 1967, 631)

NRS
613.020  Fraudulent representations by employment agent or broker:
Penalty.  Every employment agent or broker who, with intent to
influence the action of any person thereby, shall misstate or
misrepresent verbally or in any writing or advertisement any material
matter relating to the demand for labor, the conditions under which any
labor or service is to be performed, the duration thereof or the wages
to be paid therefor, shall be guilty of a misdemeanor.

[1911 C&P § 520; RL § 6785; NCL § 10466]

NRS
613.030  False representations or pretenses concerning employer’s
ability to pay wages: Penalty.  Any person, persons, partnership,
association, company or corporation, or his or its officers, directors
or agents, who or which shall employ for wages any person or persons in
any occupation, and who or which at the time of employing such person
or persons shall make any false representation or pretenses as to
having sufficient funds to pay such wages, and who after labor has been
done under such employment by the employee or employees shall fail upon
the discharge or resignation of such employee or employees, for a
period of 5 days after such wages are legally payable, to pay the
employee or employees on demand the wages due the employee or employees
for such labor, shall be guilty of a misdemeanor.

[1:276:1913; 1919 RL p. 3390; NCL § 10601]-(NRS A 1967, 632)

POLITICAL AFFILIATIONS

NRS
613.040  Rule or regulation preventing political activity
unlawful.  It shall be unlawful for any person, firm or
corporation doing business or employing labor in the State of Nevada to
make any rule or regulation prohibiting or preventing any employee from
engaging in politics or becoming a candidate for any public office in
this state.

[1:62:1915; 1919 RL p. 3391; NCL § 10602]

NRS 613.050  Penalty; duty of Attorney General.

1.  Any person, firm or corporation convicted of violating the provisions of NRS 613.040 to 613.070, inclusive, shall be punished by a fine of not more than $5,000.

2.  The penalty must be recovered
in a suit brought for that purpose by the Attorney General in the name
of and for the benefit of the State of Nevada, but the prosecution must
not be commenced later than 3 months after the commission of the
offense described in NRS 613.040.

3.  If a penalty is imposed
pursuant to this section, the costs of the proceeding, including
investigative costs and attorney’s fees, may be recovered by the
Attorney General.

[Part 2:62:1915; 1919 RL p. 3391; NCL § 10603]-(NRS A 1967, 632; 1993, 900)

NRS 613.060  Responsibility for acts of managers, officers, agents and employees.  In all prosecutions under NRS 613.040 to 613.070, inclusive, the person, firm or corporation violating the provisions of NRS 613.040 to 613.070, inclusive, shall be held responsible for the acts of his or its managers, officers, agents and employees.

[Part 2:62:1915; 1919 RL p. 3391; NCL § 10603]

NRS 613.070  Recovery of damages by employee.  Nothing contained in NRS 613.040 to 613.060,
inclusive, shall be construed to prevent the injured employee from
recovering damages from his employer for injury suffered through a
violation of NRS 613.040 to 613.060, inclusive.

[3:62:1915; 1919 RL p. 3391; NCL § 10604]

RECORDS REGARDING EMPLOYEES

NRS
613.075  Inspection by person who is subject of records; provision
of copies upon request; cost of copies; person permitted to submit
written explanation in response to information in records and to
challenge accuracy; limitations.
1.
Any person or governmental entity who employs and has under his
direction and control any person for wages or under a contract of hire,
or any labor organization referring a person to an employer for
employment, shall, upon the request of that employee or person referred:

(a) Give him a reasonable opportunity,
during the usual hours of business, to inspect any records kept by that
employer or labor organization containing information used:

(1) By the employer or labor organization to determine the
qualifications of that employee and any disciplinary action taken
against him, including termination from that employment; or

(2) By the labor organization with respect to that person’s position on
its list concerning past, present and future referrals for employment;
and

(b) Furnish him with a copy of those records.

Ê The records to be made available do not include confidential reports
from previous employers or investigative agencies, other confidential
investigative files concerning the employee or person referred or
information concerning the investigation, arrest or conviction of that
person for a violation of any law.

2.  An employer or labor
organization shall allow an employee or person referred to submit a
reasonable written explanation in direct response to any written entry
in the records of employment regarding the employee or person. Any such
written explanation must be reasonable in length, in a format
prescribed by the employer and maintained by the employer or labor
organization in the records of employment.

3.  An employer or labor
organization shall not maintain a secret record of employment regarding
an employee or person referred.

4.  Upon termination of employment,
an employer shall allow an employee to inspect his records of
employment within 60 days after his termination of employment and
shall, if requested by that former employee within that period, furnish
him with a copy of those records.

5.  An employer or labor
organization may only charge an employee or person referred an amount
equal to the actual cost of providing access to and copies of his
records of employment.

6.  The employee or person referred
shall, if he contends that any information contained in the records is
inaccurate or incomplete, notify his employer or the labor organization
in writing of his contention. If the employer or labor organization
finds that the contention of that employee or person is correct, it
shall change the information accordingly.

7.
No copies may be furnished to an employee or former employee
under this section unless he has been or was employed for more than 60
days.

(Added to NRS by 1985, 1080; A 1997, 1024)

MISCELLANEOUS PROVISIONS

NRS 613.080  Involuntary servitude prohibited; wages; penalty.

1.  The immigration to this State
of all slaves and other people bound by contract to involuntary
servitude for a term of years is hereby prohibited.

2.  It is unlawful for any company,
person or persons to collect the wages or compensation for the labor of
the persons described in subsection 1.

3.  It is unlawful for any
corporation, company, person or persons to pay to any owner or agent of
the owner of any such persons mentioned in subsection 1 any wages or
compensation for the labor of such slaves or persons so bound by the
contract to involuntary servitude.

4.  Unless a greater penalty is provided in NRS 200.463, 200.464 or 200.468, a violation of any of the provisions of this section is a gross misdemeanor.

[1:99:1879; BH § 4764; C § 4856; RL §
6847; NCL § 10607] + [2:99:1879; BH § 4765; C § 4857; RL § 6848; NCL §
10608] + [3:99:1879; BH § 4766; C § 4858; RL § 6849; NCL § 10609] +
[4:99:1879; BH § 4767; C § 4859; RL § 6850; NCL § 10610]-(NRS A 1967,
632; 2005, 91; 2007, 1271)

NRS
613.090  Obtaining employment by false or forged letter of
recommendation or union card: Penalty.  Every person who obtains
employment by color or aid of any false or forged letter, certificate
of recommendation or union card is guilty of a misdemeanor.

[Part 1911 C&P § 522; RL § 6787; NCL § 10468]-(NRS A 1977, 311)

NRS
613.100  Endangering life or property by breaking employment
contract: Penalty.  Every person who shall willfully and
maliciously, either alone or in combination with others, break a
contract of service or employment, knowing or having reasonable cause
to believe that the consequence of his so doing will be to endanger
human life or to cause grievous bodily injury or to expose valuable
property to destruction or serious injury, shall be guilty of a
misdemeanor.

[1911 C&P § 323; RL § 6588; NCL § 10271]

NRS
613.110  Grafting by employee: Penalty.  Every agent,
employee or servant of any person or corporation who shall ask or
receive, directly or indirectly, any compensation, gratuity or reward,
or any promise thereof, upon any agreement or understanding that he
shall act in any particular manner in connection with his principal’s,
employer’s or master’s business, or who, being authorized to purchase
or contract for materials, supplies or other articles or to employ
servants or labor for his principal, employer or master, shall ask or
receive, directly or indirectly, for himself or another, a commission,
percentage, discount, bonus or promise thereof from any person with
whom he may deal in relation to such matters, shall be guilty of a
gross misdemeanor.

[Part 1911 C&P § 521; RL § 6786; NCL § 10467]

NRS
613.120  Unlawful to demand or receive fee or commission as
condition to giving or continuing employment to workman; penalty.

1.  It shall be unlawful for any
manager, superintendent, officer, agent, servant, foreman, shift boss
or other employee of any person or corporation, charged or entrusted
with the employment of any workmen or laborers, or with the continuance
of workmen or laborers in employment, to demand or receive, either
directly or indirectly, from any workman or laborer, employed through
his agency or worked or continued in employment under his direction or
control, any fee, commission or gratuity of any kind or nature as the
price or condition of the employment of any such workman or laborer, or
as the price or condition of his continuance in such employment.

2.  Any such manager,
superintendent, officer, agent, servant, foreman, shift boss or other
employee of any person or corporation, charged or entrusted with the
employment of laborers or workmen for his principal, or under whose
direction or control such workmen and laborers are engaged in work and
labor for such principal, who shall demand or receive, either directly
or indirectly, any fee, commission or gratuity of any kind or nature
from any workman or laborer employed by him or through his agency or
worked under his direction and control, either as the price and
condition of the employment of such workman or laborer or as the price
and condition of the continuance of such workman or laborer in such
employment, shall be guilty of a misdemeanor.

[1:51:1915; 1919 RL p. 3392; NCL § 10605]-(NRS A 1967, 632)

NRS 613.125  Effect of employer’s failure to make agreed payments to health or welfare fund; penalty.

1.  Whenever an employer has agreed
with any employee to make payments to a health or welfare fund or other
such plan for the benefit of the employees, or has entered into a
collective bargaining agreement providing for such payments, it shall
be unlawful for such employer willfully or with intent to defraud to
fail to make the payments required by the terms of any such agreement.

2.  Any employer who violates any
provision of this section shall be guilty of a misdemeanor.

(Added to NRS by 1957, 174)

NRS
613.130  Unlawful agreements concerning membership in labor
organizations as condition of obtaining or continuing employment;
penalty.
1.  As used in this
section, “labor organization” means any organization of any kind, or
any agency or employee representation committee or plan, in which
employees participate and which exists for the purpose, in whole or in
part, of dealing with employers concerning grievances, labor disputes,
wages, rates of pay, hours of employment, or conditions of work.

2.  It shall be unlawful for any
person, firm or corporation to make or enter into any agreement, either
oral or in writing, by the terms of which any employee of such person,
firm or corporation, or any person about to enter the employ of such
person, firm or corporation, as a condition for continuing or obtaining
such employment, shall be required not to become or continue a member
of any labor organization, or shall be required to become or continue a
member of any labor organization.

3.  Any person or persons, firm or
firms, corporation or corporations violating the provisions of this
section shall be guilty of a misdemeanor.

[1911 C&P § 527; A 1951, 111] +
[1911 C&P § 528; RL § 6793; NCL § 10474]-(NRS A 1967, 633)

NRS
613.140  Employer compelling or inducing employee to trade at
particular store or board at particular boardinghouse: Penalty.
Any person or persons, employer, company, corporation or
association, or the managing agent of any person or persons, employer,
company, corporation or association, doing or conducting business in
this state, who by coercion, intimidation, threats or undue influence
compels or induces his employees to trade at any particular store or
board at any particular boardinghouse in this state shall be guilty of
a misdemeanor.

[1911 C&P § 526; RL § 6791; NCL § 10472]-(NRS A 1967, 633)

NRS
613.150  Transportation company compelling purchase of uniform
from particular person or employer as condition of continuing
employment unlawful; penalty.
1.
It shall be unlawful for any transportation company doing
business in the State of Nevada, or any officer, agent or servant of
such transportation company, to require any employee as a condition of
his continued employment, or otherwise to require or compel or attempt
to require or compel any such employee, to purchase of any such
transportation company or of any particular person, firm or
corporation, or at any particular place or places, any uniform or other
clothing or apparel required by any such transportation company to be
used by any such employee in the performance of his duty as such. Any
such transportation company, or any officer, agent or servant thereof,
who shall order or require any person in its employ to purchase any
uniform or other clothing or apparel as aforesaid shall be deemed to
have required such purchase as a condition of such employee’s continued
employment.

2.  Any transportation company
doing business in the State of Nevada, or any officer, agent or servant
thereof, violating any of the provisions of this section shall be
guilty of a misdemeanor.

[Part 1:132:1913; 1919 RL p. 2983; NCL §
6330] + [Part 2:132:1913; 1919 RL p. 2983; NCL § 6331]-(NRS A 1967, 633)

NRS 613.160  Spotters: Right of employee to be confronted with accuser; penalty.

1.  It is unlawful for any person,
firm, association or corporation, or agent, superintendent or manager
thereof, employing any special agent, detective or person commonly
known as a spotter for the purpose of investigating, obtaining and
reporting to the employer or his agent, superintendent or manager
information concerning his employees, to discipline or discharge any
employee in his service, where the act of discipline or the discharge
is based upon a report by a special agent, detective or spotter which
involves a question of integrity, honesty or a breach of rules of the
employer, unless the employer or his agent, superintendent or manager
gives notice and a hearing to the employee thus accused, when requested
by the employee, at which hearing the accused employee must have the
opportunity to confront the person making the report and must have the
right to furnish testimony in his defense.

2.  Any person, corporation, firm,
association or employer who violates any provision of this section is
liable to the State of Nevada for a penalty of $5,000 for each offense.
The penalty must be recovered and the suit must be brought in the name
of the State of Nevada in a court of proper jurisdiction by the
Attorney General, or under his direction by the district attorney in
any county having proper jurisdiction.

3.  If a penalty is imposed
pursuant to this section, the costs of the proceeding, including
investigative costs and attorney’s fees, may be recovered by the
Attorney General or district attorney, as appropriate.

[1:41:1915; 1919 RL p. 2775; NCL § 2770]
+ [2:41:1915; 1919 RL p. 2775; NCL § 2771]-(NRS A 1993, 900)

NRS 613.170  Time checks: Discounts and deductions unlawful.

1.  Whenever any person or persons,
firm, corporation or association, whether acting as principal or agent,
contractor or subcontractor, shall hire or employ any other person or
persons for the performance of any labor or service, and shall issue to
such person or persons time checks for the labor or service performed,
it shall be unlawful for the person or persons, firm, corporation or
association issuing such time checks to discount the same or deduct
therefrom any portion of the same as such discount.

2.  Any employer of labor, or his
agent or representative, violating the provisions of subsection 1 shall
be guilty of a misdemeanor.

3.  Nothing in subsections 1 and 2
shall apply to persons, firms, associations or corporations making
discounts, deductions, or pro rata payments in the course of bankruptcy
or insolvency proceedings, or in the settlement of the estates of
deceased persons.

[1911 C&P § 523; RL § 6788; NCL §
10469] + [1911 C&P § 524; RL § 6789; NCL § 10470] + [1911 C&P §
525; RL § 6790; NCL § 10471]-(NRS A 1967, 634)

NRS 613.180  Hospital fees: Unlawful collection from employee.

1.  For the purpose of this section:

(a) “Distance and facilities for the
comfort and conveyance of any patient” shall be construed to mean the
nearest hospital and the most comfortable means of conveyance at hand
or that can be procured in a reasonable time.

(b) “Town or place” shall be construed
to mean any town, headquarters or place, at which town, headquarters or
place, and tributary places, sufficient hospital fees are collected to
maintain a hospital in keeping with the hospital fees collected.

2.  It is unlawful for any person
or persons, contractor or contractors, firm, company, corporation or
association, or the managing agent of any person or persons, contractor
or contractors, firm, company, corporation or association, to collect,
demand, force, compel or require, either monthly, annually or for any
other period of time, any sum of money for hospital fees from any
person or laborer at any place in this state where no convenient,
comfortable and well-equipped hospital is maintained at some town or
place for the accommodation, relief and treatment of persons in his or
their employ, and from whom hospital fees are collected; provided:

(a) That any person or persons,
contractor or contractors, firm, company, corporation or association,
or the managing agent of the same, may care for or cause to be cared
for any person in his or their employ, from whom hospital fees are
collected, at any private or public hospital, sanitarium or other
convenient and comfortable place, without expense to the person or
patient from whom hospital fees are collected; and

(b) That the distance and facilities for
the comfort and conveyance of any patient come within the intent and
meaning of subsection 1.

3.  If at the nearest hospital the
proper medical treatment cannot be secured, then it shall not be
unlawful to take any person or patient a greater distance or to another
hospital.

4.  Any person or persons violating
the provisions of this section shall be guilty of a misdemeanor.

[1:84:1903; RL § 1943; NCL § 2796] +
[2:84:1903; RL § 1944; NCL § 2797] + [3:84:1903; RL § 1945; NCL §
2798]-(NRS A 1967, 634)

NRS
613.190  Corrupt influencing of employee unlawful.  Every
person who shall give, offer or promise, directly or indirectly, any
compensation, gratuity or reward to any agent, employee or servant of
any person or corporation, with intent to influence his action in
relation to his principal’s, employer’s or master’s business, shall be
guilty of a gross misdemeanor.

[1911 C&P § 531; RL § 6796; NCL § 10477]

NRS
613.200  Prevention of employment of person who has been
discharged or who terminates employment unlawful; criminal and
administrative penalties; exception.

1.  Except as otherwise provided in this section, any person,
association, company or corporation within this State, or any agent or
officer on behalf of the person, association, company or corporation,
who willfully does anything intended to prevent any person who for any
cause left or was discharged from his or its employ from obtaining
employment elsewhere in this State is guilty of a gross misdemeanor and
shall be punished by a fine of not more than $5,000.

2.  In addition to any other remedy
or penalty, the Labor Commissioner may impose against each culpable
party an administrative penalty of not more than $5,000 for each such
violation.

3.  If a fine or an administrative
penalty is imposed pursuant to this section, the costs of the
proceeding, including investigative costs and attorney’s fees, may be
recovered by the Labor Commissioner.

4.  The provisions of this section
do not prohibit a person, association, company, corporation, agent or
officer from negotiating, executing and enforcing an agreement with an
employee of the person, association, company or corporation which, upon
termination of the employment, prohibits the employee from:

(a) Pursuing a similar vocation in
competition with or becoming employed by a competitor of the person,
association, company or corporation; or

(b) Disclosing any trade secrets,
business methods, lists of customers, secret formulas or processes or
confidential information learned or obtained during the course of his
employment with the person, association, company or corporation,

Ê if the agreement is supported by valuable consideration and is
otherwise reasonable in its scope and duration.

[1911 C&P § 514; RL § 6779; NCL § 10461]-(NRS A 1967, 635; 1993, 901; 1995, 1039; 2003, 797)

NRS 613.210  Blacklists unlawful; recommendations and statements to be provided employee by employer.

1.  As used in this section,
“employee” means every person who has entered upon service or
employment of an employer, and the employment shall be deemed to
commence from the date of the entry or performance of any service. Any
contract of employment, rule, regulation or device to the contrary is
void.

2.  A person shall not #666666list or
cause to be #666666listed or publish the name of or cause to be published
the name of any employee, mechanic or laborer discharged by that person
with the intent to prevent that employee, mechanic or laborer from
engaging in or securing similar or other employment from any other
person.

3.  If any officer or agent of any
person #666666lists or causes to be #666666listed or publishes the name of
or causes to be published the name of any employee, mechanic or laborer
discharged by that person with the intent to prevent that employee,
mechanic or laborer from engaging in or securing similar or other
employment from any other person in any manner conspires or contrives,
by correspondence or otherwise, to prevent that discharged employee
from procuring employment, he is guilty of a misdemeanor.

4.  Subsections 2 and 3 do not
prohibit any person from giving in writing, at the time the employee
leaves or is discharged from the service of the employer, a truthful
statement of the reason for such leaving of the service or discharge of
that employee, nor do subsections 2 and 3 prevent any employer from
giving any employee or former employee any statement with reference to
any meritorious services which the employee may have rendered to that
employer. The employer shall supply statements as provided in this
subsection upon demand from the employee, but no such statement is
required unless the employee has been in service for a period of not
less than 60 days. Only one such statement may be issued to that
employee.

[1911 C&P § 515; RL § 6780; NCL §
10462] + [1911 C&P § 516; RL § 6781; NCL § 10463] + [1911 C&P §
517; A 1915, 275; 1919 RL § 6782; NCL § 10464]-(NRS A 1967, 635; 1987,
1312)

NRS
613.220  Assembling and cooperation of employees to secure
increases in wages unrestricted.  No part of this chapter shall be
construed to restrict or prohibit the orderly and peaceable assembling
or cooperation of persons employed in any profession, trade or
handicraft for the purpose of securing an advance in the rate of wages
or compensation, or for the maintenance of such rate.

[1911 C&P § 536; RL § 6801; NCL § 10482]

NRS
613.225  Labor Commissioner to adopt regulations to establish
certain procedures required by 42 U.S.C. § 607(f).  The Labor
Commissioner shall adopt regulations to establish the procedures
required pursuant to 42 U.S.C. § 607(f).

(Added to NRS by 1997, 2346)

RIGHT TO WORK

NRS 613.230  ”Labor organization” defined.  As used in NRS 613.230 to 613.300,
inclusive, the term “labor organization” means any organization of any
kind, or any agency or employee representation committee or plan, in
which employees participate and which exists for the purpose, in whole
or in part, of dealing with employers concerning grievances, labor
disputes, wages, rates of pay, hours of employment, or other conditions
of employment.

[1:1:1953]

NRS
613.250  Agreements prohibiting employment because of
nonmembership in labor organization prohibited.  No person shall
be denied the opportunity to obtain or retain employment because of
nonmembership in a labor organization, nor shall the State, or any
subdivision thereof or any corporation, individual or association of
any kind enter into any agreement, written or oral, which excludes any
person from employment or continuation of employment because of
nonmembership in a labor organization.

[2:1:1953]

NRS
613.260  Certain contracts declared illegal and void.  Any
act or any provision in any agreement which is in violation of NRS 613.230 to 613.300,
inclusive, shall be illegal and void. Any strike or picketing to force
or induce any employer to make an agreement in writing or orally in
violation of NRS 613.230 to 613.300, inclusive, shall be for an illegal purpose.

[3:1:1953]

NRS
613.270  Compelling person to join labor organization or to strike
against his will or to leave his employment prohibited.  It shall
be unlawful for any employee, labor organization, or officer, agent or
member thereof to compel or attempt to compel any person to join any
labor organization or to strike against his will or to leave his
employment by any threatened or actual interference with his person,
immediate family or property.

[4:1:1953]

NRS
613.280  Conspiracy.  Any combination or conspiracy by two or
more persons to cause the discharge of any person or to cause him to be
denied employment because he is not a member of a labor organization,
by inducing or attempting to induce any other person to refuse to work
with such person, shall be illegal.

[5:1:1953]

NRS 613.290  Liability for damages.  Any person who violates any provision of NRS 613.230 to 613.300, inclusive, or who enters into any agreement containing a provision declared illegal by NRS 613.230 to 613.300,
inclusive, or who shall bring about the discharge or the denial of
employment of any person because of nonmembership in a labor
organization shall be liable to the person injured as a result of such
act or provision and may be sued therefor, and in any such action any
labor organization, subdivision or local thereof shall be held to be
bound by the acts of its duly authorized agents acting within the scope
of their authority and may sue or be sued in its common name.

[6:1:1953]

NRS 613.300  Injunctive relief.  Any person injured or threatened with injury by an act declared illegal by NRS 613.230 to 613.300,
inclusive, shall, notwithstanding any other provision of the law to the
contrary, be entitled to injunctive relief therefrom.

[7:1:1953]

EQUAL OPPORTUNITIES FOR EMPLOYMENT

NRS 613.310  Definitions.  As used in NRS 613.310 to 613.435, inclusive, unless the context otherwise requires:

1.  ”Disability” means, with respect to a person:

(a) A physical or mental impairment that
substantially limits one or more of the major life activities of the
person, including, without limitation, the human immunodeficiency virus;

(b) A record of such an impairment; or

(c) Being regarded as having such an impairment.

2.  ”Employer” means any person who
has 15 or more employees for each working day in each of 20 or more
calendar weeks in the current or preceding calendar year, but does not
include:

(a) The United States or any corporation wholly owned by the United States.

(b) Any Indian tribe.

(c) Any private membership club exempt from taxation pursuant to 26 U.S.C. § 501(c).

3.  ”Employment agency” means any
person regularly undertaking with or without compensation to procure
employees for an employer or to procure for employees opportunities to
work for an employer, but does not include any agency of the United
States.

4.  ”Labor organization” means any
organization of any kind, or any agency or employee representation
committee or plan, in which employees participate and which exists for
the purpose, in whole or in part, of dealing with employers concerning
grievances, labor disputes, wages, rates of pay, hours of employment or
other conditions of employment.

5.  ”Person” includes the State of Nevada and any of its political subdivisions.

6.  ”Sexual orientation” means
having or being perceived as having an orientation for heterosexuality,
homosexuality or bisexuality.

(Added to NRS by 1965, 691; A 1985, 533; 1989, 690; 1991, 1023, 1982; 1997, 77; 1999, 1937, 2875; 2001, 206; 2007, 2176)

NRS 613.320  Applicability.

1.  The provisions of NRS 613.310 to 613.435, inclusive, do not apply to:

(a) Any employer with respect to employment outside this state.

(b) Any religious corporation,
association or society with respect to the employment of individuals of
a particular religion to perform work connected with the carrying on of
its religious activities.

2.  The provisions of NRS 613.310 to 613.435,
inclusive, concerning unlawful employment practices related to sexual
orientation do not apply to an organization that is exempt from
taxation pursuant to 26 U.S.C. § 501(c)(3).

(Added to NRS by 1965, 691; A 1999, 1938)

NRS
613.325  Authority of Nevada Equal Rights Commission to adopt
regulations relating to federal statutes.  The Nevada Equal Rights
Commission may adopt regulations, consistent with the provisions of 42
U.S.C. §§ 12101 et seq., setting forth:

1.  The types of examinations which an employer may require; and

2.  Any defenses which are available to an employer,

Ê relating to the subject matter of those provisions.

(Added to NRS by 1991, 1982)

NRS
613.330  Unlawful employment practices: Discrimination on basis of
race, color, religion, sex, sexual orientation, age, disability or
national origin; interference with aid or appliance for disability;
refusal to permit service animal at place of employment.

1.  Except as otherwise provided in NRS 613.350, it is an unlawful employment practice for an employer:

(a) To fail or refuse to hire or to
discharge any person, or otherwise to discriminate against any person
with respect to his compensation, terms, conditions or privileges of
employment, because of his race, color, religion, sex, sexual
orientation, age, disability or national origin; or

(b) To limit, segregate or classify an
employee in a way which would deprive or tend to deprive him of
employment opportunities or otherwise adversely affect his status as an
employee, because of his race, color, religion, sex, sexual
orientation, age, disability or national origin.

2.  It is an unlawful employment practice for an employment agency to:

(a) Fail or refuse to refer for
employment, or otherwise to discriminate against, any person because of
the race, color, religion, sex, sexual orientation, age, disability or
national origin of that person; or

(b) Classify or refer for employment any
person on the basis of the race, color, religion, sex, sexual
orientation, age, disability or national origin of that person.

3.  It is an unlawful employment practice for a labor organization:

(a) To exclude or to expel from its
membership, or otherwise to discriminate against, any person because of
his race, color, religion, sex, sexual orientation, age, disability or
national origin;

(b) To limit, segregate or classify its
membership, or to classify or fail or refuse to refer for employment
any person, in any way which would deprive or tend to deprive him of
employment opportunities, or would limit his employment opportunities
or otherwise adversely affect his status as an employee or as an
applicant for employment, because of his race, color, religion, sex,
sexual orientation, age, disability or national origin; or

(c) To cause or attempt to cause an
employer to discriminate against any person in violation of this
section.

4.  It is an unlawful employment
practice for any employer, labor organization or joint labor-management
committee controlling apprenticeship or other training or retraining,
including, without limitation, on-the-job training programs, to
discriminate against any person because of his race, color, religion,
sex, sexual orientation, age, disability or national origin in
admission to, or employment in, any program established to provide
apprenticeship or other training.

5.  It is an unlawful employment
practice for any employer, employment agency, labor organization or
joint labor-management committee to discriminate against a person with
a disability by interfering, directly or indirectly, with the use of an
aid or appliance, including, without limitation, a service animal, by
such a person.

6.  It is an unlawful employment
practice for an employer, directly or indirectly, to refuse to permit
an employee with a disability to keep his service animal with him at
all times in his place of employment.

7.  As used in this section, “service animal” has the meaning ascribed to it in NRS 426.097.

(Added to NRS by 1965, 691; A 1967, 108;
1971, 1056; 1973, 981, 1497; 1981, 1300, 1920; 1991, 1024; 1995, 1993; 1999, 1938; 2003, 2976; 2005, 631)

NRS
613.333  Unlawful employment practices: Discrimination for lawful
use of any product outside premises of employer which does not
adversely affect job performance or safety of other employees.

1.  It is an unlawful employment practice for an employer to:

(a) Fail or refuse to hire a prospective employee; or

(b) Discharge or otherwise discriminate
against any employee concerning his compensation, terms, conditions or
privileges of employment,

Ê because he engages in the lawful use in this state of any product
outside the premises of the employer during his nonworking hours, if
that use does not adversely affect his ability to perform his job or
the safety of other employees.

2.  An employee who is discharged
or otherwise discriminated against in violation of subsection 1 or a
prospective employee who is denied employment because of a violation of
subsection 1 may bring a civil action against the employer who violates
the provisions of subsection 1 and obtain:

(a) Any wages and benefits lost as a result of the violation;

(b) An order of reinstatement without loss of position, seniority or benefits;

(c) An order directing the employer to offer employment to the prospective employee; and

(d) Damages equal to the amount of the lost wages and benefits.

3.  The court shall award
reasonable costs, including court costs and attorney’s fees to the
prevailing party in an action brought pursuant to this section.

4.  The remedy provided for in this
section is the exclusive remedy for an action brought pursuant to this
section.

(Added to NRS by 1991, 942)

NRS
613.335  Unlawful employment practices: Refusal to grant leave to
pregnant employees.  If an employer grants leave with pay, leave
without pay, or leave without loss of seniority to his 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 who is pregnant. 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)

NRS
613.340  Unlawful employment practices: Discrimination for
opposing unlawful practice or assisting investigation; printing or
publication of material indicating prohibited discrimination.

1.  It is an unlawful employment
practice for an employer to discriminate against any of his employees
or applicants for employment, for an employment agency to discriminate
against any person, or for a labor organization to discriminate against
any member thereof or applicant for membership, because he has opposed
any practice made an unlawful employment practice by NRS 613.310 to 613.435,
inclusive, or because he has made a charge, testified, assisted or
participated in any manner in an investigation, proceeding or hearing
under NRS 613.310 to 613.435, inclusive.

2.  It is an unlawful employment
practice for an employer, labor organization or employment agency to
print or publish or cause to be printed or published any notice or
advertisement relating to employment by such an employer or membership
in or any classification or referral for employment by such a labor
organization, or relating to any classification or referral for
employment by such an employment agency, indicating any preference,
limitation, specification or discrimination, based on race, color,
religion, sex, sexual orientation, age, disability or national origin,
except that such a notice or advertisement may indicate a preference,
limitation, specification or discrimination based on religion, sex,
sexual orientation, age, physical, mental or visual condition or
national origin when religion, sex, sexual orientation, age, physical,
mental or visual condition or national origin is a bona fide
occupational qualification for employment.

(Added to NRS by 1965, 692; A 1967, 109; 1973, 982; 1975, 1456; 1991, 1025; 1999, 1939)

NRS
613.345  Unlawful employment practices: Requiring or encouraging
current or prospective employees and members of labor organizations to
submit to genetic test; denying or altering employment or membership in
labor organization based on genetic information.

1.  It is an unlawful employment
practice for an employer, a labor organization or an employment agency:

(a) To ask or encourage a prospective or
current employee or member of the labor organization to submit to a
genetic test.

(b) To require or administer a genetic
test to a person as a condition of employment or membership in the
labor organization.

(c) To deny employment or membership in the labor organization based on genetic information.

(d) To alter the terms, conditions or
privileges of employment or membership in the labor organization based
on genetic information.

(e) To terminate employment or
membership in the labor organization based on genetic information.

2.  As used in this section:

(a) “Genetic information” means information that is obtained from a genetic test.

(b) “Genetic test” means a test that
uses deoxyribonucleic acid extracted from the cells of a person, or a
diagnostic test that uses another substance extracted or otherwise
obtained from the body of a person, which determines the presence of an
abnormality or deficiency that:

(1) Is linked to a physical or mental disorder or impairment; or

(2) Indicates a susceptibility to an illness, a disease, an impairment
or another physical or mental disorder.

Ê The term does not include a test to determine the presence of alcohol
or a controlled substance in the system of the person tested.

(Added to NRS by 1999, 2874)

NRS 613.350  Lawful employment practices.

1.  It is not an unlawful
employment practice for an employer to hire and employ employees, for
an employment agency to classify or refer for employment any person,
for a labor organization to classify its membership or to classify or
refer for employment any person, or for an employer, labor organization
or joint labor-management committee controlling apprenticeship or other
training or retraining programs to admit or employ any person in any
such program, on the basis of his religion, sex, sexual orientation,
age, disability or national origin in those instances where religion,
sex, sexual orientation, age, physical, mental or visual condition or
national origin is a bona fide occupational qualification reasonably
necessary to the normal operation of that particular business or
enterprise.

2.  It is not an unlawful
employment practice for an employer to fail or refuse to hire and
employ employees, for an employment agency to fail to classify or refer
any person for employment, for a labor organization to fail to classify
its membership or to fail to classify or refer any person for
employment, or for an employer, labor organization or joint
labor-management committee controlling apprenticeship or other training
or retraining programs to fail to admit or employ any person in any
such program, on the basis of his disability in those instances where
physical, mental or visual condition is a bona fide and relevant
occupational qualification necessary to the normal operation of that
particular business or enterprise, if it is shown that the particular
disability would prevent proper performance of the work for which the
person with a disability would otherwise have been hired, classified,
referred or prepared under a training or retraining program.

3.  It is not an unlawful
employment practice for an employer to fail or refuse to hire or to
discharge a person, for an employment agency to fail to classify or
refer any person for employment, for a labor organization to fail to
classify its membership or to fail to classify or refer any person for
employment, or for an employer, labor organization or joint
labor-committee controlling apprenticeship or other training or
retraining programs to fail to admit or employ any person in any such
program, on the basis of his age if the person is less than 40 years of
age.

4.  It is not an unlawful
employment practice for a school, college, university or other
educational institution or institution of learning to hire and employ
employees of a particular religion if the school or institution is, in
whole or in substantial part, owned, supported, controlled or managed
by a particular religion or by a particular religious corporation,
association or society, or if the curriculum of the school or
institution is directed toward the propagation of a particular religion.

5.  It is not an unlawful
employment practice for an employer to observe the terms of any bona
fide plan for employees’ benefits, such as a retirement, pension or
insurance plan, which is not a subterfuge to evade the provisions of NRS 613.310 to 613.435,
inclusive, as they relate to discrimination against a person because of
age, except that no such plan excuses the failure to hire any person
who is at least 40 years of age.

(Added to NRS by 1965, 692; A 1967, 109; 1971, 1057; 1973, 982; 1975,
1457; 1981, 1301; 1987, 2265; 1991, 1025; 1999, 1940)

NRS 613.360  Actions permitted against member of Communist Party or related organization.  As used in NRS 613.310 to 613.435,
inclusive, the phrase “unlawful employment practice” does not include
any action or measure taken by an employer, labor organization, joint
labor-management committee or employment agency with respect to an
individual who is a member of the Communist Party of the United States
or of any other organization required to register as a Communist-action
or Communist-front organization by final order of the Subversive
Activities Control Board pursuant to the Subversive Activities Control
Act of 1950.

(Added to NRS by 1965, 693)

NRS 613.370  National security.  Notwithstanding any other provision of NRS 613.310 to 613.435,
inclusive, it is not an unlawful employment practice for an employer to
fail or refuse to hire and employ any individual for any position, for
an employer to discharge any individual from any position, or for an
employment agency to fail or refuse to refer any individual for
employment in any position, or for a labor organization to fail or
refuse to refer any individual for employment in any position, if:

1.  The occupancy of such position,
or access to the premises in or upon which any part of the duties of
such position is performed or is to be performed, is subject to any
requirement imposed in the interest of the national security of the
United States under any security program in effect pursuant to or
administered under any statute of the United States or any executive
order of the President; and

2.  Such individual has not fulfilled or has ceased to fulfill that requirement.

(Added to NRS by 1965, 693)

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, 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,
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,
age, disability or national origin.

(Added to NRS by 1965, 693; A 1967, 110; 1973, 983; 1975, 1458; 1991, 1026; 1999, 1941)

NRS
613.390  Inapplicability to employment by certain businesses on or
near Indian reservation.  Nothing contained in NRS 613.310 to 613.435,
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 he is an Indian living on or near a
reservation.

(Added to NRS by 1965, 694)

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, requires any employer, employment agency, labor organization or joint labor-management committee subject to NRS 613.310 to 613.435,
inclusive, to grant preferential treatment to any person or to any
group because of the race, color, religion, sex, sexual orientation,
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, 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, 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)

NRS
613.405  Complaints concerning unlawful employment practices filed
with Nevada Equal Rights Commission.  Any person injured by an
unlawful employment practice within the scope of NRS 613.310 to 613.435,
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, age, disability, religion or
national origin.
(Added to NRS by
1969, 725; A 1973, 984, 1498; 1975, 222, 1458; 1977, 1608; 1989, 691;
1991, 1027; 1999, 1941)

NRS
613.420  Application to district court for order to restore rights
after unfavorable decision by Nevada Equal Rights Commission.  If
the Nevada Equal Rights Commission does not conclude that an unfair
employment practice within the scope of NRS 613.310 to 613.435,
inclusive, has occurred, any person alleging such a practice may apply
to the district court for an order granting or restoring to that person
the rights to which he is entitled under those sections.

(Added to NRS by 1965, 694; A 1975, 223; 1983, 518)

NRS 613.430  Limitation on actions.  No action authorized by NRS 613.420
may be brought more than 180 days after the date of the act complained
of. When a complaint is filed with the Nevada Equal Rights Commission
the limitation provided by this section is tolled as to any action
authorized by NRS 613.420 during the pendency of the complaint before the Commission.

(Added to NRS by 1965, 694; A 1969, 726; 1975, 223; 1977, 1609; 1983, 518)

NRS 613.435  Expedited appeal for certain actions.

1.  The Supreme Court 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 Supreme
Court 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 Supreme Court
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)

USE OF LIE DETECTORS

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)

NRS 613.450  Provisions inapplicable to State and its political subdivisions.  The provisions of NRS 613.440 to 613.510, inclusive, do not apply to this state or any political subdivision of this state.

(Added to NRS by 1989, 724)

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)

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)

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 rights, or has
exercised on behalf of another person the rights afforded him pursuant
to NRS 613.440 to 613.510, inclusive.

(Added to NRS by 1989, 723)

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.

Ê 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)

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)

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,

Ê 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)

Share and Enjoy:
  • services sprite Nevada Employment Practices Act2.
  • services sprite Nevada Employment Practices Act2.
  • services sprite Nevada Employment Practices Act2.
  • services sprite Nevada Employment Practices Act2.
  • services sprite Nevada Employment Practices Act2.
  • services sprite Nevada Employment Practices Act2.
  • services sprite Nevada Employment Practices Act2.
  • services sprite Nevada Employment Practices Act2.
  • services sprite Nevada Employment Practices Act2.
  • services sprite Nevada Employment Practices Act2.
  • services sprite Nevada Employment Practices Act2.
  • services sprite Nevada Employment Practices Act2.
  • services sprite Nevada Employment Practices Act2.