Nevada Labor Law Board

August 2nd, 2006 Posted by Kimberly

The Nevada Labor Law Board is a crucial part of the work force as well as the laws concerning it. This board provides for many types of laws, enforcement and just plain old information about our state. If you are interested in learning about the state’s economy, this is the place to visit. If you are curious about what you need to do to file for unemployment, this is the Board that you will want to contact. There are many reasons why you should keep the Department of Labor at the back of your mind. Simply, it governs just about every aspect of the work place as we know it.

It is also a wonderful place to find out interesting as well as useful information. For example, you may want to know which careers are the most essential in the state and are the most in demand right now. That is from a business standpoint in the need for individuals to provide for these openings. The most jobs out there that are available for the taking in the state of Nevada include retail salespeople, waiters and waitresses, cashiers, housing keeping and cleaning staff, as well as gaming dealers. Other careers that are in demand for help right now include registered nursing, carpenters, as well as labor workers and material movers.

So, what does all of this mean? It does not really tell you anything besides how much work is available for those that need it. As for the economy question, in Nevada, the Nevada Labor Law Board tells us that unemployment is at 4.2 percent which is about half of a percent lower that than of the national average. This is a true sign that the economy in Nevada is doing well, above average. In addition, we can see by looking at the information provided that this state is one of a service nature. Of course, most of us knew that already.

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Posted in Compliance Issues, Department of Labor, Nevada

  1. Posted by: craig duerson

    hello, i was wondering how do i go about talking with someone about a wrongful termation case and if there is a consultation fee? thanks craig

  2. Posted by: Amelia

    Hi Craig! Our suggestion would be to get a referral from the National Employment Lawyers Association. For more ideas, post your question on our HR forum at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~Amelia

  3. Posted by: Joseph Mitaly

    Is this clause legal in my employment agreement?

    “Employee may not own, become employed by, provide consulting services to, or otherwise engage in directly or indirectly, or perform services for any business that both (a) is engaged or planning to be engaged in the same or a substantially similar business to the Company Business, and (b) solicits or accepts business from a Company Client”.

  4. Posted by: Amelia

    Hi Joseph! This clause may very well be lawful in Nevada, if you signed the employment agreement. The employer doesn’t want you to work for them if you are operating a competing business of your own, or soliciting their customers for your own business. For example, they would not want to employ you as an exterminator if you were operating your own pest control business at the same time. Nor would they want to employ you, if you were trying to sell your pest control services to their clients. Nor do they want to employ you if you are also working for a competing pest control service. There is nothing unusual or unethical about this clause and it would be lawful in most states. It doesn’t limit your employment opportunities after you leave this employer, as many non-compete clauses do. It simply says, “if you become one of our competitors, we are going to fire you.” That is entirely reasonable.
    Although the clause says “employee may not…” what it really means is “if you do this, we can and will fire you.” The employer would be well within their rights to terminate you if you violated this clause. Of course you are free to pursue any business opportunities you like…but the employer is also free to terminate you if they find a conflict of interest. HTH, and thanks for reading the blogs!~ Amelia

  5. Posted by: Joseph

    Amelia,

    Thank you for the reply and forgive me for failing to mention that the clause I wrote about above speaks to a period of 18 months after your employment ends. I certainly understand the reasonable conditions while you are currently employed by the company. After temination for whatever reason I believe you still have a right to make a living in the same occupation you previously had ….. After speaking with an attorney I think the key word in the agreement above is “and”

    I might also add that we are required to sign this new non-compete without any consideration or be terminated.

  6. Posted by: Amelia

    Hi Joseph! This just underscores the difficulty of us trying to give advice based on incomplete information. If your attorney has already given you advice on this matter, then you need to follow the attorney’s advice. Yes, the fact that you are agreeing not to engage in this activity for 18 months after your employment ends may make it problematic in many states. However, also be aware that you may have to take the employer to court to break the non-compete agreement — leaving you stuck with expensive legal fees. HTH, and thanks for reading the blogs!~ Amelia

  7. Posted by: Joseph

    Amelia,

    My attorney is actually a friend and he is not giving his opinion “officially” Even attorney friends are careful not to put anything in writing. My thoughts are simply that’s it unfair, unethical and perhaps even illegal. I’m not sure I will risk my job by not signing the agreement but if they offer termination as an alternative maybe this is somewhere I’d rather not work anyway :-)

    Thanks again for your response and my apologys for the imcompleteness of my first post.

  8. Posted by: Amelia

    Hi Joseph! No problem! Even though your friend is not putting his opinion in writing, there is a good chance he is correct. If you are terminated for refusing to sign this agreement, there is a good chance that you will qualify for unemployment (assuming that you are otherwise qualified, of course.) It is also possible that the employer is bluffing, and if you just struck out the part that references 18 months after you leave, they would accept it. Or you could simply tell them, “on the advice of my attorney, I refuse to sign this agreement” or “My attorney says this agreement is not lawful.” If they are bluffing, either one of those statements will call their bluff. HTH, and thanks for reading!~ Amelia

  9. Posted by: Joseph

    Is it lawful for a company to deduct pay from a salaried employee for time taken off due to illness on thier final pay check?

  10. Posted by: Amelia

    Hi Joseph! Yes. Under federal law, an exempt employees paycheck can be prorated based on the number of days worked (not the number of hours worked) during the first and last weeks of employment. Suppose Tim normally works 5 days per week. During his last week of employment, he works only 2 days. Tim must be paid 2/5 of his usual weekly salary for the last week. This is true whether Tim missed the time due to illness, or for another reason. Different rules would apply if this were not the employee’s final week of work. HTH, and thanks for reading the blogs!~ Amelia

  11. Posted by: Joseph

    Thank you Amelia, the time taken off for illness was not during the first or last week of employment. Can the company still deduct the time taken off?

    The way it works with the company I’m referring to is that you “earn” 3+ hours of sick time per Month and if you use more than your allotment you fall into a negative category. I had the swine flu last Month and was out for a whole week and my paystub shows a negative balance of 37 hours.

    Can that time be deducted from my final paycheck if I was terminated or decided to quit?

    Thanks!

  12. Posted by: Amelia

    Hi Joseph! Yes, this time can be deducted from your final paycheck if you are terminated or quit.
    When an employer pays an employee for unearned sick or vacation time, creating a negative balance, the employer is in effect giving the employee an advance on his or her wages. During the week you were sick, you missed 37 hours. But, the employer gave you a payroll advance equal to 37 hours pay. When you leave, if your sick time balance is still negative, the employer can deduct the advance from your final paycheck.
    Suppose in your final week you work 40 hours. The employer has already paid you for 37 hours, so you would be entitled to payment for 3 hours.
    Treating a negative sick leave balance as a payroll advance, is lawful in Nevada, and most other states. HTH, and thanks for reading the blogs!~ Amelia

  13. Posted by: steve

    is a non compete agreement legal in the state of nevada. i just quit working for a commercial laundry repair company after 1 year. i have been in the industry for 20 years can this prevent me from providing for my family. i quit because i was asked to put on parts that were not needed. also isn’t it a customers right to have whomever they choose repair thier equipment?

  14. Posted by: Amelia

    Hi steve! As much as we would like to help, every non-compete agreement is different. A non-compete agreement is a contract, signed by you and the employer. We really cannot tell if yours is valid or not, because we haven’t read it.
    The courts are increasingly rejecting noncompete agreements that a) are for more than 6 months b) cover a wide geographical area c) don’t offer the employee any compensation during that period and d) make it difficult for the employee to support his family. However, you never really know what the courts will do — especially in Nevada.
    We will say that asking you to install unnecessary parts is unethical. And in many cases, an employee who quits or is fired beause the employer has asked him to do something illegal or unethical, is no longer bound by the non-compete agreement. So you have a pretty good case.
    BTW, because you quit or were terminated when you refused to engage in unethical acts, you are eligible for unemployment benefits. You had *good cause* to quit, as the saying goes. Apply for unemployment beneifts, and if they are denied, appeal that decision.
    “Isn’t it the customer’s right to have whomever they choose repair their equipment?” No, it is not. The customer might want Charles Manson to repair their commercial washing machine — but that would not be lawful, because Manson is in jail. Lots of people want things that they cannot legally have, so in this case “the customer is always right” doesn’t apply. If a customer hired you, the customer would not be breaking the law — but you might be.
    Our best advice is for you to consult an attorney with experience in this area. (If you cannot afford an attorney, contact the Legal Aid Society in your area.) And stop signing non-compete agreements! HTH, and thanks for reading the blogs!~Amelia

  15. Posted by: Joe

    Are non compete clauses generally unenforcable after a year in Nevada?

  16. Posted by: Amelia

    Hi Joe! Many non-compete agreements are unenforcable after a year, but there is no way for us to know for sure if yours is. Here’s the thing: a non-compete clause is literally a contract. Every non-compete agreement is different depending upon how it is worded. Many are not enforcable, especially if the employee is not being paid. Others are enforcable (especially in certain industries like on-air talent in television) as long as the employee is being paid at least 50% salary. So your best bet is to seek legal representation, or just get a competing job and take your chances. HTH, and thanks for reading the blogs!~ Amelia

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