labor lawAdivision of labor law center

HR professionals or owners are faced with my conflicting HR questions or situations everyday and how to solve the issues can vary depending on who you ask.  Many business owners or HR professionals often ponder the same question, “Is there an agency or source where I can go to get guidance or assistance on these HR issues?”.  Well now there is a solution!  www.HumanResourceBlog.com is now available for any HR professional to come and share their thoughts, questions, or issues and to openly discuss the situation or issue at hand.  Where else would you be able to go to find a community or center that has professionals sharing your same common problems and also having suggestions for you to possibly consider.  Like they say, two brains is better than one.  In this particular case, it’s two professionals better than one! 

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The same rules apply in Nevada that we just discussed in Nevada, for the most part. When it comes to which employers must report their new hires, any employer who hires somebody and then uses a W-4 form to report them to the Internal Revenue Service, then you have to also report them to the state of Nevada as a new employee.

The department in Nevada that is responsible for administering and monitoring employer compliance with this labor law is the Department of Employment, Training, and Rehabilitation, which is different than some other states that we have seen, where the responsibility can fall upon the Treasury Department or the Department of child Welfare.

But as with the other states, much of the same employee information is required in the report. We’re talking about the employee’s name, their social security number, their address, as well as their date of hire, birth date, and their state of hire. Those last three data points are not mandatory in the state of Nevada, but they are recommended because they make the Department of Employment, Training, and Rehabilitation’s job a lot easier.

Also, the state of Nevada will require from you the employer your name of your company, your company’s address, and the federal identification number of your company.

All of that information I would hope is readily available to you through your human resource department, or off the top of your head. As for the employee info that you have to report, you can find most of it on the forms that the employee fills out when they apply for your job or during their orientation, such as the employee application, the payroll deduction forms, their reference check agreement forms, and their resume, among many of the other forms that you could probably find in their employee file.

Calling on the Nevada (NV) Department of Human Resources can be a good thing to do in a number of cases. Although most of us do not realize it nor do we think about it, this department of our state government does quite a bit for us in our everyday life. For those that are not sure about their very existence, the department is also known as the Department of Labor within the state. Nevertheless, this department plays a large role even if we do not realize it simply because of the various things that it does having to do with the work place and work force.

The most common reason that people search out the help needed from the Nevada Department of Human Resource is due to unemployment. We often find ourselves in need of insurance as well as financial need during this time of unemployment and that is one thing that this department can provide. Yet, there is more to it than just that. For example, the department also has the ability to provide training and job placement help to those that qualify as well. Job Training, Dislocated Workers Funds and other such programs all provide skill training and career development help for each of us living in the state. There are plenty of reasons to call on this department besides just for unemployment, though.

Those that own a business will need to work with the Nevada Department of Human Resources to learn about the minimum wage laws, the child work force laws and even about how to provide a safe and fair work place for the employee. In addition, there are laws set in place by this department and enforced by it that employers must follow or face consequences. In that, it is necessary to call on the department to insure you know what must be done for the business’s well being.

I am sure most people are familiar with lie detector tests. A lie detector in the state of Nevada is defined as polygraphs as well as voice stress analyzers and psychological stress evaluators. They can be electrical or mechanical, and they’re designed to determine the honesty or dishonesty of an individual.

Nationally, employees are protected by the 1988 Employee Polygraph Protection Act. This Act applies to most private employers. It prevents them from using lie detector tests for pre-employment screening or during the course of employment. It limits the employers’ use of the results and also disclosure of the results.

I noticed that in the state of Nevada, an employer may request that an employee or prospective employee take a polygraph examination as part of an investigation of wrongdoing, like theft or embezzlement, affecting the employer’s business if that wrongdoing appears to involve the employee.

The employer may also request a polygraph examination from prospective employees who would be employed to protect sensitive or valuable property or facilities.  The use of a polygraph examination is also permitted to employers in businesses that handle controlled substances.

However, the law states that an employer cannot take any adverse action against any employee or prospective employee based on the results of the lie detector test, or because of their refusal to take any lie detector test.

It is my understanding that employers who violate the law regarding lie detector tests will be subject to civil liability in court, and possibly stiff fines imposed by the Nevada Labor Commissioner.

A poster describing the limitation affecting the use of lie detector test is required to be placed in a prominent location at any place of business. This is just one of several labor law posters that are required to be posted.