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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.
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.