2022 Nevada Revised Statutes
Chapter 613 - Employment Practices
NRS 613.846 - Enforcement through Labor Commissioner or civil action; requirements; rebuttable presumption of violation by employer; awards; penalties; no criminal penalties for violation. [Effective through the later of the date on which the Governor terminates the emergency described in the Declaration of Emergency for COVID-19 issued on March 12, 2020, or August 31, 2022.]
1. The provisions of NRS 613.800 to 613.854, inclusive, may be enforced by an aggrieved employee through the Labor Commissioner or in a civil action in any court of competent jurisdiction.
2. An aggrieved employee may file a complaint with the Labor Commissioner or file a civil action in any court of competent jurisdiction alleging a violation of the provisions of NRS 613.800 to 613.854, inclusive, only after the following requirements are met:
(a) The employee provides the employer with written notice, including, without limitation, by electronic mail, of the alleged violation and any facts known by the employee to support the allegation of the violation; and
(b) The employer is afforded 15 days after the date of receipt of the written notice to cure any alleged violation.
3. There is a rebuttable presumption that an employer’s action is taken in violation of NRS 613.844 if it is established that:
(a) A laid-off employee exercised rights pursuant to the provisions of NRS 613.800 to 613.854, inclusive, or alleged in good faith that the employer was not complying with the provisions of NRS 613.800 to 613.854, inclusive;
(b) The employer thereafter terminated, demoted or otherwise took adverse action against the employee; and
(c) The employer took the action described in paragraph (b) against the employee not later than 60 days after the employee exercised rights or made an allegation described in paragraph (a).
4. An employer may rebut a presumption created pursuant to subsection 3 by proving that the true and entire reason for the action taken pursuant to paragraph (b) of subsection 3 was a legitimate business reason. The plaintiff in the action may rebut the legitimate business reason asserted by the employer by showing that the reason was, in fact, a pretext.
5. An employee or employees who establish a violation of NRS 613.800 to 613.854, inclusive, may be awarded any or all of the following, as appropriate:
(a) Rights of hiring and reinstatement.
(b) Future and back pay for each day during which the violation continues, which shall be calculated at a rate of compensation not less than the greatest of any of the following rates:
(1) The average regular rate of pay received by the laid-off employee during the last 3 years of that employee’s employment in the same job classification.
(2) The most recent regular rate of pay received by the laid-off employee while employed by the employer.
(3) The regular rate of pay received by an employee occupying the job position in place of the laid-off employee who should have been employed in that position.
(4) The value of the benefits which the laid-off employee would have received under the benefit plan provided by the employer.
6. Any employer, agent of the employer or other person who violates or causes to be violated any provision of NRS 613.800 to 613.854, inclusive, shall be subject to:
(a) A civil penalty of $100 for each employee whose rights under the provisions of NRS 613.800 to 613.854, inclusive, are violated; and
(b) The imposition of an additional sum payable to each employee as compensatory and liquidated damages in the amount of $500 for each day the rights provided to that employee pursuant to NRS 613.800 to 613.854, inclusive, are violated. Such damages shall be continuing until such time as the violation is cured.
7. The Labor Commissioner or the court may also award attorney’s fees to a prevailing plaintiff in an action filed pursuant to this section.
8. No criminal penalties may be imposed for a violation of NRS 613.800 to 613.854, inclusive.
(Added to NRS by 2021, 3590)
