2005 Nevada Revised Statutes - Chapter 613 — Employment Practices

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 falserepresentations; penalty; damages.

NRS 613.020 Fraudulentrepresentations by employment agent or broker: Penalty.

NRS 613.030 Falserepresentations or pretenses concerning employers ability to pay wages:Penalty.

POLITICAL AFFILIATIONS

NRS 613.040 Ruleor regulation preventing political activity unlawful.

NRS 613.050 Penalty;duty of Attorney General.

NRS 613.060 Responsibilityfor acts of manager, officers and agents.

NRS 613.070 Recoveryof damages by employee.

RECORDS REGARDING EMPLOYEES

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

MISCELLANEOUS PROVISIONS

NRS 613.080 Involuntaryservitude prohibited; wages; penalty.

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

NRS 613.100 Endangeringlife or property by breaking employment contract: Penalty.

NRS 613.110 Graftingby employee: Penalty.

NRS 613.120 Unlawfulto demand or receive fee or commission as condition to giving or continuingemployment to workman; penalty.

NRS 613.125 Effectof employers failure to make agreed payments to health or welfare fund;penalty.

NRS 613.130 Unlawfulagreements concerning membership in labor organizations as condition ofobtaining or continuing employment; penalty.

NRS 613.140 Employercompelling or inducing employee to trade at particular store or board atparticular boardinghouse: Penalty.

NRS 613.150 Transportationcompany compelling purchase of uniform from particular person or employer ascondition of continuing employment unlawful; penalty.

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

NRS 613.170 Timechecks: Discounts and deductions unlawful.

NRS 613.180 Hospitalfees: Unlawful collection from employee.

NRS 613.190 Corruptinfluencing of employee unlawful.

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

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

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

NRS 613.225 LaborCommissioner to adopt regulations to establish certain procedures required by42 U.S.C. 607(f).

RIGHT TO WORK

NRS 613.230 Labororganization defined.

NRS 613.250 Agreementsprohibiting employment because of nonmembership in labor organizationprohibited.

NRS 613.260 Certaincontracts declared illegal and void.

NRS 613.270 Compellingperson to join labor organization or to strike against his will or to leave hisemployment prohibited.

NRS 613.280 Conspiracy.

NRS 613.290 Liabilityfor damages.

NRS 613.300 Injunctiverelief.

EQUAL OPPORTUNITIES FOR EMPLOYMENT

NRS 613.310 Definitions.

NRS 613.320 Applicability.

NRS 613.325 Authorityof Nevada Equal Rights Commission to adopt regulations relating to federalstatutes.

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

NRS 613.333 Unlawfulemployment practices: Discrimination for lawful use of any product outsidepremises of employer which does not adversely affect job performance or safetyof other employees.

NRS 613.335 Unlawfulemployment practices: Refusal to grant leave to pregnant employees.

NRS 613.340 Unlawfulemployment practices: Discrimination for opposing unlawful practice orassisting investigation; printing or publication of material indicatingprohibited discrimination.

NRS 613.345 Unlawfulemployment practices: Requiring or encouraging current or prospective employeesand members of labor organizations to submit to genetic test; denying oraltering employment or membership in labor organization based on geneticinformation.

NRS 613.350 Lawfulemployment practices.

NRS 613.360 Actionspermitted against member of Communist Party or related organization.

NRS 613.370 Nationalsecurity.

NRS 613.380 Considerationof seniority, quantity or quality of production and other tests of abilitypermitted.

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

NRS 613.400 Preferentialtreatment of certain persons on account of imbalance in existing number orpercentage of those persons employed not required.

NRS 613.405 Complaintsconcerning unlawful employment practices filed with Nevada Equal RightsCommission.

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

NRS 613.430 Limitationon actions.

NRS 613.435 Expeditedappeal for certain actions.

USE OF LIE DETECTORS

NRS 613.440 Definitions.

NRS 613.450 Provisionsinapplicable to State and its political subdivisions.

NRS 613.460 Adoptionof regulations; notice of statutory provisions.

NRS 613.470 Waiverof rights and procedures void; exception.

NRS 613.480 Unlawfulacts of employer.

NRS 613.490 Liabilityof employer to employee; attorneys fees and costs.

NRS 613.500 Administrativepenalties; penalties are cumulative; injunctive relief.

NRS 613.510 Exemptionsfrom provisions.

_________

SOLICITATION OF EMPLOYEES BY MISREPRESENTATION

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

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

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

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

(c) The sanitary or other conditions of theiremployment; or

(d) The existence or nonexistence of a strike or othertrouble pending between the employer and employees at the time of or prior tosuch 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 wellas his, their or its agents, attorneys, servants or associates, violating anyof the provisions of subsection 1 is guilty of a gross misdemeanor.

3. Any workman of this state or any workman of anotherstate who has been or shall be influenced, induced or persuaded to engage withany person mentioned in subsection 1, or any company, corporation, society ororganization mentioned in subsection 1, through or by means of any of thethings therein prohibited, shall have a cause of action for recovery and mayrecover at law for all damages that he shall have sustained in consequence ofthe false or deceptive representations, false advertising or false pretensesused to induce him to change his place of employment, or place of abode in casesuch workman shall not be then employed at the time of such inducement andhiring, against any person or persons, corporations, companies or associationsdirectly or indirectly causing such damages. In any action under this sectionfor the recovery of such damages, the court shall have the power to award areasonable attorneys fee in favor of the prevailing party, which fee shall betaxed 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 Fraudulentrepresentations by employment agent or broker: Penalty. Every employment agent or broker who, with intent toinfluence the action of any person thereby, shall misstate or misrepresent verballyor in any writing or advertisement any material matter relating to the demandfor 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 amisdemeanor.

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

NRS 613.030 Falserepresentations or pretenses concerning employers ability to pay wages:Penalty. Any person, persons, partnership,association, company or corporation, or his or its officers, directors oragents, who or which shall employ for wages any person or persons in anyoccupation, and who or which at the time of employing such person or personsshall make any false representation or pretenses as to having sufficient fundsto pay such wages, and who after labor has been done under such employment bythe employee or employees shall fail upon the discharge or resignation of suchemployee or employees, for a period of 5 days after such wages are legallypayable, to pay the employee or employees on demand the wages due the employeeor employees for such labor, shall be guilty of a misdemeanor.

[1:276:1913; 1919 RL p. 3390; NCL 10601](NRS A1967, 632)

POLITICAL AFFILIATIONS

NRS 613.040 Ruleor regulation preventing political activity unlawful. Itshall be unlawful for any person, firm or corporation doing business oremploying labor in the State of Nevada to make any rule or regulationprohibiting or preventing any employee from engaging in politics or becoming acandidate 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 ofviolating the provisions of NRS 613.040to 613.070, inclusive, shall be punishedby a fine of not more than $5,000.

2. The penalty must be recovered in a suit brought forthat purpose by the Attorney General in the name of and for the benefit of theState of Nevada, but the prosecution must not be commenced later than 3 monthsafter 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 attorneys fees,may be recovered by the Attorney General.

[Part 2:62:1915; 1919 RL p. 3391; NCL 10603](NRS A1967, 632; 1993, 900)

NRS 613.060 Responsibilityfor acts of manager, officers and agents. Inall prosecutions under NRS 613.040 to 613.070, inclusive, the person, firm orcorporation violating the provisions of NRS613.040 to 613.070, inclusive, shallbe held responsible for the acts of his or its managers, officers, agents andemployees.

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

NRS 613.070 Recoveryof damages by employee. Nothing contained in NRS 613.040 to 613.060, inclusive, shall be construed toprevent the injured employee from recovering damages from his employer forinjury suffered through a violation of NRS613.040 to 613.060, inclusive.

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

RECORDS REGARDING EMPLOYEES

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

1. Any person or governmental entity who employs andhas under his direction and control any person for wages or under a contract ofhire, or any labor organization referring a person to an employer foremployment, shall, upon the request of that employee or person referred:

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

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

(2) By the labor organization with respect tothat persons position on its list concerning past, present and futurereferrals for employment; and

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

The recordsto be made available do not include confidential reports from previousemployers or investigative agencies, other confidential investigative files concerningthe 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 anemployee or person referred to submit a reasonable written explanation indirect response to any written entry in the records of employment regarding theemployee or person. Any such written explanation must be reasonable in length,in a format prescribed by the employer and maintained by the employer or labororganization in the records of employment.

3. An employer or labor organization shall notmaintain a secret record of employment regarding an employee or personreferred.

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

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

6. The employee or person referred shall, if hecontends that any information contained in the records is inaccurate orincomplete, notify his employer or the labor organization in writing of hiscontention. If the employer or labor organization finds that the contention ofthat employee or person is correct, it shall change the informationaccordingly.

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

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

MISCELLANEOUS PROVISIONS

NRS 613.080 Involuntaryservitude prohibited; wages; penalty.

1. The immigration to this State of all slaves andother people bound by contract to involuntary servitude for a term of years ishereby prohibited.

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

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

4. Unless a greater penalty is provided in NRS 200.463 or 200.464, a violation of any of theprovisions 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)

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

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

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

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

NRS 613.110 Graftingby employee: Penalty. Every agent, employee orservant of any person or corporation who shall ask or receive, directly orindirectly, any compensation, gratuity or reward, or any promise thereof, uponany agreement or understanding that he shall act in any particular manner inconnection with his principals, employers or masters business, or who, beingauthorized to purchase or contract for materials, supplies or other articles orto employ servants or labor for his principal, employer or master, shall ask orreceive, directly or indirectly, for himself or another, a commission,percentage, discount, bonus or promise thereof from any person with whom he maydeal in relation to such matters, shall be guilty of a gross misdemeanor.

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

NRS 613.120 Unlawfulto demand or receive fee or commission as condition to giving or continuingemployment to workman; penalty.

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

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 hisprincipal, or under whose direction or control such workmen and laborers areengaged in work and labor for such principal, who shall demand or receive,either directly or indirectly, any fee, commission or gratuity of any kind ornature from any workman or laborer employed by him or through his agency orworked under his direction and control, either as the price and condition ofthe employment of such workman or laborer or as the price and condition of thecontinuance of such workman or laborer in such employment, shall be guilty of amisdemeanor.

[1:51:1915; 1919 RL p. 3392; NCL 10605](NRS A1967, 632)

NRS 613.125 Effectof employers failure to make agreed payments to health or welfare fund;penalty.

1. Whenever an employer has agreed with any employeeto make payments to a health or welfare fund or other such plan for the benefitof the employees, or has entered into a collective bargaining agreementproviding for such payments, it shall be unlawful for such employer willfullyor with intent to defraud to fail to make the payments required by the terms ofany such agreement.

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

(Added to NRS by 1957, 174)

NRS 613.130 Unlawfulagreements concerning membership in labor organizations as condition ofobtaining or continuing employment; penalty.

1. As used in this section, labor organization meansany organization of any kind, or any agency or employee representationcommittee or plan, in which employees participate and which exists for thepurpose, in whole or in part, of dealing with employers concerning grievances,labor disputes, wages, rates of pay, hours of employment, or conditions ofwork.

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

3. Any person or persons, firm or firms, corporationor corporations violating the provisions of this section shall be guilty of amisdemeanor.

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

NRS 613.140 Employercompelling or inducing employee to trade at particular store or board atparticular boardinghouse: Penalty. Any personor persons, employer, company, corporation or association, or the managingagent 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 anyparticular store or board at any particular boardinghouse in this state shallbe guilty of a misdemeanor.

[1911 C&P 526; RL 6791; NCL 10472](NRS A1967, 633)

NRS 613.150 Transportationcompany compelling purchase of uniform from particular person or employer ascondition of continuing employment unlawful; penalty.

1. It shall be unlawful for any transportation companydoing business in the State of Nevada, or any officer, agent or servant of suchtransportation company, to require any employee as a condition of his continuedemployment, or otherwise to require or compel or attempt to require or compelany such employee, to purchase of any such transportation company or of anyparticular person, firm or corporation, or at any particular place or places,any uniform or other clothing or apparel required by any such transportationcompany 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, whoshall order or require any person in its employ to purchase any uniform orother clothing or apparel as aforesaid shall be deemed to have required suchpurchase as a condition of such employees continued employment.

2. Any transportation company doing business in theState of Nevada, or any officer, agent or servant thereof, violating any of theprovisions 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 orcorporation, or agent, superintendent or manager thereof, employing any specialagent, detective or person commonly known as a spotter for the purpose ofinvestigating, obtaining and reporting to the employer or his agent,superintendent or manager information concerning his employees, to disciplineor discharge any employee in his service, where the act of discipline or thedischarge is based upon a report by a special agent, detective or spotter whichinvolves 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 ahearing to the employee thus accused, when requested by the employee, at whichhearing the accused employee must have the opportunity to confront the personmaking the report and must have the right to furnish testimony in his defense.

2. Any person, corporation, firm, association oremployer who violates any provision of this section is liable to the State ofNevada for a penalty of $5,000 for each offense. The penalty must be recoveredand the suit must be brought in the name of the State of Nevada in a court ofproper jurisdiction by the Attorney General, or under his direction by thedistrict 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 attorneys 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 Timechecks: Discounts and deductions unlawful.

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

2. Any employer of labor, or his agent orrepresentative, violating the provisions of subsection 1 shall be guilty of amisdemeanor.

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

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

NRS 613.180 Hospitalfees: Unlawful collection from employee.

1. For the purpose of this section:

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

(b) Town or place shall be construed to mean anytown, headquarters or place, at which town, headquarters or place, andtributary places, sufficient hospital fees are collected to maintain a hospitalin keeping with the hospital fees collected.

2. It is unlawful for any person or persons,contractor or contractors, firm, company, corporation or association, or themanaging 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 forhospital fees from any person or laborer at any place in this state where noconvenient, comfortable and well-equipped hospital is maintained at some townor place for the accommodation, relief and treatment of persons in his or theiremploy, and from whom hospital fees are collected; provided:

(a) That any person or persons, contractor orcontractors, firm, company, corporation or association, or the managing agentof the same, may care for or cause to be cared for any person in his or theiremploy, from whom hospital fees are collected, at any private or publichospital, sanitarium or other convenient and comfortable place, without expenseto the person or patient from whom hospital fees are collected; and

(b) That the distance and facilities for the comfortand conveyance of any patient come within the intent and meaning of subsection1.

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

4. Any person or persons violating the provisions ofthis 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 Corruptinfluencing of employee unlawful. Every personwho shall give, offer or promise, directly or indirectly, any compensation,gratuity or reward to any agent, employee or servant of any person orcorporation, with intent to influence his action in relation to hisprincipals, employers or masters business, shall be guilty of a grossmisdemeanor.

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

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

1. Except as otherwise provided in this section, anyperson, association, company or corporation within this State, or any agent orofficer on behalf of the person, association, company or corporation, whowillfully does anything intended to prevent any person who for any cause leftor was discharged from his or its employ from obtaining employment elsewhere inthis State is guilty of a gross misdemeanor and shall be punished by a fine ofnot more than $5,000.

2. In additionto any other remedy or penalty, the Labor Commissioner may impose against eachculpable party an administrative penalty of not more than $5,000 for each suchviolation.

3. If a fine or an administrative penalty is imposedpursuant to this section, the costs of the proceeding, including investigativecosts and attorneys fees, may be recovered by the Labor Commissioner.

4. The provisions of this section do not prohibit aperson, 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 orbecoming employed by a competitor of the person, association, company orcorporation; or

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

if theagreement is supported by valuable consideration and is otherwise reasonable inits scope and duration.

[1911 C&P 514; RL 6779; NCL 10461](NRS A1967, 635; 1993, 901; 1995, 1039; 2003, 797)

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

1. As used in this section, employee means everyperson who has entered upon service or employment of an employer, and theemployment shall be deemed to commence from the date of the entry orperformance of any service. Any contract of employment, rule, regulation ordevice to the contrary is void.

2. A person shall not blacklist or cause to beblacklisted or publish the name of or cause to be published the name of anyemployee, mechanic or laborer discharged by that person with the intent toprevent that employee, mechanic or laborer from engaging in or securing similaror other employment from any other person.

3. If any officer or agent of any person blacklists orcauses to be blacklisted or publishes the name of or causes to be published thename of any employee, mechanic or laborer discharged by that person with theintent to prevent that employee, mechanic or laborer from engaging in orsecuring similar or other employment from any other person in any mannerconspires or contrives, by correspondence or otherwise, to prevent thatdischarged employee from procuring employment, he is guilty of a misdemeanor.

4. Subsections 2 and 3 do not prohibit any person fromgiving in writing, at the time the employee leaves or is discharged from theservice of the employer, a truthful statement of the reason for such leaving ofthe service or discharge of that employee, nor do subsections 2 and 3 preventany employer from giving any employee or former employee any statement withreference to any meritorious services which the employee may have rendered tothat employer. The employer shall supply statements as provided in thissubsection upon demand from the employee, but no such statement is requiredunless 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] + [1911C&P 516; RL 6781; NCL 10463] + [1911 C&P 517; A 1915, 275; 1919RL 6782; NCL 10464](NRS A 1967, 635; 1987, 1312)

NRS 613.220 Assemblingand cooperation of employees to secure increases in wages unrestricted. No part of this chapter shall be construed to restrict orprohibit the orderly and peaceable assembling or cooperation of personsemployed in any profession, trade or handicraft for the purpose of securing anadvance in the rate of wages or compensation, or for the maintenance of suchrate.

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

NRS 613.225 LaborCommissioner to adopt regulations to establish certain procedures required by42 U.S.C. 607(f). The Labor Commissionershall adopt regulations to establish the procedures required pursuant to 42U.S.C. 607(f).

(Added to NRS by 1997, 2346)

RIGHT TO WORK

NRS 613.230 Labororganization defined. As used in NRS 613.230 to 613.300, inclusive, the term labororganization means any organization of any kind, or any agency or employeerepresentation committee or plan, in which employees participate and whichexists for the purpose, in whole or in part, of dealing with employersconcerning grievances, labor disputes, wages, rates of pay, hours ofemployment, or other conditions of employment.

[1:1:1953]

NRS 613.250 Agreementsprohibiting employment because of nonmembership in labor organizationprohibited. No person shall be denied theopportunity to obtain or retain employment because of nonmembership in a labororganization, nor shall the State, or any subdivision thereof or anycorporation, individual or association of any kind enter into any agreement,written or oral, which excludes any person from employment or continuation ofemployment because of nonmembership in a labor organization.

[2:1:1953]

NRS 613.260 Certaincontracts declared illegal and void. Any actor any provision in any agreement which is in violation of NRS 613.230 to 613.300, inclusive, shall be illegal andvoid. Any strike or picketing to force or induce any employer to make anagreement in writing or orally in violation of NRS 613.230 to 613.300, inclusive, shall be for an illegalpurpose.

[3:1:1953]

NRS 613.270 Compellingperson to join labor organization or to strike against his will or to leave hisemployment prohibited. It shall be unlawfulfor any employee, labor organization, or officer, agent or member thereof tocompel or attempt to compel any person to join any labor organization or tostrike against his will or to leave his employment by any threatened or actualinterference with his person, immediate family or property.

[4:1:1953]

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

[5:1:1953]

NRS 613.290 Liabilityfor damages. Any person who violates any provisionof NRS 613.230 to 613.300, inclusive, or who enters into anyagreement containing a provision declared illegal by NRS 613.230 to 613.300, inclusive, or who shall bringabout the discharge or the denial of employment of any person because ofnonmembership in a labor organization shall be liable to the person injured asa result of such act or provision and may be sued therefor, and in any suchaction any labor organization, subdivision or local thereof shall be held to bebound by the acts of its duly authorized agents acting within the scope oftheir authority and may sue or be sued in its common name.

[6:1:1953]

NRS 613.300 Injunctiverelief. Any person injured or threatened withinjury by an act declared illegal by NRS613.230 to 613.300, inclusive,shall, notwithstanding any other provision of the law to the contrary, beentitled 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 contextotherwise requires:

1. Disabilitymeans, with respect to a person:

(a) A physicalor mental impairment that substantially limits one or more of the major lifeactivities of the person;

(b) A record ofsuch an impairment; or

(c) Beingregarded as having such an impairment.

2. Employermeans any person who has 15 or more employees for each working day in each of20 or more calendar weeks in the current or preceding calendar year, but doesnot include:

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

(b) Any Indiantribe.

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

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

4. Labororganization means any organization of any kind, or any agency or employeerepresentation committee or plan, in which employees participate and whichexists for the purpose, in whole or in part, of dealing with employers concerninggrievances, labor disputes, wages, rates of pay, hours of employment or otherconditions of employment.

5. Personincludes the State of Nevada and any of its political subdivisions.

6. Sexual orientation means having or beingperceived as having an orientation for heterosexuality, homosexuality orbisexuality.

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

NRS 613.320 Applicability.

1. The provisions of NRS613.310 to 613.435, inclusive, donot apply to:

(a) Any employer with respect to employment outsidethis state.

(b) Anyreligious corporation, association or society with respect to the employment ofindividuals of a particular religion to perform work connected with the carryingon of its religious activities.

2. The provisions of NRS613.310 to 613.435, inclusive,concerning unlawful employment practices related to sexual orientation do notapply 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 Authorityof Nevada Equal Rights Commission to adopt regulations relating to federalstatutes. The Nevada Equal Rights Commissionmay adopt regulations, consistent with the provisions of 42 U.S.C. 12101 etseq., setting forth:

1. The types of examinations which an employer mayrequire; and

2. Any defenses which are available to an employer,

relating tothe subject matter of those provisions.

(Added to NRS by 1991, 1982)

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

1. Except asotherwise provided in NRS 613.350, it isan unlawful employment practice for an employer:

(a) To fail orrefuse to hire or to discharge any person, or otherwise to discriminate againstany person with respect to his compensation, terms, conditions or privileges ofemployment, 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 todeprive him of employment opportunities or otherwise adversely affect hisstatus as an employee, because of his race, color, religion, sex, sexualorientation, age, disability or national origin.

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

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

(b) Classify orrefer 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 anunlawful employment practice for a labor organization:

(a) To excludeor to expel from its membership, or otherwise to discriminate against, anyperson 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 referfor employment any person, in any way which would deprive or tend to deprivehim of employment opportunities, or would limit his employment opportunities orotherwise adversely affect his status as an employee or as an applicant for employment,because of his race, color, religion, sex, sexual orientation, age, disabilityor national origin; or

(c) To cause orattempt to cause an employer to discriminate against any person in violation ofthis section.

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

5. It is an unlawful employment practice for anyemployer, employment agency, labor organization or joint labor-managementcommittee to discriminate against a person with a disability by interfering,directly or indirectly, with the use of an aid or appliance, including, withoutlimitation, a service animal, by such a person.

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

7. As used in this section, service animal has themeaning 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 Unlawfulemployment practices: Discrimination for lawful use of any product outsidepremises of employer which does not adversely affect job performance or safetyof other employees.

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

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

(b) Discharge or otherwise discriminate against anyemployee concerning his compensation, terms, conditions or privileges ofemployment,

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

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

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

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

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

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

3. The court shall award reasonable costs, includingcourt costs and attorneys fees to the prevailing party in an action broughtpursuant to this section.

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

(Added to NRS by 1991, 942)

NRS 613.335 Unlawfulemployment 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 disabilitybecause of a medical condition, it is an unlawful employment practice to failor 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 andafter childbirth, miscarriage or other natural resolution of her pregnancy, ifthe leave is granted, accrued or allowed to accumulate as a part of heremployment benefits.

(Added to NRS by 1989, 690)

NRS 613.340 Unlawfulemployment practices: Discrimination for opposing unlawful practice orassisting investigation; printing or publication of material indicatingprohibited discrimination.

1. It is an unlawful employment practice for anemployer to discriminate against any of his employees or applicants for employment,for an employment agency to discriminate against any person, or for a labororganization to discriminate against any member thereof or applicant formembership, because he has opposed any practice made an unlawful employmentpractice by NRS 613.310 to 613.435, inclusive, or because he has madea charge, testified, assisted or participated in any manner in an investigation,proceeding or hearing under NRS 613.310to 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 beprinted or published any notice or advertisement relating to employment by suchan employer or membership in or any classification or referral for employmentby such a labor organization, or relating to any classification or referral foremployment by such an employment agency, indicating any preference, limitation,specification or discrimination, based on race, color, religion, sex, sexualorientation, age, disability or national origin, except that such a notice oradvertisement may indicate a preference, limitation, specification ordiscrimination based on religion, sex, sexual orientation, age, physical,mental or visual condition or national origin when religion, sex, sexualorientation, age, physical, mental or visual condition or national origin is abona 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 Unlawfulemployment practices: Requiring or encouraging current or prospective employeesand members of labor organizations to submit to genetic test; denying oraltering employment or membership in labor organization based on geneticinformation.

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

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

(b) To require oradminister a genetic test to a person as a condition of employment ormembership in the labor organization.

(c) To denyemployment or membership in the labor organization based on geneticinformation.

(d) To alter theterms, conditions or privileges of employment or membership in the labororganization based on genetic information.

(e) To terminateemployment or membership in the labor organization based on geneticinformation.

2. As used inthis section:

(a) Geneticinformation means information that is obtained from a genetic test.

(b) Genetictest means a test that uses deoxyribonucleic acid extracted from the cells ofa person, or a diagnostic test that uses another substance extracted or otherwiseobtained from the body of a person, which determines the presence of an abnormalityor deficiency that:

(1) Islinked to a physical or mental disorder or impairment; or

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

The termdoes not include a test to determine the presence of alcohol or a controlledsubstance in the system of the person tested.

(Added to NRS by 1999, 2874)

NRS 613.350 Lawfulemployment practices.

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

2. It is not an unlawful employment practice for anemployer to fail or refuse to hire and employ employees, for an employmentagency to fail to classify or refer any person for employment, for a labororganization to fail to classify its membership or to fail to classify or referany person for employment, or for an employer, labor organization or jointlabor-management committee controlling apprenticeship or other training orretraining 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 orvisual condition is a bona fide and relevant occupational qualification necessaryto the normal operation of that particular business or enterprise, if it isshown that the particular disability would prevent proper performance of thework for which the disabled person would otherwise have been hired, classified,referred or prepared under a training or retraining program.

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

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

5. It is not an unlawful employment practice for anemployer 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 toevade the provisions of NRS 613.310 to 613.435, inclusive, as they relate todiscrimination against a person because of age, except that no such planexcuses 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 Actionspermitted against member of Communist Party or related organization. As used in NRS 613.310to 613.435, inclusive, the phraseunlawful employment practice does not include any action or measure taken byan employer, labor organization, joint labor-management committee or employmentagency with respect to an individual who is a member of the Communist Party ofthe United States or of any other organization required to register as aCommunist-action or Communist-front organization by final order of the SubversiveActivities Control Board pursuant to the Subversive Activities Control Act of1950.

(Added to NRS by 1965, 693)

NRS 613.370 Nationalsecurity. Notwithstanding any other provisionof NRS 613.310 to 613.435, inclusive, it is not an unlawfulemployment practice for an employer to fail or refuse to hire and employ anyindividual for any position, for an employer to discharge any individual fromany position, or for an employment agency to fail or refuse to refer anyindividual for employment in any position, or for a labor organization to failor refuse to refer any individual for employment in any position, if:

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

2. Such individual has not fulfilled or has ceased tofulfill that requirement.

(Added to NRS by 1965, 693)

NRS 613.380 Considerationof seniority, quantity or quality of production and other tests of abilitypermitted. Notwithstanding any other provisionof NRS 613.310 to 613.435, inclusive, it is not an unlawfulemployment practice for an employer to apply different standards ofcompensation, or different terms, conditions or privileges of employmentpursuant to a bona fide seniority or merit system, or a system which measuresearnings by quantity or quality of production or to employees who work indifferent locations, if those differences are not the result of an intention todiscriminate because of race, color, religion, sex, sexual orientation, age,disability or national origin, nor is it an unlawful employment practice for anemployer to give and to act upon the results of any professionally developedability test, if the test, its administration or action upon the results is notdesigned, 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 Inapplicabilityto employment by certain businesses on or near Indian reservation. Nothing contained in NRS613.310 to 613.435, inclusive,applies to any business or enterprise on or near an Indian reservation with respectto any publicly announced employment practice of such business or enterpriseunder which a preferential treatment is given to any individual because he isan Indian living on or near a reservation.

(Added to NRS by 1965, 694)

NRS 613.400 Preferentialtreatment of certain persons on account of imbalance in existing number orpercentage of those persons employed not required. Nothingcontained in NRS 613.310 to 613.435, inclusive, requires any employer,employment agency, labor organization or joint labor-management committeesubject to NRS 613.310 to 613.435, inclusive, to grant preferentialtreatment to any person or to any group because of the race, color, religion,sex, sexual orientation, age, disability or national origin of the individualor group on account of an imbalance which exists with respect to the totalnumber or percentage of persons of any race, color, religion, sex, sexualorientation, age, disability or national origin employed by any employer,referred or classified for employment by any employment agency or labororganization, 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 inany community, section or other area, or in the available workforce in anycommunity, section or other area.

(Added to NRS by 1965, 694; A 1967, 110; 1973, 984;1975, 1458; 1991, 1027; 1999, 1941)

NRS 613.405 Complaintsconcerning unlawful employment practices filed with Nevada Equal RightsCommission. Any person injured by an unlawfulemployment practice within the scope of NRS613.310 to 613.435, inclusive, mayfile a complaint to that effect with the Nevada Equal Rights Commission if thecomplaint is based on discrimination because of race, color, sex, sexualorientation, 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 Applicationto district court for order to restore rights after unfavorable decision byNevada Equal Rights Commission. If the NevadaEqual Rights Commission does not conclude that an unfair employment practicewithin the scope of NRS 613.310 to 613.435, inclusive, has occurred, anyperson alleging such a practice may apply to the district court for an ordergranting or restoring to that person the rights to which he is entitled underthose sections.

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

NRS 613.430 Limitationon actions. No action authorized by NRS 613.420 may be brought more than 180days after the date of the act complained of. When a complaint is filed withthe Nevada Equal Rights Commission the limitation provided by this section istolled as to any action authorized by NRS613.420 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 Expeditedappeal for certain actions.

1. The Supreme Court shall, with regard to an appealfrom a final judgment in an action for age discrimination in employment broughtpursuant to NRS 613.420 or 29 U.S.C. 621-634, provide by rule for the filing of briefs within 6 months after thedate of entry of the judgment. The Supreme Court for good cause shown may grantan extension of time for the filing of such briefs.

2. Unless good cause is shown for a later hearing, theSupreme 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 ofthe period for filing briefs.

(Added to NRS by 1997, 77)

USE OF LIE DETECTORS

NRS 613.440 Definitions. As used in NRS 613.440to 613.510, inclusive, unless thecontext otherwise requires:

1. Employer includes any person acting directly orindirectly in the interest of an employer in relation to an employee orprospective employee.

2. Lie detector means a polygraph, voice stressanalyzer, psychological stress evaluator or any other similar device, whethermechanical or electrical, that is used, or the results of which are used, forthe purpose of rendering a diagnostic opinion regarding the honesty ordishonesty of an individual.

3. Polygraph means an instrument that:

(a) Visually, permanently and simultaneously recordscardiovascular activity, respiratory activity and changes in skin resistance;and

(b) Is used, or the results of which are used, for thepurpose of rendering a diagnostic opinion regarding the veracity of anystatement made by the person examined.

4. Polygraphic examination means a test administeredwith a polygraph.

(Added to NRS by 1989, 723)

NRS 613.450 Provisionsinapplicable to State and its political subdivisions. Theprovisions of NRS 613.440 to 613.510, inclusive, do not apply to thisstate or any political subdivision of this state.

(Added to NRS by 1989, 724)

NRS 613.460 Adoptionof regulations; notice of statutory provisions.

1. The Labor Commissioner:

(a) May adopt any regulations necessary or appropriateto carry out the provisions of NRS 613.440to 613.510, inclusive; and

(b) Shall prepare and distribute to employers in thisstate, 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 ina conspicuous location at the place of employment where notices to employeesand applicants for employment are customarily posted and read.

(Added to NRS by 1989, 723)

NRS 613.470 Waiverof rights and procedures void; exception. Unlessstipulated in a written settlement agreement signed by all parties to a pendingaction or complaint filed pursuant to NRS613.440 to 613.510, inclusive, anywaiver of the rights and procedures provided by NRS 613.440 to 613.510, inclusive, is against publicpolicy and is void.

(Added to NRS by 1989, 724)

NRS 613.480 Unlawfulacts of employer. Except as otherwise providedin NRS 613.510, it is unlawful for anyemployer in this state to:

1. Directly or indirectly, require, request, suggestor cause any employee or prospective employee to take or submit to any liedetector test;

2. Use, accept, refer to or inquire concerning theresults of any lie detector test of any employee or prospective employee;

3. Discharge, discipline, discriminate against in anymanner or deny employment or promotion to, or threaten to take any such actionagainst any employee or prospective employee:

(a) Who refuses, declines or fails to take or submit toany lie detector test; or

(b) On the basis of the results of any lie detectortest; or

4. Discharge, discipline, discriminate against in anymanner, deny employment or promotion to or threaten to take any such actionagainst any employee or prospective employee who has:

(a) Filed any complaint or instituted or caused to beinstituted any legal proceeding pursuant to NRS613.440 to 613.510, inclusive;

(b) Testified or may testify in any legal proceedinginstituted pursuant to NRS 613.440 to 613.510, inclusive; or

(c) Exercised his rights, or has exercised on behalf ofanother person the rights afforded him pursuant to NRS 613.440 to 613.510, inclusive.

(Added to NRS by 1989, 723)

NRS 613.490 Liabilityof employer to employee; attorneys fees and costs.

1. An employer who violates the provisions of NRS 613.440 to 613.510, inclusive, is liable to theemployee or prospective employee affected by the violation. The employer isliable for any legal or equitable relief as may be appropriate, includingemployment of a prospective employee, reinstatement or promotion of an employeeand the payment of lost wages and benefits.

2. An action to recover the liability pursuant tosubsection 1 may be maintained against the employer by an employee orprospective employee:

(a) For or on behalf of the employee or prospectiveemployee; and

(b) On behalf of other employees or prospectiveemployees similarly situated.

An actionmust not be commenced pursuant to this section more than 3 years after the dateof the alleged violation.

3. In any action brought pursuant to this section, thecourt, in its discretion, may allow the prevailing party reasonable costs,including attorneys fees.

(Added to NRS by 1989, 724)

NRS 613.500 Administrativepenalties; penalties are cumulative; injunctive relief.

1. If any person violates any provision of NRS 613.440 to 613.510, inclusive, or any regulationadopted pursuant thereto, the Labor Commissioner may impose against the personan administrative penalty of not more than $9,000 for each such violation.

2. In determining the amount of any administrativepenalty to be imposed against the person, the Labor Commissioner shall considerthe previous record of the person in terms of compliance with NRS 613.440 to 613.510, inclusive, and any regulationadopted pursuant thereto, and the severity of the violation. Any administrativepenalty imposed against the person is in addition to any other remedy or penaltyprovided pursuant to NRS 613.440 to 613.510, inclusive.

3. The Labor Commissioner may bring a civil actionpursuant to this section to restrain violations of NRS 613.440 to 613.510, inclusive, or any regulationadopted pursuant thereto. A court of competent jurisdiction may issue, withoutbond, a temporary or permanent restraining order or injunction to requirecompliance with NRS 613.440 to 613.510, inclusive, or any regulationadopted pursuant thereto, including any legal or equitable relief incidentthereto as may be appropriate, such as employment of a prospective employee,reinstatement or promotion of an employee, and the payment of lost wages andbenefits.

(Added to NRS by 1989, 723; A 2003, 798)

NRS 613.510 Exemptionsfrom provisions.

1. Except as otherwise provided in subsection 2, thefollowing are exempt from the provisions of NRS613.440 to 613.500, inclusive:

(a) Any employer who requests an employee to submit toa polygraphic examination if:

(1) The examination is administered inconnection with an ongoing investigation involving economic loss or injury tothe employers business, including theft, embezzlement, misappropriation or anact of unlawful industrial espionage or sabotage;

(2) The employee had access to the property thatis the subject of the investigation;

(3) The employer has a reasonable suspicion thatthe 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 thespecific incident or activity being investigated;

(II) Is signed by the employer or an agentof the employer;

(III) Is retained by the employer for atleast 3 years; and

(IV) Contains an identification of thespecific economic loss or injury to the business, a statement indicating thatthe employee had access to the property and a statement describing the basis ofthe employers reasonable suspicion that the employee was involved in theincident.

(b) The use of polygraphic examinations on prospectiveemployees who would be employed to protect:

(1) Facilities, materials or operations having asignificant impact on the health or safety of this state or any politicalsubdivision of this state; or

(2) Currency, negotiable securities, preciouscommodities or instruments or proprietary information,

requested bythe potential employer whose primary business is to provide armored carpersonnel, personnel engaged in the design, installation and maintenance of securityalarm systems or other security personnel.

(c) The use of a polygraphic examination by anyemployer authorized to manufacture, distribute or dispense a controlledsubstance if:

(1) The examination is administered to aprospective 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 currentemployee in connection with an ongoing investigation of misconduct involving acontrolled substance manufactured, distributed or dispensed by the employer ifthe employee had access to the property that is the subject of theinvestigation.

2. The exemptions provided in subsection 1 areapplicable only if:

(a) The polygraphic examination is administered by aperson who holds a valid license as a polygraphic examiner or intern or isqualified as a polygraphic examiner and is exempt from the requirement oflicensing pursuant to the provisions of chapter648 of NRS; and

(b) The results of a polygraphic examination or therefusal to take a polygraphic examination is not used as the sole basis uponwhich an adverse employment action is taken against an employee or prospectiveemployee.

(Added to NRS by 1989, 724)

 

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