labor and employment issues facing nevada employers l.
Download
Skip this Video
Loading SlideShow in 5 Seconds..
Labor and Employment Issues Facing Nevada Employers PowerPoint Presentation
Download Presentation
Labor and Employment Issues Facing Nevada Employers

Loading in 2 Seconds...

play fullscreen
1 / 18

Labor and Employment Issues Facing Nevada Employers - PowerPoint PPT Presentation


  • 222 Views
  • Uploaded on

Labor and Employment Issues Facing Nevada Employers. Presented by Lionel Sawyer & Collins Cam Ferenbach, Esq., Shareholder, Lionel Sawyer & Collins Steve Shapiro, Senior Vice President & General Counsel, Lake Las Vegas Resort. Legislative Session 2005: AB 44.

loader
I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
capcha
Download Presentation

PowerPoint Slideshow about 'Labor and Employment Issues Facing Nevada Employers' - arleen


Download Now An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -
Presentation Transcript
labor and employment issues facing nevada employers

Labor and Employment Issues Facing Nevada Employers

Presented by Lionel Sawyer & Collins

Cam Ferenbach, Esq., Shareholder, Lionel Sawyer & Collins

Steve Shapiro, Senior Vice President & General Counsel, Lake Las Vegas Resort

legislative session 2005 ab 44
Legislative Session 2005: AB 44
  • The Old Overtime Exemption, NRS 608.018
    • NRS 608.018 governs the payment of overtime to non-exempt employees in Nevada
    • Non-exempt employees were entitled to overtime if:
      • They worked more than forty (40) hours a week; or
      • They worked more than eight (8) hours a day and earned less than one and one-half the minimum wage per hour ($7.73/hour)
legislative session 2005 ab 443
Legislative Session 2005: AB 44
  • The Old Overtime Exemption
    • NRS 608.018 specifically exempted from its coverage employees who received compensation at a rate of one and one-half the minimum wage ($7.73/hour)
    • An employee with an overtime claim had no redress with the Nevada Labor Commissioner
    • Only recourse was the Department of Labor
legislative session 2005 ab 444
Legislative Session 2005: AB 44
  • AB 44
    • Legislative session passed AB 44 in 2005
    • Purpose to amend NRS 608.018 to eliminate the exemption from Nevada’s overtime laws for employees earning $7.73/hour
    • Result, non-exempt employees with overtime claims can now bring those claims with the Nevada Labor Commissioner
legislative session 2005 ab 445
Legislative Session 2005: AB 44
  • What does this mean?
    • Employees have a friendlier forum for overtime claims
    • Increase in State policing of employers:
      • Proper classification of employee as exempt or non-exempt
      • Proper payment of overtime to employees
legislative session 2005 ab 446
Legislative Session 2005: AB 44
  • Consider an audit of your employees to determine correct classification
  • Ensure compliance with August 2004 changes to Fair Labor Standards Act & Nevada’s AB 44
will your defense stand up
Will Your Defense Stand Up?
  • How will you defend yourself in a harassment or discrimination case?
  • Do you have an employee handbook or policies against harassment and discrimination?
    • Not just harassment, but discrimination too
    • Not just sexual harassment but all forms of harassment
will your defense stand up8
Will Your Defense Stand Up?
  • Ellerth-Faragher Affirmative Defense
    • What is it?
      • No tangible adverse employment action against employee;
      • Evidence employer took steps to prevent and correct harassing conduct;
      • Employee unreasonably failed to use policy to complain of harassing conduct
will your defense stand up9
Will Your Defense Stand Up?
  • Ellerth-Faragher Affirmative Defense
    • Original application in hostile work environment sexual harassment cases
    • No longer applies solely to sexual harassment claims
      • Wright-Simmons v. The City of Oklahoma City, 10th Cir. 1998: Racial harassment
      • Wallin v. Minn. Dep’t of Corr., 8th Cir. 1998: Disability harassment
      • Oleyar v. County of Durham, M.D.N.C. 2004: Age harassment
will your defense stand up10
Will Your Defense Stand Up?
  • Ellerth-Faragher Affirmative Defense
    • What about the 9th Circuit?
    • Only Three District Court Cases
      • El-Hakem v. BJY Inc., D.Or. 2003: Racial harassment (Section 1981 claim)
      • Hogan v. Henderson, D.Ariz. 2000: Racial harassment
      • Williams v. Multinomah Educ. Services Dist., D.Or. 1999: Racial harassment (unreported)
will your defense stand up11
Will Your Defense Stand Up?
  • Ellerth-Faragher Affirmative Defense
  • Other Circuits have applied the defense in race and national origin, ADEA, ADA cases
  • Only a matter of time for Ninth Circuit
will your defense stand up12
Will Your Defense Stand Up?
  • What should you do?
    • Review employment policies and procedures
    • Ensure prohibition on all forms of harassment and discrimination
    • Conduct annual employee and management training on all forms of harassment and discrimination
early neutral evaluations
Early Neutral Evaluations
  • The Beginning…
    • Special Order 102, adopted in 1997
      • For two years, ½ all employment cases were randomly assigned to Early Neutral Evaluation Program (“ENE”)
      • Results From Participant Questionnaires:
        • Increased early settlement/resolution
        • Lower mean cost of litigation
        • Reduced litigation time
early neutral evaluations14
Early Neutral Evaluations
  • ENEs were officially adopted for use in all employment cases in 2000
  • Proposed Local Rule 16-6
    • All employment cases
    • Greater detail of Magistrate’s role than Special Order 102
      • Presentation of claims, defenses
      • Stipulations of fact
      • Damages assessment
      • Discussion of expedited discovery
early neutral evaluations15
Early Neutral Evaluations
  • ENE Process
    • Within 10 days of responding party’s appearance, notified of assignment to ENE
    • Court will scheduled ENE session within 75-days of responding party’s appearance
    • Parties, insurers and counsel must attend (exceptions may be granted)
early neutral evaluations16
Early Neutral Evaluations
  • ENE Process
    • The ENE Statement
      • CONFIDENTIAL
      • Outline facts and educate Judge on the law
      • Discuss significant factual, legal issues
      • Provide copies of relevant documents
    • Attendance at the ENE
      • Informal atmosphere
      • Conducted like mediation
      • Be prepared to stay all day
early neutral evaluations17
Early Neutral Evaluations
  • Utility of ENE
    • Serious early evaluation of facts and claims, identify potential exposure
    • Assess opponent, client, taste for litigation
    • Judge’s perspective on success or failure – for both sides
    • Legitimate opportunity to discuss settlement
    • If at first you don’t succeed, try and try again
labor and employment issues facing nevada employers18
Labor and Employment Issues Facing Nevada Employers

Presented by Lionel Sawyer & Collins

Cam Ferenbach, Esq., Shareholder, Lionel Sawyer & Collins

Steve Shapiro, Senior Vice President & General Counsel, Lake Las Vegas Resort

March 2006