Nevada Pending Legislation
AB70: (Assemblyman Stewart)Designates English as the official language of the State of Nevada.
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AB84: (Employment Security Division-Employment, Training and Rehabilitation)
Revises provisions governing the Unemployment Insurance Trust Fund to strengthen the provisions relating to the prevention of fraud, the recovery of fraudulently received benefits and the recovery of unpaid contributions.
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BDR 22: (Assemblyman Beers) Makes various changes concerning foreign nationals.
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BDR 30: (Assemblyman Segerblom)Makes certain changes concerning employment practices.
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BDR 44: (Assemblyman Ohrenschall)Mandates insurance coverage for autism screening and treatment.
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BDR 128: (Assemblyman Hardy)Makes various changes concerning health insurance.
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BDR 133: (Assemblywoman Koivisto)Makes various changes concerning employment.
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BDR 134: (Assemblywoman Koivisto)Makes certain changes concerning labor union representation.
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BDR 136: (Assemblyman Cobb)Makes various changes concerning foreign nationals.
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BDR 200: (Senator Heck)Revises provision regarding carrying of a concealed firearm.
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BDR 276: (Assembly Committee on Commerce and Labor)
Requires OSHA-10 training.
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BDR 385: (Senator Heck)Makes various changes to provisions governing health plans and insurance.
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BDR 387: (Assemblyman Settelmeyer)Restricts applicability of prevailing wage requirements to certain counties.
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BDR 396: (Senator Care)Makes various changes to provisions governing unclaimed property.
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BDR 506: (Assemblyman Goicoechea)Revises provisions concerning the prevailing wage requirements.
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BDR 510: (Assemblywoman Leslie)Requires health insurance policies to cover treatment for eating disorders.
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BDR 517: (Assemblyman Christensen)Makes various changes relating to homeland security.
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BDR 559: (Assemblyman Denis)Enacts provisions related to state employment.
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BDR 644: (Assemblywoman Koivisto)Makes various changes concerning prevailing wage.
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BDR 667: (Assemblyman Grady)Revises provisions governing unemployment compensation.
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BDR 670: (Assemblywoman Mastroluca)Provides for parental involvement leave for parents who work during school hours.
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BDR 729: (Senate Majority Leader)
Revises provisions governing the determination of the prevailing wage.
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BDR 730: (Senate Majority Leader)
Makes various changes to provisions relating to the prevailing wage.
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BDR 779: (Senator Breeden)Revises certain provisions governing negotiations by certain employers with recognized employee organizations.
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BDR 792: (Assemblyman Aizley)Revisions provisions governing employment practices to prohibit discrimination based on gender identity and expression.
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BDR 814: (Assemblyman Aizley)Makes various changes concerning the regulation of businesses in Nevada.
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BDR 838: (Assemblyman Ohrenschall)Revises provisions governing insurance coverage.
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BDR 839: (Assemblyman Ohrenschall)Revises provisions governing certain business practices.
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BDR 862: (Assembly Committee on Government Affairs)
Makes various changes to provisions relating to the prevailing wage.
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BDR 910: (Assemblywoman Pierce)Makes various changes concerning the prevailing wage requirements.
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BDR 936: (Assemblyman McArthur)Makes the English language the official language of the State of Nevada.
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Federal Pending Legislation
Employment Non-Discrimination Act of 2007 (H.R. 3685): Makes it an unlawful employment practice for covered entities (employers, employment agencies, labor organizations, or joint labor-management committees) to discriminate against an individual on the basis of actual or perceived sexual orientation, including actions based on the actual or perceived sexual orientation of a person with whom the individual associates or has associated. Prohibits preferential treatment or quotas. Allows only disparate treatment claims.
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Employee Free Choice Act of 2007 (H.R. 800): Amends the National Labor Relations Act to require the National Labor Relations Board to certify a bargaining representative without directing an election if a majority of the bargaining unit employees have authorized designation of the representative (card-check) and there is no other individual or labor organization currently certified or recognized as the exclusive representative of any of the employees in the unit.
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Re-Empowerment of Skilled and Professional Employees and Construction Tradesworkers (RESPECT) Act (H.R. 1644): Amends the National Labor Relations Act to revise the definition of "supervisor" in the following ways: (1) require the individual to have authority over employees for a majority of the individual's worktime; and (2) remove authority to assign other employees and to responsibly direct employees as conditions for being considered a supervisor.
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Family and Medical Leave Enhancement Act of 2008 (H.R. 7233): This Act, which was introduced in the U.S. House of Representatives in late September by Rep. Carol Maloney (D-NY), would amend the FMLA and allow employees at companies with 25 or more employees to take unpaid family and medical leave. Currently, FMLA applies to employers with 50 or more employees. The bill would also allow up to 24 hours of unpaid leave during any 12 month period for parents and grandparents to go to parent-teacher conferences or to take their children, grandchildren or other family members to the doctor for regular medical or dental appointments.
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Healthy Families Act (H.R. 1542): Requires certain employers, who employ 15 or more employees for each working day during 20 or more workweeks a year, to provide a minimum paid sick leave and employment benefits of: (1) seven days annually for those who work at least 30 hours per week; and (2) a prorated annual amount for those who work less than 30 but at least 20 hours a week, or less than 1,500 but at least 1,000 hours per year.
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ADA Amendments Act of 2008 (H.R. 3195): Amends the Americans with Disabilities Act of 1990 (ADA) to redefine the term "disability," including by defining "major life activities" and "being regarded as having such an impairment." This bill was signed into law on September 25, 2008 and becomes effective January 1, 2009.
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Working Families Flexibility Act (S. 2419): Authorizes an employee to request from an employer a change in the terms or conditions of the employee's employment if the request relates to: (1) the number of hours the employee is required to work; (2) the times when the employee is required to work; or (3) where the employee is required to work. Sets forth certain employer duties with respect to such requests.
Makes it unlawful for an employer to interfere with any rights provided to an employee under this Act. Authorizes an employee to file a complaint with the Administrator of the Wage and Hour Division of the Employment Standards Administration of the Department of Labor for any violations of such rights. Provides for the investigation and assessment of civil penalties or the award of relief for alleged violations, including the review in federal courts of appeal of orders of the Administrator.
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Lilly Ledbetter Fair Pay Act of 2007 (H.R. 2831): Amends the Civil Rights Act of 1964 to declare that an unlawful employment practice occurs when: (1) a discriminatory compensation decision or other practice is adopted; (2) an individual becomes subject to the decision or practice; or (3) an individual is affected by application of the decision or practice, including each time compensation is paid. Accrues liability, and an aggrieved person may obtain relief including recovery of back pay for up to two years preceding the filing of the charge, where the unlawful employment practices that have occurred during the charge filing period are similar or related to practices that occurred outside the time for filing a charge. Applies the amendments of this paragraph to claims of compensation discrimination under the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973.
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Employee Misclassification Act (S. 3648): Amends the Fair Labor Standards Act as it pertains to Independent Contractors. Namely, the Act would require employers to keep records of workers' employment classifications and notify those classified as "non-employees" in writing of their classification, rights to wage & hour and other labor protections, and direct them to the Department of Labor if they think that their classification is wrong. The Act could call for fines to employers of up to $10,000 who repeatedly and willfully fail to correctly classify workers.
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Mental Health Parity Act of 2007 (S. 558): Amends the Employee Retirement Income Security Act (ERISA) and the Public Health Service Act to require a group health plan that provides both medical and surgical benefits and mental health benefits to ensure that: (1) the financial requirements applicable to such mental health benefits are no more restrictive than those of substantially all medical and surgical benefits covered by the plan, including deductibles and copayments; and (2) the treatment limitations applicable to such mental health benefits are no more restrictive than those applied to substantially all medical and surgical benefits covered by the plan, including limits on the frequency of treatments or similar limits on the scope or duration of treatment. Prohibits the plan from establishing separate cost sharing requirements that are applicable only with respect to mental health benefits.
On October 3, 2008, President Bush signed into law the "Emergency Economic Stabilization Act of 2008". This bill included language which addresses key provisions of mental health parity (see Title V, Sec. 512). The Mental Health Parity Act of 1996 requires group health plans to provide some comparable benefits for mental health treatments. However, most provisions of the statute were set to expire at the end of 2008. The law will apply only to group health plans that provide mental health benefits. Some of the key provisions include:
Parity required – Expands the 1996 law on annual and lifetime limits to financial requirements (co-payments, deductibles, coinsurance, out-of-pocket expenses) and treatment limitations (frequency, number of visits, days of coverage) for mental health and substance abuse coverage.
Preemption – Maintains the Health Insurance Portability and Accountability Act (HIPAA) standard, thereby creating a federal floor for parity standards and allowing states to enact more extensive requirements for insured plans.
Out-of-Network Coverage – Employers must offer mental health and substance abuse coverage out-of-network if the plan offered out-of-network coverage for medical coverage.
Medical Management – Protects plan medical management practices that are vital to assuring the cost and quality of services for covered benefits.
