Nevada 2025 Regular Session

Nevada Assembly Bill AB179 Compare Versions

Only one version of the bill is available at this time.

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3	3	A.B. 179
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5	5	- AB179
6	6
7	7	ASSEMBLY BILL NO. 179–ASSEMBLYMEMBER LA RUE HATCH
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9	9	PREFILED FEBRUARY 2, 2025
10	10	____________
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12	12	Referred to Committee on Commerce and Labor
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14	14	SUMMARY—Revises provisions relating to employment.
15	15	(BDR 53-623)
16	16
17	17	FISCAL NOTE: Effect on Local Government: No.
18	18	Effect on the State: No.
19	19
20	20	~
21	21
22	22	EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
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24	24
25	25	AN ACT relating to employment; eliminating certain exceptions to
26	26	provisions requiring an employer in private employment
27	27	to provide paid leave to each employee of the employer
28	28	under certain circumstances; setting forth certain actions
29	29	that constitute retaliation for the purposes of provisions
30	30	prohibiting retaliation against an employee for use of such
31	31	paid leave; and providing other matters properly relating
32	32	thereto.
33	33	Legislative Counsel’s Digest:
34	34	With certain exceptions, existing law requires an employer in private 1
35	35	employment who has 50 or more employees in this State to provide to an employee 2
36	36	at least 0.01923 hours of paid leave for each hour worked. Existing law requires 3
37	37	such an employer to allow an employee to use the paid leave beginning on the 90th 4
38	38	calendar day of his or her employment and for any use. Existing law prohibits such 5
39	39	an employer from retaliating against an employee for using the paid leave available 6
40	40	for use by the employee. (NRS 608.0197) This bill eliminates an exception from 7
41	41	those provisions that is provided under existing law to an employer who, pursuant 8
42	42	to a contract, policy, collective bargaining agreement or other agreement, provides 9
43	43	employees with a policy for paid leave or a policy for paid time off to all scheduled 10
44	44	employees at a rate of at least 0.01923 hours of paid leave per hour of work 11
45	45	performed. Additionally, this bill sets forth certain actions that constitute prohibited 12
46	46	retaliation for the purposes of the provisions prohibiting an employer from 13
47	47	retaliating against an employee for the use of paid leave. 14
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52	52
53	53	- AB179
54	54	THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
55	55	SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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57	57	Section 1. NRS 608.0197 is hereby amended to read as 1
58	58	follows: 2
59	59	608.0197 1. Except as otherwise provided in this section, 3
60	60	every employer in private employment shall provide paid leave to 4
61	61	each employee of the employer as follows: 5
62	62	(a) An employee is entitled to at least 0.01923 hours of paid 6
63	63	leave for each hour of work performed. 7
64	64	(b) An employee may, as determined by the employer, obtain 8
65	65	paid leave by: 9
66	66	(1) Receiving on the first day of each benefit year the total 10
67	67	number of hours of paid leave that the employee is entitled to accrue 11
68	68	in a benefit year pursuant to paragraph (a); or 12
69	69	(2) Accruing over the course of a benefit year the total 13
70	70	number of hours of paid leave that the employee is entitled to accrue 14
71	71	in a benefit year pursuant to paragraph (a). 15
72	72	(c) Paid leave accrued pursuant to subparagraph (2) of paragraph 16
73	73	(b) may carry over for each employee between his or her benefit 17
74	74	years of employment, except an employer may limit the amount of 18
75	75	paid leave for each employee carried over to a maximum of 40 19
76	76	hours per benefit year. 20
77	77	(d) Except as otherwise provided in paragraph (i), an employer 21
78	78	shall: 22
79	79	(1) Compensate an employee for the paid leave available for 23
80	80	use by that employee at the rate of pay at which the employee is 24
81	81	compensated at the time such leave is taken, as calculated pursuant 25
82	82	to paragraph (e); and 26
83	83	(2) Pay such compensation on the same payday as the hours 27
84	84	taken are normally paid. 28
85	85	(e) For the purposes of determining the rate of pay at which an 29
86	86	employee is compensated pursuant to paragraph (d), the 30
87	87	compensation rate for an employee who is paid by: 31
88	88	(1) Salary, commission, piece rate or a method other than 32
89	89	hourly wage must: 33
90	90	(I) Be calculated by dividing the total wages of the 34
91	91	employee paid for the immediately preceding 90 days by the 35
92	92	number of hours worked during that period; 36
93	93	(II) Except as otherwise provided in sub-subparagraph 37
94	94	(III), include any bonuses agreed upon and earned by the employee; 38
95	95	and 39
96	96	(III) Not include any bonuses awarded at the sole 40
97	97	discretion of the employer, overtime pay, additional pay for 41
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101	101	- AB179
102	102	performing hazardous duties, holiday pay or tips earned by the 1
103	103	employee. 2
104	104	(2) Hourly wage must be calculated by the hourly rate the 3
105	105	employee is paid by the employer. 4
106	106	(f) An employer may limit the amount of paid leave an 5
107	107	employee uses to 40 hours per benefit year. 6
108	108	(g) An employer may set a minimum increment of paid leave, 7
109	109	not to exceed 4 hours, that an employee may use at any one time. 8
110	110	(h) An employer shall provide to each employee on each payday 9
111	111	an accounting of the hours of paid leave available for use by that 10
112	112	employee. An employer may use the system that the employer uses 11
113	113	to pay its employees to provide the accounting of the hours of paid 12
114	114	leave available for use by the employee. 13
115	115	(i) An employer may, but is not required to, compensate an 14
116	116	employee for any unused paid leave available for use by that 15
117	117	employee upon separation from employment, except if the employee 16
118	118	is rehired by the employer within 90 days after separation from that 17
119	119	employer and the separation from employment was not due to the 18
120	120	employee voluntarily leaving his or her employment, any previously 19
121	121	unused paid leave hours available for use by that employee must be 20
122	122	reinstated. 21
123	123	2. An employee in private employment may use paid leave 22
124	124	available for use by that employee as follows: 23
125	125	(a) An employer shall allow an employee to use paid leave 24
126	126	beginning on the 90th calendar day of his or her employment. 25
127	127	(b) An employer shall allow an employee to use paid leave for 26
128	128	any use, including, without limitation: 27
129	129	(1) Treatment of a mental or physical illness, injury or health 28
130	130	condition; 29
131	131	(2) Receiving a medical diagnosis or medical care; 30
132	132	(3) Receiving or participating in preventative care; 31
133	133	(4) Participating in caregiving; or 32
134	134	(5) Addressing other personal needs related to the health of 33
135	135	the employee. 34
136	136	(c) An employee may use paid leave available for use by that 35
137	137	employee without providing a reason to his or her employer for such 36
138	138	use. 37
139	139	(d) An employee shall, as soon as practicable, give notice to his 38
140	140	or her employer to use the paid leave available for use by that 39
141	141	employee. 40
142	142	3. An employer shall not: 41
143	143	(a) Deny an employee the right to use paid leave available for 42
144	144	use by that employee in accordance with the conditions of this 43
145	145	section; 44
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149	149	- AB179
150	150	(b) Require an employee to find a replacement worker as a 1
151	151	condition of using paid leave available for use by that employee; or 2
152	152	(c) Retaliate against an employee for using paid leave available 3
153	153	for use by that employee [.] , including, without limitation, by: 4
154	154	(1) Dismissing, demoting or suspending the employee; 5
155	155	(2) Issuing a reprimand to the employee; 6
156	156	(3) Transferring the employee for the purposes of 7
157	157	punishment; 8
158	158	(4) Considering, in any way, the employee’s use of paid 9
159	159	leave available for use by the employee in a disciplinary action 10
160	160	against the employee; or 11
161	161	(5) Taking any other adverse action against the employee 12
162	162	for using paid leave available for use by the employee. 13
163	163	4. The Labor Commissioner shall prepare a bulletin which 14
164	164	clearly sets forth the benefits created by this section. The Labor 15
165	165	Commissioner shall post the bulletin on the Internet website 16
166	166	maintained by the Office of Labor Commissioner, if any, and shall 17
167	167	require all employers to post the bulletin in a conspicuous location 18
168	168	in each workplace maintained by the employer. The bulletin may be 19
169	169	included in any printed abstract posted by the employer pursuant to 20
170	170	NRS 608.013. 21
171	171	5. An employer shall maintain a record of the receipt or accrual 22
172	172	and use of paid leave pursuant to this section for each employee for 23
173	173	a 1-year period following the entry of such information in the record 24
174	174	and, upon request, shall make those records available for inspection 25
175	175	by the Labor Commissioner. 26
176	176	6. The provisions of this section do not: 27
177	177	(a) Limit or abridge any other rights, remedies or procedures 28
178	178	available under the law. 29
179	179	(b) Negate any other rights, remedies or procedures available to 30
180	180	an aggrieved party. 31
181	181	(c) Prohibit, preempt or discourage any contract or other 32
182	182	agreement that provides a more generous paid leave benefit or paid 33
183	183	time off benefit. 34
184	184	7. For the first 2 years of operation, an employer is not required 35
185	185	to comply with the provisions of this section. 36
186	186	8. This section does not apply to [: 37
187	187	(a) An employer who, pursuant to a contract, policy, collective 38
188	188	bargaining agreement or other agreement, provides employees with 39
189	189	a policy for paid leave or a policy for paid time off to all scheduled 40
190	190	employees at a rate of at least 0.01923 hours of paid leave per hour 41
191	191	of work performed; and 42
192	192	(b) Temporary,] temporary, seasonal or on-call employees. 43
193	193	9. As used in this section: 44
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197	197	- AB179
198	198	(a) “Benefit year” means a 365-day period used by an employer 1
199	199	when calculating the accrual of paid leave. 2
200	200	(b) “Employer” means a private employer who has 50 or more 3
201	201	employees in private employment in this State. 4
202	202	Sec. 2. Insofar as they conflict with the provisions of such an 5
203	203	agreement, the amendatory provisions of this act do not apply 6
204	204	during the current term of any contract of employment, collective 7
205	205	bargaining agreement or other agreement entered into before 8
206	206	October 1, 2025, but do apply to any extension or renewal of such 9
207	207	an agreement and to any agreement entered into on or after 10
208	208	October 1, 2025. For the purposes of this section, the term of an 11
209	209	agreement ends on the date provided in the agreement, 12
210	210	notwithstanding any provision of the agreement that it remains in 13
211	211	effect, in whole or in part, after that date until a successor agreement 14
212	212	becomes effective. 15
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