Employment & Labor Law
Overview
The Law Firm of Hutchison & Steffen offers diverse experience in the complex environment of employment and labor law, with particular depth in non-competition and confidentiality agreements. Offering knowledgeable advice with regard to federal and state labor law and regulations, the Firm represents employers before administrative bodies on employment matters such as unemployment and workers' compensation claims.
In addition, the Firm provides consultation in the drafting of employee contracts, medical leave policies, drug testing procedures, employee handbooks, anti-discrimination and harassment policies, and general employment policies. The Firm is well versed in litigating employment issues such as alleged Title VII violations, sexual harassment and discrimination claims, and age and disability discrimination, before the Nevada Equal Rights Commission, the Equal Employment Opportunity Commission, and the state and federal courts.
The attorneys with Hutchison & Steffen are also able to use years of experience to design pension plans, 401(k) plans, and other retirement tools for employers of all sizes. Custom tailored plans for each business can help an employer avoid issues with the Department of Labor, the IRS, and the frequently changing laws surrounding retirement and benefits.
To discuss a charge, an investigation, or a policy review with a Nevada employment attorney at the Firm, call 702.385.2500 in Las Vegas or 775.853.8746 in Reno, or contact Hutchison & Steffen online.
Understanding The Practice
What Is Employment & Labor Law?
Employment and labor law governs the relationship between a company and the people who work for it, from the offer letter through the exit interview and any claim that follows. Hutchison & Steffen represents employers. The Firm defends Nevada businesses against discrimination, harassment, wage, and termination claims, and builds the handbooks, agreements, and processes that keep those claims from being filed.
Two bodies of law apply at once. Federal statutes including Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Fair Labor Standards Act, and the Family and Medical Leave Act set a floor. Nevada law sits above that floor. An employer that builds its policies to the federal floor alone is out of compliance in Nevada.
Hutchison & Steffen is a full-service, AV-rated Nevada law firm with more than 60 attorneys and three decades of practice in the State. Its Las Vegas and Reno employment attorneys advise employers in Henderson, Summerlin, North Las Vegas, Sparks, Carson City, and statewide, and matters of this kind are handled by attorneys including Joseph R. Ganley.
Where Nevada reaches further is where an employer's exposure sits. NRS 613.330 covers race, color, religion, sex, sexual orientation, gender identity or expression, age, disability, and national origin, so a Nevada employer carries state-law exposure on sexual orientation and gender identity regardless of how federal case law moves. NRS 608.019 requires a paid rest period of ten minutes for each four hours worked and a meal period of at least thirty minutes in a continuous eight-hour shift.
Two more catch employers out. NRS 608.018 imposes daily overtime, not merely weekly overtime, for employees paid less than one and one-half times the minimum wage, which at the current $12.00 rate means an $18.00 hourly cutoff. NRS 608.0197 requires employers with 50 or more employees in Nevada to provide paid leave. Our article on failure to rehire claims covers one of the traps that follows a layoff.
Employment matters rarely stay in one lane. Preventive policy work runs alongside our Human Resources Support practice. Departing-employee and trade secret disputes are handled with our Business Law & Commercial Litigation attorneys, and contested industrial insurance claims with our Workers' Compensation practice.
How We Help Nevada Employers
Employment & Labor Services for Employers
Discrimination, Harassment & Retaliation Defense
The Firm defends employers against charges filed with the Nevada Equal Rights Commission and the Equal Employment Opportunity Commission, and against civil actions under NRS 613.330 and Title VII. That work starts with the position statement and the investigation file, which is where most of these cases are effectively decided. Our article on responding to a charge of discrimination walks through the sequence.
Wage, Hour & Worker Classification Defense
Nevada's wage rules are stricter than the federal baseline. We defend claims before the Office of the Labor Commissioner and in court involving daily overtime, meal and rest periods, final pay, paid leave, and independent contractor and exempt-status classification, where a single misclassified role can multiply across an entire job category.
Termination & At-Will Employment Counsel
Nevada is an at-will state, and the exceptions are what generate litigation. We advise on documentation, progressive discipline, and timing before a termination, and defend tortious discharge, implied contract, and retaliation claims after one, including reductions in force where selection criteria will be examined.
Non-Competition, Confidentiality & Trade Secrets
NRS 613.195 sets specific conditions for enforceability, and two drafting mistakes carry mandatory attorney fee awards against the employer. The Firm drafts covenants that hold up, enforces them against departing employees, and pursues misappropriation claims under Nevada's trade secrets statute. Our article asks whether your non-competition agreement would stand up to a challenge.
Handbooks, Policies & Preventive Counsel
A handbook is either the employer's strongest evidence or the plaintiff's first exhibit. We draft and audit handbooks, anti-harassment and accommodation policies, drug testing procedures, medical leave policies, and pay transparency practices under NRS 613.133, and train the managers who have to apply them.
Unemployment & Workers' Compensation Defense
Knowing Where the Claim Lands
Where Nevada Employment Claims Are Filed
The same underlying facts can produce filings in several forums at once, each with a separate response obligation. The table below outlines where Nevada employment claims go and what the employer has to do in each.
| Forum | What Triggers It | The Employer's Response Obligation |
|---|---|---|
| Nevada Equal Rights Commission | A charge of discrimination, harassment, or retaliation under NRS 613.330, which an employee may file up to 300 days after the alleged practice | A position statement and supporting records on the Commission's schedule, with a document preservation hold in place from the day the charge arrives |
| Equal Employment Opportunity Commission | A parallel federal charge under Title VII, the ADA, or the ADEA, subject to the same 300-day window because Nevada is a deferral state | A position statement on the Commission's schedule. Charges are commonly dual-filed, so one response strategy should cover both agencies |
| Office of the Labor Commissioner | A wage, overtime, break, final pay, or paid leave claim under NRS Chapter 608 | A written response with payroll and timekeeping records by the date stated on the Labor Commissioner's notice |
| Nevada District Court | A civil action for tortious discharge, breach of contract, or a claim brought after a right-to-sue letter issues | A responsive pleading within the time set by the Nevada Rules of Civil Procedure after service, and emergency relief where trade secrets are moving |
| Nevada DETR | A former employee's claim for unemployment benefits under NRS Chapter 612 | All known relevant facts submitted within 11 days after the notice is mailed, under NRS 612.475 |
| Department of Administration Hearings Division | A contested industrial insurance claim under NRS Chapters 616A to 616D | An appeal to a hearing officer within 70 days of the determination, then to an appeals officer within 30 days |
Managing the Exposure
When Employers Should Involve Counsel
Call counsel while the decision is still open. An employer's file is finished the day the charge arrives, and whatever documentation exists by then is the entire defense. Terminations, reductions in force, accommodation denials, and classification decisions are all far easier to defend when counsel helped build the record contemporaneously.
Restrictive covenants deserve their own review, because Nevada penalizes two specific drafting errors with a mandatory award of the employee's attorney's fees, and that award runs against the employer even in a suit the employee brought. Any covenant an employer is currently asking people to sign should be read against NRS 613.195 before the next signature, not after the first challenge.
This page is educational and is not legal advice. Employment law changes with each legislative session, and the figures here reflect Nevada law as of publication. The Firm's employment attorneys help Nevada employers make defensible decisions in the moment and respond correctly when a claim arrives. Our article on a verdict against an employer that cut a job during medical leave shows what the downside looks like.
Common Questions
Frequently Asked Questions
Is Nevada an At-Will Employment State?
Yes. Absent a contract stating otherwise, either party may end the relationship at any time, for any lawful reason or no reason. The exceptions are where employers get sued. Nevada courts recognize tortious discharge where a termination violates public policy, such as retaliation for filing a workers' compensation claim or refusing to engage in illegal conduct, and an employee may argue that a handbook or a course of conduct created an implied contract. Statutory protections apply regardless of at-will status.
Are Non-Compete Agreements Enforceable in Nevada?
Sometimes, and NRS 613.195 is specific about when. A covenant is enforceable only if it is supported by valuable consideration, imposes no restraint greater than necessary to protect the employer, does not impose undue hardship on the employee, and carries restrictions appropriate in relation to the consideration given. Two errors trigger a mandatory award of the employee's attorney's fees: applying a covenant to an employee paid solely on an hourly wage basis, and barring a former employee from serving a customer who left voluntarily and was not solicited. Overbroad time or geography is treated differently, since a court that finds valuable consideration must revise the covenant and enforce it as revised. The controlling amendment is AB 47, effective in 2021.
What Should an Employer Do After Receiving a Nevada Equal Rights Commission or EEOC Charge?
Preserve the relevant records immediately, including personnel files, communications, and any electronic data subject to a preservation hold, and route the charge to counsel before anyone responds informally or contacts the charging party. The position statement and the documents produced with it become the foundation of the file, and the Nevada Equal Rights Commission (NERC), the charging party's counsel, and any later court will all read them. A charge filed with one agency is commonly dual-filed with the other.
What Are Nevada's Meal and Rest Break Requirements for Employers?
Under NRS 608.019, an employee may not work a continuous period of eight hours without a meal period of at least thirty minutes, and an employer must authorize a paid rest period of ten minutes for each four hours worked or major fraction of it. No rest period is required when total daily work time is less than three and one-half hours. The requirements do not apply where only one person is employed at a particular place of employment, where employees are covered by a collective bargaining agreement, or where the Labor Commissioner has granted an exemption.
How Long Is a Nevada Employer Exposed to a Discrimination Charge?
300 days from the date of the alleged unlawful practice, under NRS 233.160. Nevada extended that window from 180 days by legislation in 2019, and because Nevada is a deferral state the same 300 days applies to a charge filed with the Equal Employment Opportunity Commission. Other claims run on their own clocks, including wage claims under NRS Chapter 608, contract claims, and tortious discharge claims, which is why an employer should have its full exposure assessed rather than only the charge in front of it.
The information on this page is educational and is not legal advice. Reading it does not create an attorney-client relationship with Hutchison & Steffen. For guidance on a specific matter, contact the Firm at 702.385.2500 in Las Vegas or 775.853.8746 in Reno.