Nevada Senate Bill No. 293

August 12th, 2021 | Tammy Glover Fowler, Compliance Associate

The Governor of Nevada, Steve Sisolak, approved Senate Bill No. 293 on June 2, 2021, amending Chapter 613 of NRS. The effective date is 10/1/21.

It is an Act relating to employment; prohibiting an employer from seeking or relying on the wage or salary history of an applicant for employment; prohibiting an employer from refusing to interview, hire, promote or employ an applicant if the applicant does not provide wage or salary history; requiring an employer to provide the wage or salary range or rate for a position, promotion or transfer to a new position; allows an employer to ask an applicant about his or her wage or salary expectations; allows a person to file a complaint for violations of such provisions; employers who violate such provisions may be subject to administrative penalties.

The amended rules establish the following:

An employer, employment agency, the board of county commissioners, the governing body of an incorporated city, the board of county commissioners of an unincorporated town, or an appointing authority shall not,
• seek the wage or salary history of an applicant for employment
• rely on the wage or salary history of an applicant to determine whether to offer employment to an applicant or the rate of pay for the applicant
• refuse to interview, hire promote or employ an applicant or discriminate or retaliate against an applicant if the applicant does not provide wage or salary history.

An employer, employment agency, the board of county commissioners, the governing body of an incorporated city, the board of county commissioners of an unincorporated town, or an appointing authority shall,
• provide to an applicant for employment who has completed an interview for the position, the wage or salary range or rate for the position
• the wage or salary range or rate for a promotion or transfer to a new position if an employee has
o applied for the promotion or transfer
o completed an interview for the promotion or transfer or been offered the promotion or transfer
o requested the wage or salary range or rate for the promotion or transfer

The entities named above are not prohibited from asking applicants for employment about their wage or salary expectation for the position in which the applicants are applying.

It is an unlawful employment practice to violate provisions of this Act, and a person may file with the Labor Commissioner a complaint against an employer or employment agency for engaging in an unlawful employment practice.

The full text of Senate Bill No. 293 can be found here.

Nevada employers should review their drug and background screening policies and programs in
light of the new law. Employers should also consult with their legal counsel when considering updating
their drug and background screening policies and programs.

The Information contained herein is for informational purposes only. Sterling is not a law firm, and none of the information contained in this notice is intended as legal advice. Clients are encouraged to consult with their legal counsel about the impacts of any requirements. This and other important legislative updates can be found on the Sterling website: https://www.sterlingcheck.com/resources/compliance-updates/

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