AB 337 — Revises provisions governing termination of the employment of members of the National Guard. (BDR 36-1134)

A.B.Assembly Bill No.

337337–Assemblyman AElliot SSEMBLYAnderson BCHAPTER.......... ILLN O.

337–ASSEMBLYMAN ELLIOT A NDERSON M ARCH 20, 2017 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions governing termination of the employment of members of the National Guard.

(BDR 36-1134) FISCAL NOTE:

Effect on Local Government:

May have Fiscal Impact.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Under existing law, the employer of a member of the Nevada National Guard is prohibited from terminating the member’s employment because he or she is ordered to active service or otherwise required by law to perform duties as a member of the Nevada National Guard.

An employer who violates that prohibition is guilty of a (NRSmisdemeanor 412.139)and Sectionis 1subject ofto thisan billadministrative expandspenalty existingof lawnot bymore prohibitingthan the000.$5,000.

(NRS 412.139) Section 1 of this bill expands existing law by prohibiting the employer of a member of the National Guard of another state who is employed in this State from terminating the member’s employment because he or she is ordered to active service or otherwise required by the law of that state to perform duties as a member of the National Guard of that state.

his or her employment has been terminated unlawfully is entitled to a hearingthearingat before the Labor Commissioner.

(NRS 412.1393) Section 2 of this bill confers that same right upon a member of the National Guard of another state who is employed - *AB337* – 2 – in this State.

Section 2 also provides that if, for any reason the Labor Commissioner does not determine that the employment of a member of the Nevada National Guard or the National Guard of another state was terminated unlawfully, the member may bring a civil action in district court against his or her employer seeUnderseeking existingsuch law, if the Labor Commissioner determines that the employment of a memberdetermination. of the Nevada National Guard was terminated unlawfully, the member is entitled to be immediately reinstated to his or her former position without loss of seniority or benefits and to receive all wages and benefits lost as a result of the termination.

(NRSof 412.1395)a Sectionmember 3 of thisthe billNevada providesNational thatGuard ifwas terminated unlawfully, the Labormembernt Nationalis Guardentitled to be immediately reinstated to his or theher Nationalformer Guardposition without loss of anotherseniority stateor wasbenefits terminatedand unlawfully,to thereceive memberall iswages entitledand to:benefits lost as a result of the termination.

(1)(NRS immediate412.1395) reemploymentSection in3 of this bill provides that if the positionLabor inCommissioner whichdetermines hethat orthe sheemployment wouldof havea beenmember employedof ifthe hisNevada National Guard or herthe continuousNational employmentGuard withof theanother employerstate hadwas notterminated beenunlawfully, unlawfullythe terminated;member is entitled to:

(2)(1) immediate restorationreemployment toin the position in which he or she would have been employed if his or her continuous employment with the seniority and benefits to which he or she would have been entitled if his or her continuous employment with the employer had not been unlawfully terminated;

and also(3) requiresreceipt the award of attorney’sall feeswages and costsbenefits tolost theas membera underresult certainonof 3the circumstances.termination.

Section 3 also requires the award of attorney’s fees and costs to the member under certain circumstances.

- 79th Session (2017) – 2 – EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Any member of the Nevada National Guard or the National Guard of another state who believes his or her - *AB337* – 3 – employment was terminated in violation of NRS 412.139 may, within 60 days after receiving a notice of termination, request a hearing before the Labor Commissioner to determine if his or herhera employment was so terminated.

- 79th Session (2017) – 3 – Sec.

Being ordered to active service or duty pursuant to NRS 412.122 or 412.124, ¬]immediately inreinstated violationto ofhis NRSor 412.139,her] the:ber member is entitled to [be immediately(a) reinstatedImmediate toreemployment in the position [without loss] of employment in which he or she would have been employed if his or her]her :continuous employment with the employer had not been unlawfully terminated;

(a) Immediate reemployment in the position [without loss] of employment in which he or she would have been employed if his or her continuous employment with the employer had not been unlawfully terminated;

The amendatory provisions of this act do not apply to a member of the Nevada National Guard or the National Guard of - *AB337* – 4 – another state whose employment in this State is terminated before July 1, 2017.

H~~~~~ 17 - *AB337*79th Session (2017)