AB 113 — Requires certain employers to make certain accommodations for a nursing mother. (BDR 23-7)

(ReprintedAssembly withBill amendmentsNo. adopted on April 24, 2017) FIRST REPRINT A.B.

113113–Assemblywoman ASSEMBLYSpiegel BILLNCHAPTER.......... O.

113–A SSEMBLYWOMAN S PIEGEL P REFILED FEBRUARY 7, 2017 ____________ Referred to Committee on Health and Human Services SUMMARY—Requires certain employers to make certain accommodations for a nursing mother.

(BDR 23-7) FISCAL NOTE:

EffecProvides for Term of Imprisonment in County or City Jail or Detention Facility.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

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

Existing law requires employers to provide their employees with meal and rest periods, with certain exceptions.

§ 207(r)) - *AB113_R1* – 2 – Sections 2 and 5 of this bill require each public and private employer in this State, other than the Department of Corrections, certain small employers and certain licensed contractors, to provide a reasonable break time and a clean, private place for an employee who is a nursing mother to express breast milk.

If a public or private employer would face an undue hardship relating to these requirements, sections 2 and 5 authorize the employer to meet suchwith an alternative, sections 2 and 5 authorize the employer to require theched on employee to acceptdiscuss apotential reasonablealternatives. alternative selected by the employer.

If no agreement is reached on employee to accept a reasonable alternative selected by the employer.

Section 5 exempts a private employer from complying with the requirements wouldof causesection an5 undueif hardship;the employer:

or(1) (2)has isfewer ayeesthan 50 employees and licensed contractor and the employee is performing work at a construction jobsite that is at least 3 miles from the regular place of business of the employer.

Section 6 - 79th Session (2017) – 2 – of this bill authorizes the Labor Commissioner to enforce these requirements againstwho privateviolates employers.these requirements guilty of a misdemeanor, subject to a civil penalty of $5,000 per violation.

Finally,EXPLANATION section– 7Matter ofin thisbolded billitalics makesis anew; private employer who violates these requirements guilty of a misdemeanor, subject to a civil penalty of $5,000 per violation.

THEmatter PEOPLEbetween OFbrackets THE[omitted STATEmaterial] OFis NEVADA,material REPRESENTEDto INbe SENATEomitted. AND ASSEMBLY, DO ENACT AS FOLLOWS:

THE SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:D IN Section 1.

If the parties are not able to reach an agreement, the public body may require the employee - *AB113_R1* – 3 – to accept a reasonable alternative selected by the public body and the employee may appeal the decision by filing a complaint in the manner set forth in subsection 4.

- 79th Session (2017) – 3 – (a) If the employee is employed by the Executive Department of State Government and is not an employee of an entity described in NRS 284.013, file a complaint with the Employee-Management Committee in accordance with the procedures provided pursuant to NRS(b) 284.384;If the employee is employed by the Legislative Department of State Government, file a complaint with the Director of the Legislative Counsel Bureau;

(b) If the employee is employed by the Legislative Department of State Government, file a complaint with the Director of the Legislative Counsel Bureau;

- *AB113_R1* – 4 – Sec.

3.

NRS 284.384 is hereby amended to read as follows:

The Commission shall adopt regulations whichwhichs: provide for the adjustment of grievances for which a hearing is not provided by federal law or NRS 284.165, 284.245, 284.3629, 284.376 or 284.390 [.] and complaints filed pursuant to section 2 of this act.

provide for the adjustment of grievances for which a hearing is not provided by federal law or NRS 284.165, 284.245, 284.3629, 284.376 or 284.390 [.] and complaints filed pursuant to section 2 of this act.

- 79th Session (2017) – 4 – (c) If requested by an employee or agency, the use of a resolution conference to resolve a grievance [.] or complaint.

(a) Submitting each proposed resolution of a dispute which has a fiscal effect to the Budget Division of the Office of Finance for a determination by that Division whether the resolution is feasible on the basis of its fiscal effects;

- *AB113_R1* – 5 – Sec.

The Board shall provide for an expedited review of a complaint filed by an employee pursuant to subsection 4 of section 2 of this act.

and - 79th Session (2017) – 5 – (d) The determination of bargaining units.

The Board may hear and determine any complaint arising out of the interpretation of, or performance under, the provisions of this chapter by any local government employer, local government employeein orthis employeesubsection organization.and NRS 288.280, and section 3.3 of this act, the Board shall conduct a hearing within 180 days after it decides to hear a complaint.

Except as otherwise provided in this subsection and NRS 288.280, and section 3.3 of this act, the Board shall conduct a hearing within 180 days after it decides to hear a complaint.

- *AB113_R1* – 6 – (a) In which all of the legal issues have been previously decided by the Board, if it adopts its previous decision or decisions as precedent;

or if it adopts its previous decision or decisions as (b) Upon agreement of all the parties.

- 79th Session (2017) – 6 – (d) Discharge or otherwise discriminate against any employee because the employee has signed or filed an affidavit, petition or complaint or given any information or testimony under this chapter, or because the employee has formed, joined or chosen to be representedrep(e) byRefuse anyto employeebargain organization.collectively in good faith with the exclusive representative as required in NRS 288.150.

(e) Refuse to bargain collectively in good faith with the exclusive representative as required in NRS 288.150.

-thereto *AB113_R1*a –new 7section –to Sec.read as follows:

5.amended by adding 1.