SB 312 — Requires an employer in private employment to provide paid leave to employees under certain circumstances. (BDR 53-888)

EXEMPTSenate (ReprintedBill withNo. amendments adopted on May 14, 2019) SECOND REPRINT S.B.

312312–Senators SWoodhouse, ENATECannizzaro, BRatti, ILLParks, NOhrenschall; O.

312–SBrooks, ENATORSCancela, WDondero OODHOUSELoop, ,D. C ANNIZZARO , RATTI , PARKS , OHRENSCHALL ;

BROOKSHarris ,and CANCELAScheible ,CHAPTER.......... DONDERO LOOP , D.

ARRIS AND SCHEIBLE M ARCH 18, 2019 ____________ Referred to Committee on Commerce and Labor SUMMARY—Requires an employer in private employment to provide paid leave to employees under certain circumstances.

(BDR 53-888) FISCAL NOTE:

Effect on Local Government:

Increases or Newly Provides 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.

LegExistingLegislative lawCounsel’s requiresDigest: employers in private employment to pay employees certain minimum compensation and to provide certain benefits, including overtime compensation and meal and rest breaks.

(NRSExisting 608.018,law 608.019, 608.250) Section 1 of this bill requires suchemployers anin employerprivate whoemployment hasto 50pay or more employees incertain thisminimum State,compensation atand a minimum, to provide employeescertain 0.01923benefits, hoursincluding ofovertime paidcompensation leaveand formeal eachand hourrest workedbreaks. that may be used by an employee beginning on the 90th calendar day of use by that employee without providing a reason to his or her employer for suchr use.

(NRS 608.018, 608.019, 608.250) Section 1of this bill requires such an employeeemployer to,who ashas soon50 asor practicable,more giveemployees noticein tothis hisState, orat hera employerminimum, to useprovide theemployees 0.01923 hours of paid leave available for useeach byhour worked that employee.may be used by an employee beginning on the 90th calendar day of employment.

Section 1 provides that an employee may use paid leave available for use by that employee without providing a reason to his or her employer for such her employer to use the paid leave available for use by that employee.otice to his or Section 1 also provides that an employer may:

(2) limit the amount of paid leave that an employee may carry over to another benefit year to a maximum of 40 hours per accruedbenefit leaveyear; at any one time, not to exceed 4 hours.

and (3) set a minimum increment that an employee may use the accrued leave at any one time, not to exceed 4 hours.

Section 1 requires the Labor Commissioner -to *SB312_R2*prepare –a 2bulletin –setting bulletinforth inthese benefits and requires employers to post the workplace.provide at least an equivalent amount of paid leave or paid time off that may beo used for the same purposes and under the same conditions as required by section 1;

Section 1 provides an exception for:

(1) employers who the provide at least an equivalent amount of paid leave or paid time off that may be used for the same purposes and under the same conditions as required by section 1;

toExisting enforcelaw therequires: provisions governing the payment and collection of wages and other benefits;

(1) the Labor Commissioner or his or her representative to enforce the provisions governing the payment and collection of wages and other benefits;

(NRS 608.180)provisions Section 2 of thissection 1.is bill requires the Labor Commissioner to enforce the Existing law provides that any person who violates the provisions governing the payment and collection of sectionwages 1.and other benefits is guilty of a misdemeanor.

the payment and collection of wages and other benefits is guilty of a misdemeanor.

(NRS 608.195) Section 3 of this bill makes a violation of the provisions of section 1 a misdemeanor and authorizes the Commissioner to impose, in addition to any other remedy or penalty, an administrative penalty of not more than $5,000 for each violation.

THE- PEOPLE80th OFSession THE(2019) STATE– OF2 NEVADA,– REPRESENTEDEXPLANATION IN– SENATEMatter ANDin ASSEMBLY,bolded DOitalics ENACTis ASnew; FOLLOWS:

Sectionmatter 1.between brackets [omitted material] is material to be omitted.

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

(c) Paid leave accrued pursuant to subparagraph (2) of paragraph (b) may carry over for each employee between his or her benefit years of employment, except an employer may limit the amount of paid leave for each employee carried over to a maximum of 40 hours per benefit year.

- *SB312_R2* – 3 – (1) Compensate an employee for the paid leave available for use by that employee at the rate of pay at which the employee is compensated at the time such leave is taken, as calculated pursuant to paragraph (e);

- 80th Session (2019) – 3 – (II) Except as otherwise provided in sub-subparagraph (III), include any bonuses agreed upon and earned by the employee;

employee uses to 40 hours per benefit year.paid leave an (g) An employer may set a minimum increment of paid leave, not(h)not Anto employerexceed shall4 providehours, tothat eachan employee onmay eacheuse at any one time.

(h) An employer shall provide to each employee on each payday an accounting of the hours of paid leave available for use by that employee.

(a) An employer shall allow an employee to use paid leave beginningbeg(b) onAn theemployee 90thmay calendaruse daypaid ofleave available for use by that employee without providing a reason to his or her employment.employer for such use.

- *SB312_R2* – 4 – (b) An employee may use paid leave available for use by that employee without providing a reason to his or her employer for such use.

or - 80th Session (2019) – 4 – (c) Retaliate against an employee for using paid leave available for use by that employee.

The bulletin may be included in any printed abstract posted by the employer pur5.antAn employer shall maintain a record of the receipt or accrual and use of paid leave pursuant to NRSthis 608.013.section for each employee for a 1-year period following the entry of such information in the record and, upon request, shall make those records available for inspection by the Labor Commissioner.

accrual and use of paid leave pursuant to this section for each employee for a 1-year period following the entry of such records available for inspection by the Labor Commissioner.se 6.

(a) An employer who, pursuant to a contract, policy, collective bargaining agreement or other agreement, provides employees with a policy for paid leave or a policy for paid time off to all scheduled employees at a rate of at least 0.01923 hours of paid leave per hour of work performed;