AB 163 — Revises provisions governing employment. (BDR 53-834)

(ReprintedAssembly withBill amendmentsNo. adopted on May 22, 2023) FIRST REPRINT A.B.

163163–Assemblymen AGonzález, SSEMBLYConsidine, BILLNThomas; O.

163–ASSEMBLYMENAnderson, GBrown-May, ONZÁLEZDickman, ,Duran, CONSIDINE,Gray, THardy, HOMASLa ;Rue Hatch, Newby, Nguyen, O’Neill, Orentlicher and Watts Joint Sponsors:

ANDERSONSenators ,Spearman, BROWNNeal, -MD. AY, D ICKMAN , DURAN , G RAY, H ARDY , L A RUE HATCH , N EWBY , N GUYEN , O’N EILL, RENTLICHER AND W ATTS FEBRUARY 14, 2023 ____________ JOINTSPONSORS :

SENATORSHarris; SPEARMAN , NEAL, D.

ARRIS;Lange, Ohrenschall and Scheible CHAPTER..........

LANGE , OHRENSCHALL AND SCHEIBLE ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions governing employment.

(BDR 53-834) 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.

providing for hours of leave, under certain circumstances, if an employee or a family or household member of an employee is a victim of an act which constitutessexualconstitutes sexual assault;

(NRS 200.366) Existing law requires an employer to provide certain hours of leave to an employee who has been employed by the employer for at least 90 days and who is a victim of an act which constitutes domestic violence, or such an - *AB163_R1* – 2 – employee whose family or household member is a victim of an act which constitutes domestic violence and the employee is not the alleged perpetrator.

and (3) requires an employer to maintain a record of the use of the hours of leave for eachinspection employeeby forthe aLabor 2-yearCommissioner.eriod period and to make those records available forExisting inspectionlaw byprohibits the LaborAdministrator Commissioner.of the Employment Security Division of the Department of Employment, Training and Rehabilitation from denying a person unemployment compensation benefits in certain circumstances.

of(NRS the612.3755) DepartmentSection 2 of Employment,this Trainingbill andprohibits Rehabilitationthe Administrator from denying asiona person unemploymentleft compensationemployment benefitsto inprotect certainhimself circumstances.or herself, or his or her family or household1) - 82nd Session (2023) – 2 – member, from an act which constitutes sexual assault;

(NRS 612.3755) Section 2 of this bill prohibits the Administrator from denying a person unemployment compensation benefits if the Administrator finds that the person:

(1) left employment to protect himself or herself, or his or her family or household member, from an act which constitutes sexual assault;

Section 2 also authorizes the Administrator to reqExistingrequest lawevidence requiresfrom anthe employerperson to providesupport reasonablea accommodationsclaim which will not create an undue hardship for anbenefits. employee who is a victim of an act which constitutes domestic violence or whose family or household member is a victim of an act which constitutes domestic violence.

Existing law requires an employer to provide reasonable accommodations which constitutes domestic violence or whose family or household member is an act victim of an act which constitutes domestic violence.

(2) the employee or prospective employee’s family or household member is a victim of an act which constitutes which constitutes sexual assault;assault.ircumstances related to being a victim of an act EXPLANATION – Matter in bolded italics is new;

ormatter (3)between ofbrackets other[omitted circumstancesmaterial] relatedis material to beingbe aomitted. victim of an act which constitutes sexual assault.

An employee who has been employed by an employer for at least 90 days and who is a victim of an act which constitutes domestic violence [,] or sexual assault, or whose family or household member is a victim of an act which constitutes - *AB163_R1* – 3 – domestic violence [,] or sexual assault, and the employee is not the alleged perpetrator, is entitled to not more than 160 hours of leave in one 12-month period.

2.- 82nd Session (2023) – 3 – subsection 1 as follows:use the hours of leave pursuant to (a) An employee may use the hours of leave only:

An employee may use the hours of leave pursuant to subsection 1 as follows:

(a) An employee may use the hours of leave only:

or (4) To establish a safety plan, including, without limitation, any action to increase the safety of the employee or the family or household member of the employee from a future act which con(b) After taking any hours of leave upon the occurrence of the act which constitutes domestic violence [.][,] or sexual assault.assault, an employee shall give not less than 48 hours’ advance notice to his or her employer of the need to use additional hours of leave for any purpose listed in paragraph (a).

(b) After taking any hours of leave upon the occurrence of the act which constitutes domestic violence [,] or sexual assault, an employee shall give not less than 48 hours’ advance notice to his or her employer of the need to use additional hours of leave for any purpose listed in paragraph (a).

- *AB163_R1* – 4 – 4.

Such documentation may include, without limitation, a police report, a copy of an application for an order for protection, an affidavit from an organization whichwhichon provides services to victims of domestic violence or sexual assault or documentation from a physician.

The Labor- Commissioner82nd shallSession post(2023) the– bulletin4 on– the Internet website maintained by the Office of Labor Commissioner, if any, and shallshalle require all employers to post the bulletin in a conspicuous location in each workplace maintained by the employer.

(b) Negate any other rights, remedies or procedures available to an aggrieved(c) party.Prohibit, preempt or discourage any contract or other agreement that provides a more generous leave benefit or paid leave benefit.

(c) Prohibit, preempt or discourage any contract or other agreement that provides a more generous leave benefit or paid leave benefit.

or (4) Parent or other adult person who is related within the first degree of consanguinity or affinity to the employee, or other adult - *AB163_R1* – 5 – person who is or was actually residing with the employee at the time of the act which constitutes domestic violence [.] or sexual assault.

(c) “Sexual assault” has the meaning ascribed to it in NRSNRSSec. 200.366.

Sec.2.6.

2.

- 82nd Session (2023) – 5 – 2.