Your Go-To Resource For Nevada Employment and Labor Law Information
If you are a Nevada employer, it is essential that you have a knowledgeable attorney on your side who can handle employment litigation issues. Employment litigation can cause business owners to divert their attention to legal issues instead of building and expanding their companies.
The majority of employers in the Las Vegas area will have to deal with an employment claim at some point during their business’s lifetime. Employment law claims are often extraordinarily complex and require the assistance of a Nevada attorney with experience handling disputes.
Employers who wait to hire experienced employment lawyers often experience situations that could have easily been prevented had they had effective legal counsel. Waiting to hire an experienced employment lawyer can leave businesses scrambling to find legal counsel that can quickly address their issues, which may prove extremely challenging.
Saltzman Mugan Dushoff, PLLC is a Las Vegas law firm dedicated to helping business owners resolve their employment law cases. Whether you are an established employer or just starting out, you must be proactive and hire an employment lawyer who can deal with legal problems before they can jeopardize your business.
Contact our Las Vegas law office and ask to schedule a consultation to learn more about our employment legal services and how we can protect your business. A qualified member of our dedicated.
What are the Benefits of My Business Having an Employment Attorney?
Employers must protect their hard-earned assets and professional reputation in today’s ever-expanding business world. Nevada employment laws can often be confusing for employers to navigate independently.
One of the most frequently encountered legal issues stems from wrongful termination claims. Employees who feel they have been subject to discriminatory practices can file a grievance with the Equal Employment Opportunity Commission (EEOC) through the Nevada Equal Rights Commission.
Because of the financial impact that employment litigation can have on a company, all business owners must have labor lawyers on their side who will protect their interests.
Other vital reasons that businesses should have employment attorneys representing them include dealing with the following types of claims:
- Wrongful termination
- Discrimination
- Sexual harassment
- Age discrimination
- Workplace harassment
- Wage and hour discrimination
Employment attorneys provide legal representation when business owners need help dealing with labor unions, drafting employment contracts, and violations of the Disabilities Act. Employers who fail to have well-trained legal counsel to advise them often to find themselves fighting to keep their businesses running and suffer damage to their standing in the community.
If you are an employer who does not currently have legal representation, contact our Las Vegas, NV, employment lawyers immediately to schedule a consultation to learn more about our legal services and how we can protect your interests.
How Does the Civil Rights Act Affect Employment Litigation?
The Civil Rights Act of 1964 makes it illegal for employers to fire employees based on race, color, religion, gender, or national origin or being terminated due to pregnancy. Other federal protections include protecting women from being paid less than their male counterparts who perform equal work.
Federal laws that also protect employees against discriminatory practices include:
- Age discrimination against individuals aged 40 or older
- Sexual orientation discrimination
- Sexual harassment discrimination
- Being discriminated against due to disabilities
Employers are often accused of violating the Civil Rights Act through workplace discrimination by employees who feel they have been unfairly targeted. However, before employees can try to file discrimination lawsuits, they must first submit employment law claims to a state or federal agency such as the Nevada Equal Rights Commission.
The legal process involved with discrimination claims can be confusing due to the complexities involved with employment cases. However, one of the easiest ways to prevent discrimination lawsuits is for employers to be proactive in the workplace.
Therefore, every Las Vegas business must have a skilled employment attorney on their side who can periodically review your business’s employment practices,ensuring that they meet federal and state guidelines.
Our Las Vegas employment lawyers have in-depth experience handling and working to prevent discrimination claims and costly employment litigation and would be honored to help you protect your business.
What is Considered Wrongful Termination Under Nevada Law?
Because Nevada is an “employment at will” state, employers have the legal right to end the employment relationship for any reason. However, even though state law subscribes to an at-will employment doctrine, it does not mean employers have the right to violate employee rights protected under the Civil Rights Act. Although many employers are aware they cannot fire employees based on their race, gender, sex, nationality, or sexual orientation, several other actions are prohibited.
For example, Nevada employment laws also prohibit employers from actions considered a breach of contract or refusing to work in unsafe conditions. However, it should be noted that Nevada’s wrongful termination laws generally apply to businesses that employ at least 15 workers.
Some other prohibited actions include:
- Termination in retaliation for raising concerns about workplace safety or violations
- Termination of an employee who must miss work due to jury duty
- Terminating workers who use service animals
- Termination for filing a workers’ compensation claim
Terminated employees who win wrongful termination claims may be entitled to recover back wages, attorneys’ fees and court costs, compensation for pain and suffering, and punitive damages. Finally, a wrongfully terminated employee may be eligible for reinstatement, depending on the case.
Nevertheless, Las Vegas employers may terminate workers when they commit a crime, are constantly late, or are incompetent. That being the case, employers must always be dedicated to keeping accurate records should employment litigation issues arise.
Saltzman Mugan Dushoff, PLLC is a law firm with a proven reputation for obtaining favorable results for businesses dealing with employment litigation issues. If you need further clarification regarding what constitutes wrongful termination or are dealing with an employment law claim, contact our well-qualified Las Vegas legal team, who will gladly answer your questions.
What are the Most Common Mistakes Employers Make in the Workplace?
Las Vegas employers face countless employment claims yearly. Sadly, many of these employment or discrimination claims could be easily prevented by business owners taking preemptive steps to protect themselves.
Some of the most common mistakes that employers make in the workplace include:
- Unpaid wages and overtime: State and federal laws mandate that employees must be paid on time and for overtime hours. Additionally, many employers fail to comply with minimum wage laws that apply to exempt and non-exempt workers or reimburse employees for wage-related expenses, creating unnecessary legal issues.
- Failing to prevent workplace harassment or discrimination: One of the most common legal issues employers face is employee claims regarding workplace harassment or discrimination. Failing to comply with any federal law that prevents discriminatory practices can lead to lawsuits affecting a business’s profitability.
- Failure to create or regularly update an employee handbook: Employers often need to create or regularly update their handbook. The employee handbook is meant to outline policies and prevent workplace discrimination. However, often state, and federal laws change, and failing to update a handbook can lead to a lack of oversight and confusion regarding employee rights.
- Failure to conduct termination meetings: No employer likes the idea of having to conduct termination meetings. However, when employers fail to conduct termination meetings, they miss a critical opportunity to inform workers as to why they are being terminated, provide supporting documentation to support their decisions, and answer any questions that may be posed.
Other critical errors employers make include the human resources department failing to conduct thorough investigations, treating all employees equally as mandated by law, and not obtaining workers’ compensation insurance.
For more information about what policies and practices can lead to potential employment litigation, contact Saltzman Mugan Dushoff, PLLC and ask to schedule a meeting with a qualified legal team member who will gladly assist you.
What Steps Should My Business Take if an Employee Files an Employment Claim for Unpaid Wages?
Employers in Las Vegas, NV frequently encounter employment claims for unpaid wages. One of the most crucial steps any business can take when facing wage and hour claims is hiring a knowledgeable employment litigation attorney to act as its legal representative.
If an unpaid wage claim is filed against your business, you will receive a Notice of Claim letter with a Claim for Wages document. Employers have the option to simply pay the claim and any penalties that may apply.
However, you may dispute wage and hour claims and respond by returning supporting documentation, such as payroll and attendance records, to substantiate your position. Once your response is submitted, the claimant may do one of the following actions:
- Refute the claim
- Meet with you and an investigator to further discuss the claim
In many instances, when both parties meet, they can reach a mutual agreement regarding the claim. However, a determination will be issued if you and the claimant cannot agree.
At this stage of the legal process, if you are ordered to pay the claim but fail to do so, a final order will be issued as a letter to both parties, and the business will be ordered to pay a maximum penalty. If the claim goes unpaid, the debt is handed over to collections.
However, you have the right to appeal the determination by the deadline stated in the letter. If an appeal is made on time, both parties meet with the Nevada Labor Commissioner to resolve the issues. However, if the issue cannot be resolved, you and the claimant will be ordered to appear before the Labor Commissioner for a formal hearing, who will make a final decision.
To protect your legal interests, it is always best to allow an experienced employment law attorney when any type of wage and hour claim is submitted against your business. Contact our Las Vegas law office immediately to schedule a consultation if you need legal assistance with an employment litigation issue.
What Effective Legal Strategies Can Businesses Implement to Deal With Employment Litigation Issues?
Suppose you own and operate a Nevada business. In that case, there are several legal strategies that you can utilize to deal with employment litigation issues and prevent them before they affect your bottom line.
A Las Vegas employment lawyer can assist you with implementing strategies that meet your needs and work to protect your interests. These legal strategies include:
- Provide regular training for management staff and employees: One of the main focuses of training should always be to ensure that staff undergoes training on how to report and deal with workplace discrimination or harassment and information regarding employee rights.
- Compliance: Workers should be in compliance with all applicable employment laws with a focus on anti-discrimination and overtime and minimum wage laws.
- Routine audits and risk assessments: Identifying and preventing potential threats is critical to ensure a business runs smoothly and offers a safe work environment for employees.
- Documentation: Every employer must implement a system that accurately documents employment decisions, including comprehensive job descriptions, disciplinary actions, and performance evaluations.
- Prompt communication: Employers must strive to communicate promptly with their employees. Responsive communication can help employees feel their needs and concerns are heard and addressed rather than ignored.
It is important to remember that every business has unique needs when it comes to employee relations. Therefore, it is always good practice to allow an employment attorney to assess potential risks.
Saltzman Mugan Dushoff, PLLC has comprehensive experience helping businesses identify risks to prevent potential employment litigation issues.
Why Should I Trust Your Employment Lawyer to Help My Business Resolve its Legal Issues?
Las Vegas employers prefer to avoid dealing with time-consuming and costly employment law issues. However, many attorneys in Las Vegas make their living representing employees and will fight aggressively to help clients win their employment law cases.
As a result, employers must have skilled legal representation who can help them defend their reputation and ensure their business runs smoothly and efficiently.
Saltzman Mugan Dushoff, PLLC is a Las Vegas law firm that has earned a reputation for successfully helping businesses obtain favorable outcomes for employment litigation issues. Whether your business is dealing with a wrongful termination claim or employment contract dispute, our Las Vegas employment lawyers can provide the legal representation you need to resolve your issues.
When you come to us for help, we will thoroughly evaluate the employment litigation issue to determine a viable solution for both parties. We have the knowledge and experience to develop creative legal strategies to meet your needs and those of the employee.
However, if we cannot reach a mutual agreement, we are prepared to take the case to court to protect your legal rights as an employer.
If you want more information regarding employment law and litigation, contact Saltzman Mugan Dushoff, PLLC of Las Vegas, Nevada, at 702-330-3441 to schedule a consultation with a highly trained attorney who will advise you of your rights.