Employee Handbooks - Work Rules - Employee Conduct: Nevada

Federal law and guidance on this subject should be reviewed together with this section.

Author: William R. Dabney and Dora V. Lane, Holland & Hart LLP

Summary

• Nevada is an employment -at-will state. Employees are presumed employed at will unless there are other facts such as handbook language from which it may be legally implied a different arrangement was intended. Employees may not be discharged or retaliated against in violation of established laws or public policy. See At-Will Nature of Employment.
• Employee handbooks should explicitly disclaim any intent to alter at-will employment, to avoid the risk that handbook guidelines may be understood to form a different binding agreement. It is also prudent to include that the at-will employment relationship may be altered only through a written agreement between certain company representatives and the employee. See At-Will Nature of Employment.
• Nevada law restricts an employer from requiring in-person attendance in certain situations. See Employee Attendance.
• In general, larger employers may not interfere with employee rights to use lawful products while off duty such as tobacco. See Employee Privacy.
• Most employers must prohibit smoking on employer premises. See Smoking.
• Private employers not housed in public buildings may ban weapons from the premises. See Weapons.
• Private employers may implement drug/alcohol testing. Public employers are required to follow certain rules and limitations. See Drug and Alcohol Testing.
• Nevada employees have rights with respect to microchip implantation. See Microchip Implantation.
• Most Nevada employers must provide rest and meal breaks, and subject to various exceptions, must pay overtime wages, including for hours over eight in one workday. See Breaks and Meal Periods and Overtime.
• Nevada employers must provide leave for jury and witness duty, and to allow employees to vote. See Leave for Voting, or Jury/Witness Duty.