As an employer you need to be continually attentive that you are not running afoul of discrimination laws. The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person’s race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information. The federal laws apply holistically in your employment practices, including hiring, firing, promotions, harassment, training, wages and benefits.

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When I was a little girl, I learned my most valuable lessons from the radio. When Neil Sedaka sang the words about breaking up, I believed him. Although he was singing about personal relationships, the message holds true for your relationship with an employee. If it’s time to let the employee go, you need to make sure you don’t make it harder for your business by incurring liability.

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Do you have an employee manual? Do you need one? Let me start to answer that question by stating that if you have an employee manual, you need to abide by it. It is by far preferable to have nothing than to have a manual that you neglect to follow. In the event there are provisions you do not follow and have a disgruntled employee, I can assure you your greatest liability will be those policies and procedures that you are not following.

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As an employer, you are aware that the Department of Labor (DOL) had mandated changes in the overtime rules to take place December 1, 2016. Just in time for Thanksgiving, a United States District Court Judge in Texas entered a preliminary injunction that stopped the implementation of the new rules. Before you pop the champagne, you should know that the future remains murky.

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The Attorney/Client Privilege is one of the oldest, most respected and important privileges. The underlying purpose is to ensure that clients receive accurate and competent legal advice by encouraging full disclosure to their attorney without fear that the information will be revealed to others. It is often misunderstood and clients frequently have questions about what they can share with their attorney. 

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According to a “Las Vegas Review-Journal” article in January 2016, if job creation stays at its current rate, Nevada’s small businesses should reach peak employment by late 2016. Managers within small businesses are looking to fill their ranks with new employees.

If your business is among those looking to grow, you must make sure that you start the process in a way that will enable you to hire qualified individuals without exposing your business to liability.  Employment litigation is one of the fastest growing areas of litigation that employers face. Employers may face legal exposure, not just from conduct after hiring an employee, but from conduct during the hiring process itself. 

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You may have read or heard about the “Panama Papers” and thought it was simply an example of Vladimir Putin’s money laundering. While it is true that the reporting to date primarily details the efforts of foreign public officials and wealthy individuals to hide their assets, the outcry may affect the protections of Nevada’s Limited Liability Companies (LLCs).

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As you are surely aware, as a result of the recent election, recreational marijuana use has become legal in Nevada. Gordon Law has previously written of the challenges that employers had with medical marijuana (please see http://gordonlawlv.com/will-legal-pot-throw-you-into-a-kettle-of-litigation/#.WCSfIskQW6M). Recreational marijuana use may cause additional concerns for employers — this is particularly true if you suspect that one of your employees comes to work impaired.

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When attorney Aviva Gordon says she’s committed to helping small- and medium-sized businesses in Southern Nevada, it’s not just a marketing slogan.

Gordon, who opened her boutique law firm in 2015, gained an audience with Gov. Brian Sandoval to advocate for raising the threshold on the commerce tax from $125,000 in gross revenue to $4 million. The commerce tax was a pet project of Sandoval’s. The tax revenue is to be devoted to funding education in Nevada.

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Sometimes, predatory individuals try to take advantage of the legal system to harm business owners.  Whether it is an individual “slipping” and falling after a self-created hazard on your premises or fabricating some other violation of law, business owners can fall prey to sophisticated opportunists. It has been recently reported that an individual has made a career by threatening and filing lawsuits against numerous businesses for technical violations of the Fair Credit Reporting Act (FCRA) – to date, he has obtained nearly $250,000 in settlements for alleged violations. If you were unaware, the FCRA imposes a number of duties on employers who obtain background checks on applicants. 

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