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SMALL BUSINESS NEWS

17 May 2013

 

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Nevada Sue Your Boss Act

 

In Nevada a bill is being introduced that will make it easier for employees to sue their employers. The bill will require a court to award certain relief to an employee injured by certain unlawful employment practices under certain circumstances. (BDR 53-561).  SB 180 is a bill being sponsored by Assemblymen Aizley, Healey, Ohrenschall, Elliot Anderson, Hogan, Neal, Pierce, and Swank.

The NFIB is strongly opposed to the bill and stated  that “there seems to be a growing dislike and even distrust of business owners in this state, as evidenced by the numerous bills this session that are attempting to limit an employer’s ability to run his or her business.”  They claimed that the bill should accurately be called the “Sue Your Boss Act”.

Existing law provides that a person who has suffered an injury as a result of certain unlawful employment practices may file a complaint with the Nevada Equal Rights Commission (NRS 613 405).  Existing law also provides that if the Commission does not conclude that an unfair employment practice has occurred, the person alleging such a practice may bring an action in district court.  This bill provides that if a court finds that an employee has been injured as a result of certain unlawful employment practices, the court must award to the employee, in addition to any other legal or equitable relief, damages, loss wages and benefits, cost and attorney’s fees to the extent consistent with Title VII of the Civil Rights Act, 42 U.S.C.

This law will affect small businesses in Nevada with 15 or more employees.  Excluded are Indian tribes,  private clubs, small businesses with out of state employees, and religious organizations.

According to the NFIB “a discrimination case filed against a small-business owner can easily cost the business $70,000 dollars, provided it is settled before going to trial. This amount can cause a small business to close its doors, even if the employer is successful in his or her defense.”

Sources:
NFIB
SB 180 (follow progress)


By Owen Daniels

 

 

 

 

 

 

 

 

 

 
 

 

  
 

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