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Summary of difference between federal and state regulations
The Fair Labor Standards Act does not require payment for time not worked. This type of benefit is generally a matter of agreement between an employer and an employee (or the employee’s representative). Employers, however, do need to comply with applicable state laws.
Jury duty
Nevada law doesn’t require private employers to pay employees for jury duty. However, if an employee is summoned for jury duty, the employer can not require the person to use sick leave or vacation time. Also, the employer can not require the person to work within 8 hours before the time the person is scheduled to appear for jury duty.
The employer also can not require the person to work between 5 p.m. on the day of his appearance for jury duty and 3 a.m. the following day, if service lasted for 4 hours or more on the day of the appearance for jury duty, including time going to and returning from the place where the court is held.
Nevada law requires state employees to be paid for jury duty, plus they get to retain any jury duty fees paid to them.
Voting
Nevada law allows employees between one to three hours off to vote depending on the distance to the polling place. Pay deductions are not allowed. This time off for voting doesn’t apply if there is time for the employee to vote before or after work. Employee must request leave of absence prior to the day of election and the employer can specify the hours taken off.
Appear as Witness
Nevada law provides that employers may not deprive the witness or person summoned of his employment. Those who do are guilty of a misdemeanor.
Employees so treated may file a civil suit, and if successful, obtain wages and benefits lost as a result of the violation; an order of reinstatement without loss of position, seniority or benefits; damages equal to the amount of the lost wages and benefits; and reasonable attorney’s fees fixed by the court.
School activities leave
Employee eligibility
The school activities leave applies to employers who employ 50 or more employees. Unlike the federal FMLA, there are no employee eligibility criteria, an employee's child must be enrolled in a public or private school.
Leave entitlement
Employees may take up to four hours of unpaid leave per school year at a time mutually agreed upon by the employer and employee.
Reasons for leave
Leave may be taken in increments of at least one hour for the following reasons:
- Attend parent-teacher conferences,
- Attend school-related activities during regular school hours,
- Volunteer or otherwise be involved at the school in which the child is enrolled during regular school hours, and
- Attend school-sponsored events.
Notice
Employees may be required to provide written request for the leave at least five school days before the leave is taken. Employers may require employees who take leave to provide documentation that during the time of the leave, the employee attended or was otherwise involved at the school or school-related activities.
State
Contacts
Jury duty
Clark, Lincoln, and Nye Counties (Las Vegas): Phoenix District Office
Remainder of state: Sacramento District Office
Voting
Clark, Lincoln, and Nye Counties (Las Vegas): Phoenix District Office
Remainder of state: Sacramento District Office
Appear as witness
Office of the Attorney General
Regulations
Jury duty
Statute §6.190
Administrative Code §284-582
Voting
§293.463 Employees may absent themselves from employment to vote: Procedure; penalty.
Appear as witness
Nevada Revised Statutes, Title 4 – Witnesses and Evidence, Chapter 50 – Witnesses, §50.070 - Termination or threat of termination of employment because of service as witness prohibited; penalty; remedies:
Leave for certain school activities
Nevada Revised Statutes Chapter 392
Federal
Contacts
None.
Statutes/Regulations
None.