The End of Every Legislative Session Comes with Its Own Sense of Relief - Retail Association of Nevada
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July 2021 The End of Every Legislative Session Comes with Its Own Sense of Relief By Mary Lau, RAN CEO S OMETIMES, IT’S used this as an opportunity to JUST THAT IT’S avoid fully vetting the OVER, OTHER TIMES bills too. THERE’S ELATION Improper vetting, and others just numb slamming and jamming and exhaustion. partisanship always results in The 2021 Legislative “unintended consequences” Session was probably a some of which end up in mixture of all these emotions. court. This session followed two A good example of the special legislative sessions was the recent violation of and each had its own drama. Continued on page 6 The difficulties manifested due to the COVID-19 Mary Lau lockdowns and the inability committee chairs did not INSIDE of the public to really allocate enough time for fully Father’s Day Sales participate in the process. vetting bills, limiting certain in Nevada........................2 The Democrat majority testimony to as little as two- leadership did work with the Retail Sales to minutes. This style of session Exceed $4.44 Legislative Council Bureau continued throughout the Trillion in 2021................3 to come up with a “plan”. two special sessions as well as This plan made use of the the regular session. New Laws from the existing internet viewing of 81st Legislative Many newbie legislators Session............................5 the various meetings, added have never worked with trade phone call in for testimony association advocates, hired Nevada’s New and also included Zoom lobbyists or even members Employment Laws..........8 capabilities for committee of the public enough to Walmart Partners meetings and floor sessions. fully understand complex With Schools...................9 The proverbial fly in the issues. But then again, many ointment was that many seasoned legislators also
Retail Association of Nevada • www.rannv.org Father’s Day Sales in Nevada: $319 Million RAN F ATHER’S DAY demand.” OFFERED According to A TIME TO the NRF, the most REFLECT AND popular gifts this appreciate all of the Father’s Day were sacrifices the dads in our greeting cards (59.0 lives make. In Nevada, percent), clothing consumers across the state (46.0 percent), a were projected to spend special outing (46.0 a record $319.4 million on percent), gift cards tools, electronics, clothes (45.0 percent) and and other gifts, according personal care (28.0 to the Retail Association of percent). Nevada (RAN). Other gifts Shopping across the on shopping lists supplies ($23.7 million), percent of shoppers as United States for this include books or CDs personal care items well. Father’s Day was expected (26.0 percent), consumer ($22.1 million), tools and Every customer has a to reach $20.1 billion, with electronics (25.0 percent), appliances ($21.2 million), different idea of what is 75.0 percent of Americans home improvement sporting goods ($18.6 important when it comes celebrating and spending supplies (24.0 percent), million) and automotive to picking out gifts for an average of $174.10, tools or appliances (24.0 accessories ($16.7 million) their loved ones. When it according to a recent percent), sporting goods or were also expected to be comes to Father’s Day gifts, survey by the National leisure items (22.0 percent), popular purchases. 45.0 percent of consumers Retail Federation (NRF). automotive accessories Greeting cards noted it was important to “We’re excited to (22.0 percent) and ($14.0 million), books or find a gift that is unique see growing consumer miscellaneous goods (22.0 CDs ($12.4 million) and and different. confidence as all social percent). miscellaneous items ($8.4 Other popular distancing restrictions have Spending on special million) round out the responses included finding now ended in the Silver outings, such as a dinner top categories in terms of a gift that creates a special State,” said Bryan Wachter, with the family, was spending. memory (35.0 percent), Senior Vice President expected to reach $53.0 Shoppers searching finding a gift that is of RAN. “Father’s Day is million in Nevada, making for the right gift this convenient for me continuing the trend of it the top-grossing gift Father’s Day visited a (26.0 percent), finding a strong consumer spending category, according to variety of retailers. Online gift that is cheaper or that we expect to continue NRF estimates. stores (40.0 percent) most cost effective into the summer months Shoppers in the Silver were the most popular (18.0 percent) and other and, hopefully, into the State also spent $47.5 million shopping destination for (9.0 percent). ■ holiday season. The on clothing, $39.6 million on 2021. Department stores biggest challenge Nevada’s gift cards and $37.3 million came in second with See Father’s Day Spending retailers are now facing is on consumer electronics 33.0 percent of shoppers, Graphic on next page. finding employees to help such as laptops. while specialty stores accommodate this surge in Home improvement were expected to see 22.0 2 ◆
www.rannv.org • Retail Association of Nevada Retail Sales To Exceed $4.44 Trillion in 2021 NRF R ETAIL SALES “While May retail Matthew Shay said. “For and 13.5 percent to more REMAINED sales were down slightly, the first five months of than $4.44 trillion for 2021. AT ELEVATED largely due to supply this year, retail sales are While there are downside LEVELS chain constraints, the already tracking 17.6 risks related to labor in May despite month- more accurate indicator percent above the same shortages, supply chain to-month fluctuations remains in the year-over- five months of 2020, giving bottlenecks, tax increases that masked near-record year data which, as the us further confidence and over-regulation, performance according NRF calculates, showed in our newly revised overall, households are to the National Retail growth of over 17 percent,” sales forecast of growth healthier, and consumers Federation. NRF President and CEO between 10.5 percent Continued on page 4 Average Spending on Father’s Day ◆3
Retail Association of Nevada • www.rannv.org Retail Sales Continued from page 3 are demonstrating their 1.3 percent seasonally a year-over-year increase l Furniture and ability and willingness to adjusted from April but of 30.9 percent in April. home furnishings stores spend. We are confident.” up 28.1 percent year-over- NRF’s numbers were up were down 2.1 percent “Month-over-month year. 22.3 percent unadjusted month-over-month comparisons and That compares with year-over-year on a three- seasonally adjusted but up percentages of change increases of 0.9 percent month moving average. 64.7 percent unadjusted simply don’t tell the story,” month-over-month and Unadjusted May sales year-over-year. NRF Chief Economist Jack 53.4 percent year-over-year as calculated by NRF l Sporting goods Kleinhenz said. in April. totaled $388.6 billion, stores were down 0.8 “We are at a highly The year-over-year the second-highest level percent month-over- elevated level of spending, increases for both April of spending on record, month seasonally adjusted with dollar amounts in and May were unusually outpaced only by $414.7 but up 40.9 percent recent months some of high because most billion in December. unadjusted year-over-year. the highest we’ve ever stores were closed by the May sales declined l Health and seen. pandemic during those month-over-month in personal care stores “Long- two-thirds were up 1.8 percent term trends of retail month-over-month in the categories seasonally adjusted and up number but were 25.8 percent unadjusted of dollars up year- year-over-year. spent tell over-year l Building materials much more in every and garden supply about the category stores were down 5.9 continuing except percent month-over- economic grocery month seasonally adjusted recovery stores, led but up 10.1 percent than by usually unadjusted year-over-year. whether large l General sales were up or down months last year. Despite increases at retailers like merchandise stores were from month to month. occasional month-over- clothing, electronics and down 3.3 percent month- Retail sales as calculated month declines, sales furniture stores that were over-month seasonally by NRF were the second have grown year-over-year ordered to close last adjusted but up 9.3 highest on record in May, every month since June spring. Specifics from key percent unadjusted year- topped only by holiday 2020, according to Census retail sectors include: over-year. spending in December. data. l Clothing and l Online and other “Demand has NRF’s calculation clothing accessory non-store sales were continued to be strong of retail sales – which stores were up 3 percent down 0.8 percent month- even as the concentrated excludes automobile month-over-month over-month seasonally impact from government dealers, gasoline stations seasonally adjusted and up adjusted but up 8.2 stimulus has faded. There and restaurants to focus 198.7 percent unadjusted percent unadjusted year- is still pent-up demand on core retail – showed year-over-year. over-year. for retail goods and May was down 1.2 percent l Electronics and l Grocery and consumers are likely to seasonally adjusted from appliance stores were beverage stores were up remain on a growth path April but up 17.3 percent down 3.4 percent month- one percent month- into the summer.” unadjusted year-over-year. over-month seasonally over-month seasonally The U.S. Census That compared with adjusted but up 90.8 adjusted but down 0.2 Bureau said overall retail a month-over-month percent unadjusted year- percent unadjusted year- sales in May were down decline of 0.6 percent and over-year. over-year. ■ 4 ◆
www.rannv.org • Retail Association of Nevada New Laws from the 81st Legislative Session By Liz MacMenamin T HE 81ST who follows the new rules Senate Bill 325 expands LEGISLATIVE will not be held responsible a pharmacist’s ability to SESSION IS for these third-party provide enhanced access OVER AND translations and will not for essential medicines and now RAN will be following be required to verify the clinical care for HIV patients these new laws through the translation. in Nevada. regulatory process. This bill will not become They will now be able to This process will law until July 2022, giving provide expanded, timely, involve the rule making for pharmacies time to hire and convenient access to implementation of the laws. these vendors and change HIV testing and prevention The following healthcare bills the computer programs in through increasing access are the ones that we followed their system. to and use of Pre-Exposure through the legislature and Prophylaxis (PrEP) and Post- now we will be present for Assembly Bill 178 simply Liz MacMenamin Exposure Prophylaxis (PEP). the next step. codifies the emergency patient and the pharmacy The bill also requires directives in place during for the dispensing of this health insurance providers to Assembly Bill 177 requires the COVID pandemic medication. compensate the pharmacy, a pharmacy to provide requiring the insurances Nevada legislators now as a healthcare provider, for directions for dosage in to pay for multiple refills are seeing the value the these services. This bill was languages other than during times of emergency. pharmacist brings to patients signed into law by Governor English. This new law will With this law in place, in our state. Sisolak on June 6, 2021. need to go through the the Board of Pharmacy will This will also go before Board of Pharmacy for now allow this practice Senate Bill 229 is a new law the State Board of Pharmacy regulatory guidance for the if the governor executes that will allow a pharmacist for rulemaking and is pharmacist and pharmacies a state of emergency in to work with a physician to effective October 1, 2021. to understand the intent of Nevada. collaboratively treat patients this bill. The board will also be to help manage conditions This is just a short This will ultimately be writing regulations for this like asthma, chronic summary of the healthcare a large undertaking for the new law, and we will be obstructive pulmonary bills for the 81st session. pharmacies as it will require following this as it moves disease, hypertension, RAN will be attending all the a change in the computer forward. hyperlipidemia, diabetes, regulatory meetings as the systems and to enlist third congestive heart failure and rule making moves forward. party vendors to do the Senate Bill 190 authorizes other healthcare conditions. We will also be sending translations for the different a pharmacist to dispense This law will also be information to members languages, all at a great self-administered hormonal subject to regulations from for feedback during this expense to the business. This contraceptives without a the State Board of Pharmacy. process. If members have bill was modeled originally prescription. This bill was signed into law any questions or concerns after the Oregon law which The State Board of by Governor Sisolak on June regarding these regulations, has not even been able to be Pharmacy will be drafting 2, 2021, for rulemaking. they may always contact me implemented almost three the protocols for this law. This will allow the board at lizm@rannv.org or on years later after becoming law It also requires Medicaid to work on regulations as the my cell phone at 775-720- in that state. and health insurers to effective date is October 1, 2528. ■ Fortunately, a pharmacist provide benefits to the 2021. ◆5
Retail Association of Nevada • www.rannv.org The End of Every Legislative Session Continued from page 1 the constitution by the officials. The lamentations Penney’s because he didn’t appointments with Democrat leadership in about sessions being anti- understand retail – oops SCORE volunteers to see order to avoid the two- business are becoming – thus came Walmart. Sy how to keep the wheels thirds constitutional more and more concrete Redd created this little connected while they requirement for tax as social agendas, national company called Sircoma form, sustain or grow a increases. policies and re-elections later to be known as IGT. business? Answer – so very They lost in court become more important I see no reason to few that it is concerning. and are having to restore as the public that votes vilify success and I do The business of the money that was them into office. resent the opinion that governing needs help. taken unlawfully; which You always hear it is businesses as a whole It used to be that once should have taught them for the children, or my are somehow bad or take people had grown and something, but guess constituents want this, advantage of employees.. stabilized their business again. Now they are but rarely do you get to RAN’s membership then they could consider trying another end run the point where the true includes thousands of running for office to around the constitution social costs and economic other locations, many of actually give back and with a creative law and damage gets considered. which are mom-and-pop serve their constituents. interpretation regarding It’s easy to take a shot businesses that started Now, it’s people with little initiative petitions. at someone’s perceived at their kitchen table, or no real-life experience This destruction of the wealth due to the fact garage or back of a napkin and theories of how constitution has happened that they have a business. planning as engaged by business should be before, and, as a result, And, setting the records SWA. governed. unlawful laws stand unless straight, yes there are tech What is inaccurate and We need more someone sues in court. companies, big box stores, even ignorant is the idea business savvy legislators. As you know, RAN multi-state and multi- that anyone in business is Specifically we need signed on to Senator national interests and that somehow wrong. owners themselves, or Settelmeyer’s suit is across the spectrum There’s plenty of knowledgeable business along with the Senate from retail, manufacturing, lip-service from elected friendly employees to run Republicans, NTA, NFADA trucking, gaming, officials but how many for public office.. and a private business. pharma companies and truly listen? How many We also need critical However, having pharmacies to name a few. have sat down and jelled thinkers that don’t just prevailed in protecting I have to admit that an idea into a thoughtful show up at a caucus the constitution several my business classes that concept? Taken that same meeting to find out if of the Senate minority included case studies concept to the written they are free to vote for or voted on a mining tax this regarding the forming of business plan phase? against a particular piece session which included McDonalds, among others, Used personal credit cards of legislation. State (or a “deal” that may change was fascinating. to form, or even keep a elected policies) should the publics’ right to No one can really business alive? Borrowed not be on a punish/reward petition their government fault a Jeff Bezos for the from friends, family, and/or popularity contest. – another hole in the wealth that came out of neighbors, home equity It should be based on the constitution. his garage book-selling loans ---- you get the highest and best good for A glaring inequity business, Jobs same picture. the public. Period! has become the norm story, as with Gates. Sam How many Think about it! ■ when it comes to elected Walton was fired by JC elected officials made 6 ◆
www.rannv.org • Retail Association of Nevada National Notes RETAIL SALES DOWN taken other unusual steps the option to skip the electronically through 1.3% IN MAY to bring in supplies during checkout line. This is the a single consolidated Retail sales were the last year. first time that Amazon’s settlement. down 1.3% in May. This For example, Home Just Walk Out technology Seemingly, almost according to a report Depot has flown in power will be available in a full- a quarter of the U.S. from the Census Bureau. tools, faucets, electrical size grocery store. No other population pays its bills Retail sales reached components, fasteners and company has launched with cash for various $620.2 billion in May. By other “smaller, higher value similar technology in a full- reasons. Chain Store Age comparison, sales were items” by air freight, while size supermarket. $628.7 billion in April. also purchasing items on Progressive Grocer THANKSGIVING However, on a year- the spot market despite DAY CLOSURES over-year basis, retail sales higher rates according to PAY BILLS IN CASH ANNOUNCED were up 28.1% for the CNBC. AT WALMART Target, Walmart, and month. Additionally, total Home improvement Walmart is expanding Best Buy will close on sales from March 2021 to products saw a huge surge its growing portfolio of Thanksgiving Day. This in May 2021 were up 36.2% in demand during the financial services. The contrast to the closings last from the same period in height of the pandemic. retail giant is teaming up year when the pandemic 2020. The downward blip With lockdown measures with a payments platform made decisions for stores. is expected to disappear in in place, consumers took and financial technology This year stores seemly the coming months. time to do home projects company to let customers are closing due to allowing Retail Leader that may have been make cash bill payments employees to enjoy the on the back-burner to to utility companies and day with family and friends. HOME DEPOT TAKES accommodate a lifestyle other billers at select No worries, all the ON SUPPLY CHAIN with more time spent at Walmart stores. stores will still hold Black FRUSTRATIONS home. Retail Leader Effective August 2021, Friday and have ways for Consumers are waiting users of the PayNearMe consumers to fulfill their for goods – that is no AMAZON SAYS mobile payments app holiday gift lists. secret to anyone who has JUST WALK OUT… will be able to complete Chain Store Age tried to buy appliances, or Amazon is about to bill payment transactions other durable consumer disrupt the American using cash at the AMAZON MAY goods. grocery landscape again. participating Walmart OVERTAKE WALMART Home Depot, who Amazon will open a new locations. AS BIGGEST U.S. has relied upon traditional Marketplace store in To use the service, RETAILER IN 2022 consumer supply chains, Bellevue, Wash., which will Walmart customers will Amazon is set to has addressed this feature checklessoutless show an associate at the overtake Walmart as the frustration by contracting technology. store’s money services or largest retailer in the its own ship to import The store will customer service desk a United States in 2022, supplies and products offer consumers all of scannable code on their according to JP Morgan consumers want. The the departments of smartphone, pay with research. contracted ship will a traditional grocer, cash, and collect a receipt Between 2014 and begin running next including produce, that confirms the payment 2020, Amazon’s U.S. gross month, though the home meat, seafood, prepared is completed. Funds will merchandise volume, or improvement retailer has foods, and bakery, with then transfer to the biller Continued on page 11 ◆7
Retail Association of Nevada • www.rannv.org Nevada’s New Employment Laws: How do the Latest Legal Amendments Affect Retail Employers? By Dan Aquino T HE 2021 extent and under the same condition of using the paid NEVADA conditions that apply to leave. LEGISLATIVE the employee when taking SESSION leave. STATE AND FEDERAL produced several legal FILING DEADLINES – amendments impacting PAID LEAVE EXPANDED, AB 222 retail employers on key INCLUDING FOR AB 222, effective issues, including paid leave, VACCINATIONS – SB 209 immediately, brings an employee’s timeline for As many readers are consistency to state and filing certain claims against aware, Nevada’s paid federal laws regarding an their employers, and an leave law went into effect employee’s deadlines to employer’s obligations on January 1, 2020 and assert claims for unlawful regarding an applicant’s requires employers with discrimination against their Dan Aquino salary history. 50 or more employees employer. to provide paid leave to the employee receives a Under existing law, SICK LEAVE FOR THE employees in accordance one-dose vaccination, two an employee subjected WHOLE (IMMEDIATE) with NRS 608.0197. SB consecutive hours of paid to an unfair employment FAMILY – AB 190 209, effective immediately, leave must be provided. practice under Nevada Beginning on October expands NRS 608.0197 If the employee receives state law (NRS 613.420) 1, 2021, employers and requires employers a two-dose vaccination, must file a lawsuit within that provide paid or to allow employees to two separate blocks of 180 days of the act unpaid sick leave must use their paid leave for two hours each must be constituting the unfair allow employees to use any reason, including provided. employment practice such leave to assist an treatment or diagnosis Employees must occurred, or more than immediate family member of a health condition, provide at least 12 hours 90 days after the Nevada with a medical need. preventative care, or any of notice to the employer Equal Rights Commission Businesses are other personal needs before using such paid (“NERC”) authorizes prohibited from applying related to the health of the leave. Businesses should the employee to file a differing standards when employee. be prepared quickly lawsuit, whichever is an employee seeks to use SB 209 also requires adjust work schedules later. These filing periods their leave for a family employers to provide paid within that time frame, are tolled during NERC’s member’s care. The statute leave to employees for as an employee cannot investigation of the claim. requires that such leave the purpose of receiving be required to find a AB 222 clarifies that be allowed to the same a COVID-19 vaccination. If replacement worker as a Continued on page 11 8 ◆
www.rannv.org • Retail Association of Nevada Walmart Partners With Schools to Administer Pfizer COVID-19 Vaccines to Adolescents Walmart Newsroom W ALMART AND win for both families and community events. emotional challenges, and SAM’S CLUB communities as we work From bringing cold in each case, they took PHARMACIES to provide access to the storage units onsite the time and showed the ARE TEAMING vaccine and end the to safely transport the compassion and patience up with school districts to pandemic. vaccines, to implementing needed to successfully give adolescents their shot So far, we’ve worked a system to collect parental vaccinate each one.” against COVID-19, just in with local school districts to consent, to training our We’re so proud of time for summer. coordinate vaccine clinics pharmacists to address the team who worked to With the recent in dozens of communities vaccine hesitancy, we are administer the thousands authorization of the Pfizer throughout Georgia, working hard to make it of vaccines in the Exeter COVID-19 vaccine for kids Michigan, New Hampshire, safe, convenient and easy Township community, aged 12-15, we’re proud to New Jersey, New York, Texas for people to get protected and we look forward to partner with school districts and Pennsylvania. against COVID-19. supporting clinics with to bring vaccine clinics to We’ve administered But don’t just take my additional schools across families in communities we thousands of vaccines to word for it. Here’s what the country. With every serve around the country. date through these efforts we heard from Kimberly vaccine administered, we The clinics provide and are planning to partner Minor, the superintendent get one step closer to our with for Exeter Township schools, communities and additional School District in Reading, the country fully reponing educators Pennsylvania, who — and that’s a shot worth to bring partnered with our team on taking. our clinics a recent vaccine clinic: To make an to even “From the moment appointment at one of more the clinic opened, I was our more than 5,100 students thrilled with its execution pharmacies administering and … everyone who came the vaccine, our digital families in into the clinic was not appointment scheduler the coming only treated with courtesy (walmart.com/ weeks. and competence but COVIDvaccine or a familiar setting for Setting up a vaccine with genuine kindness samsclub.com/covid) adolescents to get clinic in a school requires and respect. I received is available, or people are vaccinated at their school, some complex logistics numerous compliments on welcome to just walk into as well as a convenient navigation, and I am so the team’s professionalism any Walmart or Sam’s Club location for parents. proud of our Walmart and how they went above pharmacy to get their The clinics are staffed team who has risen to the and beyond to make shot. Currently, only the with the same trusted, challenges before them as each client feel at ease. Pfizer vaccine has been trained pharmacy staff they administer vaccines I saw them work with authorized for those under who support our store in many venues, including clients with significant age 18. ■ pharmacies. It’s a win- pharmacies and through physical, intellectual and ◆9
Retail Association of Nevada • www.rannv.org Important Information for SIG Members NRS requires all existing members of a self-insured group to be notified of all new members. NRNSIG new members are listed below. Carson Home Furnishings Excel Property Maintenance High Desert Small Animal Feed JK Unlimited dba Current Events Pro Fleet Repair LLC We Devour Dirt Inc dba Carpet Shark Fun Facts About July July 1 is Canada Day, a Canadian federal holiday that celebrates the creation of the Dominion of Canada in 1867. July 4 is Independence Day (U.S.). On the fourth of July, we celebrate the adoption of the Declaration of Independence in 1776. Don’t forget to raise the flag! (See American Flag Rules.) July 14 is Bastille Day, which commemorates the storming of the Bastille and the start of the French Revolution. NRNSIG members who wish to register a negative vote on a new group member, please write NRNSIG at 575 S. Saliman Road, Carson City, NV 89701, indicating which member and the reason(s) for the negative vote. “Workers’ comp that works for you” Retail Association of Nevada Membership Information: Find out more about RAN’s self insured group. Call Pro Group, 800-859-3177, 10 ◆ the RAN office at 775-882-1700 (toll free in Nevada 800-690-5959). Don’t forget to check out our website, www. or
www.rannv.org • Retail Association of Nevada National Notes Continued from page 6 GMV — a closely watched new phase of the Covid-19 vanquished. free, secure digital wallet industry metric used to pandemic as people Epidemiologists are for customers to use and measure the total value of settle back into normal concerned its continued share their health data – goods sold over a certain life, this is mainly due to spread globally may spawn starting with COVID-19 time period — has grown vaccines, but public-health dangerous mutations. vaccine information. Select “significantly faster” than authorities are preparing Low-vaccination areas Walmart and Sam’s Club both U.S. adjusted retail for Americans to live with in the U.S. could create locations are enabling sales and U.S. e-commerce it for some time. pockets with elevated customers to securely according to the Many health Covid-19 infection rates store their COVID-19 Morgan analysts. professionals believe for months or years, while vaccine record in their Amazon’s U.S. retail reaching herd immunity highly vaccinated areas pharmacy account on business is the “fastest to be a distant goal, due may achieve a sort of local Walmart.com or Samsclub. growing at scale,” according to varied vaccination rates herd immunity. WSJ com. The vaccine record to the company’s analysts. in the U.S. and uncertainty can be printed, saved on CSA about just how much WALMART PROVIDES a device, or shared at the Covid-19 must be SECURE DIGITAL discretion of the consumer. COVID FADES BUT IS suppressed to effectively RECORD FOR COVID-19 CSN UNLIKELY TO VANISH stop its spread. Covid-19 VACCINATIONS The U.S. is entering a has been suppressed, not Walmart is providing a Nevada’s New Employment Laws Continued from page 8 these requirements apply cant or setting compensa- (2) completed an interview business that relies on a equally to unfair employ- tion. for the position or been staffing agency should en- ment practices under Employers should offered the position; and sure the agency complies federal law (Title VII of the rely on external research (3) requested the wage, with these guidelines, to Civil Rights Act of 1964 regarding market rates, or salary range, or rate for the avoid inadvertently learn- and 42 U.S.C. §§ 2000e et simply ask the applicant to position. ing of any applicant’s salary seq.) and authorizations to provide their salary “ex- While SB 293 does not history. file a lawsuit issued by the pectation” for the position, take effect until October 1, As the legal landscape federal Equal Employment which is explicitly permit- 2021, employers should be for Nevada’s employers Opportunity Commission. ted by the statute. prepared to revise recruit- rapidly evolves, it is more SB 293 requires employ- ment materials (including important than ever that THE SALARY HISTORY ers, following completion written questionnaires and retail employers keep their QUESTION IS HISTORY – of an external applicant’s interview outlines) ac- leave policies and hiring SB 293 interview, to affirmatively cordingly. Likewise, when practices (both external Beginning on October provide the applicant the seeking candidates for any and internal) up to date. ■ 1, 2021, employers will be wage, salary range, or rate position, businesses should prohibited from seeking for the position. Further, ensure wage information is Daniel Aquino is an Of Counsel a job applicant’s wage or internal applicants seeking attorney in McDonald Carano’s readily available for exter- Las Vegas office. He practices salary history. Further, a a promotion or transfer nal and internal applicants commercial and complex liti- prospective employer is must be provided the when required. gation with a focus on employ- prohibited from relying wage, salary range, or rate The provisions of SB 293 ment and labor law. on an applicant’s wage or for a position if the em- regarding employers apply salary history in deciding ployee has (1) applied for equally to employment whether to hire the appli- the promotion or transfer, staffing agencies. Thus, a ◆ 11
PRESORTED STANDARD Retail Association of Nevada U.S. POSTAGE PAID 410 South Minnesota Street RENO, NV Carson City, Nevada 89703-4272 PERMIT NO. 931 Retail Association of Nevada Nevada News Nevada News is published by the Retail Association of Nevada, a nonpartisan, nonprofit corporation founded in 1969 representing the Retail Community, the Chain Drug Council and the Grocery Industry Council. Mary F. Lau President/CEO Bryan Wachter Senior Vice President of Public and Government Affairs Elizabeth MacMenamin Vice President of Government Affairs Andy Peterson Vice President of Government Affairs Piper Brown Director, Finance and Administration Andy Peterson Editor Sue Arzillo, Alphabet Soup Inc. Newsletter Design & Layout Amazon Commits $300 Million to AffordableCSN Housing mazon is funding privately-owned land in the creation of close proximity to public 3,000 new transit. Amazon will affordable work closely with public homes near public transit transit agencies to fund in three metro areas. The development on either company is following up surplus land owned by on its $2 billion Housing the agencies or privately- Equity Fund bay pledging owned land near active more than $300 million to transit corridors to create create an estimated 3,000 new, affordable, and move- new affordable housing in ready homes by as early units on land owned as 2025. ■ by transit agencies or
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