Nevada Employment Law Questions & Answers

Q: Is it legal to work for two employers (one full time, other part time) on H1B?

1 Answer | Asked in Employment Law and Immigration Law for Nevada on
Answered on Apr 20, 2018
Carl Shusterman's answer
Foreign nationals in valid H1B status are eligible to work for multiple H1B employers as long as the additional employer(s) are willing to file a petition for a "Concurrent H1B."

For the benefit of H1B employees who are interested in working with multiple H1B employers, we present here an overview of the Concurrent H1B and the key elements that employers and H1B employees must keep in mind while working in the U.S. under a Concurrent H1B.

Q: Intellectual/Moral Rights Signed to Corporation FOREVER?

1 Answer | Asked in Employment Law, Business Law, Patents (Intellectual Property), Trademark and Intellectual Property for Nevada on
Answered on Mar 16, 2018
Peter D. Mlynek's answer
I think that the assignment of all IP rights forever has to do with assigning all the rights that you produce for the company while you are engaged in an assignment for them. It does not extend to IP rights that you generate during your lifetime after the engagement ended.

You may want to run this by a contract attorney in New South Wales.

Q: Liability for Independent Contractor processing payment checks?

1 Answer | Asked in Employment Law, International Law and Internet Law for Nevada on
Answered on Mar 16, 2018
Richard Sternberg's answer
This is a very common Internet fraud that lawyers have been seeing for at least a year. I used to get a couple such emails a week. I guess they’ve moved on to non-lawyers, because I warned someone off this on Avvo.com last week. Most likely, the checks you receive are bad, but they take 2 weeks to fail to collect, usually because they are international, and by that time, you have issued some or all of the payment from your bank account to the defrauders. You are responsible as indorser for...

Q: My job is saying I have enough money to pay my hospital bills?

1 Answer | Asked in Workers' Compensation and Employment Law for Nevada on
Answered on Sep 18, 2017
David Alan Wolf's answer
You should consult with a Nevada based worker's compensation attorney. There are time limits that apply to the case and the processing of the medical bills. In some jurisdiction, the clock starts ticking after the last treatment related to the worker related injury. In some states, there must be formal action taken within 1 year after the last treatment. This time requirement may or may not apply in Nevada. Do not delay action on this matter. Contact a Nevada based worker's compensation...

Q: Is it possible to obtain a work permit & temporary residence card for work in Poland with a US federal tax lien?

1 Answer | Asked in Employment Law, Immigration Law and Tax Law for Nevada on
Answered on Aug 8, 2017
Michelle D. Wynn's answer
I cannot address whether Poland will issue you a work permit, but as far as the IRS goes, it will not prohibit you from living and working in Poland. You should be aware, however, that for as long as you live outside the United States, the statute of limitations on collecting your tax debt stops running. So, while your tax debt would expire at the end of approximately 10 years if you were living here in the US, while you are in Poland it will never expire. There are also special filing...

Q: will a not showing up to drill because of a medical reason give you a dishonorable discharge?

1 Answer | Asked in Employment Law and Military Law for Nevada on
Answered on Feb 6, 2017
Patrick Korody's answer
You need to show up to drill, even with medical reasons. If you are not fit to perform your drills, the military medical folks will place you in a not physically qualified status. Not showing up will get you involuntarily separated with a less than Honorable discharge.

Q: my Company will not be paying any salary for short/long term disability and have stated that they will not cover my

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Nevada on
Answered on Jan 13, 2017
Peter N. Munsing's answer
Apply for medical assistance. You can buy into your old plan through COBRA. You can go on the ACA website (the deadline doesn't apply to those who have been taken off employers plan). If you have a short term or long term disability plan through work or on your own that should cover it. If you don't, no employer is required to provide it.

Q: Can a decision be reversed in appellate status if evidence are summitted that wasn't giving in prior decision.

1 Answer | Asked in Employment Law and Appeals / Appellate Law for Nevada on
Answered on Dec 20, 2016
Glenn B. Manishin's answer
In both state and federal courts, the rule is that an appeal is based on the trial record (evidence, jury instructions, legal decisions, etc.) and new facts cannot be introduced at the appellate level unless it was impossible to have presented them before the lower court.

Q: I recently signed a work contract with a company, but I wish to leave. I am a 1099 worker, can they sue me?

1 Answer | Asked in Employment Law and Contracts for Nevada on
Answered on Mar 31, 2016
Mr. Michael O. Stevens' answer
Non-compete clauses are common in independent contractor agreements. Otherwise you could work for them and take their client list and then go out on your own. So, there is a high probability it would be enforceable, at least in part. Most states though will limit them to reasonable restrictions, and it does not sound like there is a geographic limit to the contract.

Also, if you move to California, non-compete agreements are basically void on public policy grounds, so you may be able to...

Q: Should a Supervisor be the only person to get terminated for "supposedly" changing an employee's timecard for favors?

1 Answer | Asked in Employment Law for Nevada on
Answered on Mar 23, 2016
Mr. Michael O. Stevens' answer
As a general proposition an employer could fire one person and not fire the other for the same offense. That said, it appears you may have more going on, in which the firing could be related to retaliation and/or be related to race. As such, find a local employment law attorney who offers free consultations to discuss the matter in private.

Q: If a Supervisor is fired for fixing an employee's time in "exchange for favors", shouldn't that employee fired as well?

1 Answer | Asked in Employment Law for Nevada on
Answered on Mar 23, 2016
Marshall Jason Ray's answer
You should consult with a local attorney. Different treatment among employees who commit the same or similar infractions can suggest that there is an illegitimate basis for the more harsh treatment one is receiving compared to the other. Sometimes, however, there are legitimate business reasons for the different treatment. Furthermore, it is illegal for an employer to take adverse action against you on account of your race or in retaliation for a complaint regarding racial discrimination....

Q: Can an employer withhold an employees check due to lack of funds in the company account?

1 Answer | Asked in Employment Law for Nevada on
Answered on Nov 7, 2015
Robert Jason De Groot's answer
Well, if there is no money in the account, how are you supposed to get paid? If they wrote a check it would bounce, right? And that would get them into more trouble, most likely.

Q: who is the best sexual harrassment attourney in las vegas?

1 Answer | Asked in Employment Law for Nevada on
Answered on Nov 4, 2015
Terrence H Thorgaard's answer
Speak to several attorneys in your vicinity. They may want to refer you to someone who does a lot of this kind of thing.

Q: If I'm required to drive for my job 5-10 miles per day - between facilities, does my emp have to pay me mileage?

1 Answer | Asked in Employment Law for Nevada on
Answered on Jan 5, 2015
Janice Jacovino's answer
Your employer is not required to pay you mileage. However, when you drive your personal vehicle as a part of your job, you may claim your mileage and/or wear and maintenance for your personal vehicle as an unreimbursed business expense on your tax return. The easiest way is to keep track of mileage is with a log that notes the date, mileage and reason for the trip. Then you multiply the mileage by the IRS standard business mileage rate. In 2014 this rate was 56 cents and the 2015 rate is 57.5...

Q: What proof do I need to prove age discrimination?

1 Answer | Asked in Employment Law for Nevada on
Answered on Jan 15, 2011
Mr. Lowell J. Kuvin's answer
Age discrimination under Federal law (40 or over) is proven by showing you applied for the position, you were qualified for the position, you were not hired, a person under 40 with less experience was hired. It is a burden shifting, preponderance of the evidence, type trial. The employer will have a chance to explain why you were not hired and then you will have to prove that their reason is untrue and just a pretext to discriminate.

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