Under existing law, whenever an employer: (1) discharges an employee, the wages and compensation earned and unpaid at the time of the discharge become due and payable immediately; and (2) places an employee on nonworking status, the wages earned and unpaid at the time the employee is placed on such status become due and payable immediately. (NRS 608.020) Additionally, existing law provides that whenever an employee resigns or quits his or her employment, the wages and compensation earned and unpaid at the time of the employee's resignation or quitting are required to be paid not later than the day on which the employee would have regularly been paid the wages or compensation or 7 days after the employee resigns or quits, whichever is earlier. (NRS 608.030) Sections 1 and 2 of this bill provide that for the purposes of those requirements, compensation includes, without limitation, fringe benefits. Existing law provides for the imposition of a penalty upon an employer who fails to comply with the requirements pertaining to the payment of wages and compensation of an employee who resigned, quit or was discharged or placed on nonworking status. Under existing law, the wages or compensation of such an employee continues at the same rate until the employee is paid or for 30 days, whichever is less, if the employer fails to pay the wages or compensation, as applicable: (1) for an employee who is discharged, within 3 days after the wages or compensation of the employee becomes due; (2) for an employee who is placed on nonworking status, within 3 days after the wages of the employee becomes due; and (3) for an employee who resigns or quits, on the day the wages or compensation is due. (NRS 608.040) Section 3 of this bill revises the amount of such a penalty and the circumstances under which such a penalty is imposed. Rather than providing for the imposition of the penalty if an employer fails to pay the wages or compensation of an employee who is discharged or the wages of an employee who is placed on nonworking status within 3 days after the wages or compensation becomes due, section 3 provides for the imposition of the penalty if the employer fails to pay the wages or compensation of such an employee not later than 5 p.m. on the calendar day immediately following the day on which the wages or compensation becomes due. Rather than providing that the wages or compensation of the employee continues at the same rate until paid or for 30 days, whichever is less, section 3 requires an employer who fails to pay the wages or compensation of an employee who has resigned, quit or been discharged or placed on nonworking status within the required time to pay the employee an additional amount equal to the amount the employee would receive for 8 hours of work at the rate of 1 1/2 times his or her hourly wage rate for each day or portion of a day that the wages or compensation to which the employee is entitled and any additional amount required by section 3, are not paid or for 30 days, whichever is less. Existing law sets forth procedures by which the Cannabis Compliance Board may take disciplinary action against a licensee or registrant who violates a provision of existing law governing the cannabis industry in this State or any regulation adopted by the Board. (NRS 678A.500-678A.647) Existing law sets forth various disciplinary actions the Board is authorized to take against a licensee or registrant if the Board finds that the licensee or registrant committed such a violation. (NRS 678A.600) Additionally, existing law authorizes the Board to resolve any matter concerning a licensee or registrant who has allegedly committed such a violation by entering into a consent or settlement agreement with the licensee or registrant. (NRS 678A.645) Section 7 of this bill requires a cannabis establishment to comply with all federal and state labor laws. Sections 4 and 6 of this bill prohibit the Board from entering into a consent or settlement agreement with a licensee who has allegedly violated that requirement. Instead, section 5 of this bill requires the Board, if the Board finds that a licensee has violated that requirement, to revoke the license of the licensee.

Statutes affected:
As Introduced: 608.020, 608.030, 608.040, 678A.510, 678A.600, 678A.645, 678B.510
BDR: 608.020, 608.030, 608.040, 678A.510, 678A.600, 678A.645, 678B.510