Hiring New Employees in Nevada: Legal Guidelines for Employers

Create a clear job description that outlines the position's responsibilities, required qualifications, and compensation. Ensure the job posting complies with Nevada's anti-discrimination laws and doesn't include any language that could be interpreted as discriminatory based on protected characteristics.

Develop an application form that collects necessary information from candidates while complying with Nevada employment laws. Avoid questions about age, race, religion, disability, or other protected characteristics. Include authorization for reference checks and verification of employment history.

Interview qualified candidates and select the best fit for the position. Ensure all interview questions comply with Nevada employment laws and avoid questions about protected characteristics. Document the selection process and reasons for hiring decisions to demonstrate non-discriminatory practices.

Draft an offer letter that includes the position title, start date, compensation, benefits, and any contingencies (such as background checks or drug testing). In Nevada, clearly state if the employment is at-will, meaning either party can terminate the relationship at any time with or without cause.

If offering a contract rather than at-will employment, prepare a detailed employment contract. Include terms of employment, compensation, benefits, termination conditions, and any restrictive covenants. Nevada law will enforce reasonable non-compete agreements, but they must be narrowly tailored in scope, geography, and duration.

Create a non-disclosure agreement to protect your company's confidential information and trade secrets. Under Nevada law, NDAs must be reasonable in scope and duration to be enforceable. Clearly define what constitutes confidential information.

If necessary for your business, draft a non-compete agreement. In Nevada, non-compete agreements must be reasonable in geographic scope, time duration, and the activities restricted. They must protect a legitimate business interest and not impose undue hardship on the employee.

Create a form that obtains the candidate's consent for background checks. Under the Fair Credit Reporting Act and Nevada law, you must get written authorization before conducting background checks. The form should be clear about what information will be checked and how it will be used.

After receiving signed authorization, conduct background checks in compliance with federal and Nevada laws. Nevada follows federal guidelines on background checks, but be aware that certain criminal history inquiries may be limited. Wait until after a conditional offer of employment to conduct criminal background checks.

Federal law requires all employers to verify employment eligibility using Form I-9. The employee must complete Section 1 on their first day of work, and you must complete Section 2 within 3 business days of the start date. Examine original documents that establish identity and employment authorization.

Have the employee complete a W-4 form to determine federal income tax withholding. This is required by the IRS for all new employees. Keep the completed form in the employee's file.

Nevada does not have a state income tax, so no state withholding form is required. However, you should document this in your onboarding process for compliance purposes.

Nevada law requires employers to report all newly hired employees to the Nevada New Hire Reporting Center within 20 days of hire. This can be done online through the Nevada Department of Employment, Training and Rehabilitation website. Failure to report can result in penalties.

If you haven't already, register with the Nevada Department of Employment, Training and Rehabilitation for unemployment insurance. All employers in Nevada must contribute to unemployment insurance for their employees.

Nevada law requires all employers to provide workers' compensation insurance coverage for employees. This can be obtained through a private insurance carrier, self-insurance (if qualified), or the state insurance pool. Failure to provide coverage is a criminal offense in Nevada.

Create a form for employees to authorize direct deposit of their paychecks. In Nevada, employers cannot require direct deposit, but can offer it as an option. The form should include bank account and routing information.

Create a form to collect emergency contact information from the new employee. While not legally required, this is a best practice for workplace safety and emergency preparedness.

If offering benefits such as health insurance, retirement plans, or other voluntary benefits, prepare the necessary enrollment forms. Under Nevada law, employers must provide clear information about any benefits offered and the enrollment process.

Ensure your employee handbook is up-to-date with all Nevada-specific employment laws and company policies. Include policies on paid leave, meal and rest breaks, overtime, workplace safety, anti-discrimination, and harassment. Nevada requires employers to provide written notification of certain policies, which can be included in the handbook.

Nevada employers must display certain posters in the workplace, including those related to minimum wage, equal employment opportunity, safety and health protection, and unemployment insurance. These must be posted in a conspicuous location where employees can easily see them.

Nevada law requires employers with 15 or more employees to provide a written or electronic notice to new employees about the Nevada Pregnant Workers' Fairness Act, which provides protections and reasonable accommodations for pregnant employees.

Schedule and conduct an orientation for the new employee to review company policies, procedures, and expectations. Cover safety protocols, emergency procedures, and any industry-specific regulations. Have the employee sign acknowledgments of receipt for all policies and handbooks.

Add the employee to your payroll system. Ensure compliance with Nevada wage and hour laws, including minimum wage requirements ($10.50/hour without health benefits, $9.50/hour with health benefits as of 2023), overtime rules, and payday requirements. Nevada requires employers to pay wages at least semi-monthly.

Organize all employment documents in a secure file. Federal and Nevada laws require certain records to be kept for specific periods. For example, I-9 forms must be kept for 3 years after hire or 1 year after termination, whichever is later. Payroll records must be kept for at least 3 years.