Nevada Employment & Labor Law and Litigation Attorneys Serving Corporate Nevada
The relationship between employers and employees is fraught with legal pitfalls. Corporate employers of all sizes and in every industry must remain compliant with the many federal and state requirements applicable to employment statutes and regulations. Because employment and labor law is one of the most heavily litigated areas of practice, it is critical to retain counsel that understands every facet of employment law in order to aggressively defend the employer. McDonald Carano has represented businesses and other clients involved in all phases of the employment relationship, from employee handbooks and employment agreements to wage and hour issues and breach of confidentiality litigation. The results our employment litigation attorneys achieve are among the best in Nevada. Our Employment & Labor Law Practice is led by Kristen Gallagher (Co-Chair), Daniel Aquino (Co-Chair), and Chelsea Latino (Vice-Chair).
Our clients include startups, corporations, public entities, non-profit organizations, trade associations, and public-private partnerships throughout Nevada. We have assisted employers in all sectors of the economy, including insurance, financial services, telecommunications, retail, professional sports, gaming, hospitality, lodging, manufacturing, agriculture, education, technology, energy, transportation, construction, real estate, utilities, healthcare, entertainment, and tourism. We provide operations-focused advice and counsel to Nevada employers, handle investigations and charges from administrative agencies (including EEOC, NERC, DOL, and the Nevada Labor Commissioner), and defend employers in litigated actions.
Our Nevada employment and labor law attorneys, including those recognized as “Best Lawyers” in Reno and Las Vegas as well as “Ones to Watch”, are dedicated to a client-focused approach, one that entails a high level of service and personal attention. We want to know you, your preferences, and your objectives. We are appreciated for our assertive yet pragmatic approach to litigation, mediation, arbitration, labor negotiations and representation before administrative agencies like the Nevada Equal Rights Commission, the U.S. Equal Employment Opportunity Commission, and the U.S. Department of Labor. At the outset of any matter, we uncover and leverage every relevant fact in order to best advise our client. If a complaint lacks merit, we advise defending the case, which often results in disposing of the groundless claims through summary judgment during litigation or at trial.
Our attorneys routinely work on the following types of engagements for Nevada employers:
Advice and counsel on hiring packets, including offer letters
Employee handbooks, including state-specific addenda for multi-state employers
Employment agreements, including commission structures, breach of confidentiality provisions, and non-compete and non-solicitation covenants
Classification of exempt vs. non-exempt employees and employee vs. contractor
Advice and counsel on wage and hour matters (exemptions, overtime, commissions, etc.)
Anti-harassment training (both in-house and external)
Internal investigations
Termination advice and severance agreements
Day-to-day employment advice, such as navigating legalized marijuana and ADA/religious accommodations
Responding to investigations and administrative charges before the Nevada Labor Commissioner, U.S. Department of Labor, OSHA, EEOC, and NERC
Discrimination, harassment, and retaliation litigation
Following are important new bills to be aware of and changes to look for from the last legislative session. AB 165: This bill revises provisions governing payments for a PPD award…
The Hearings Division of the Nevada Department of Administration has a new Senior Appeals Officer, Dean Hardy, Esq. He has been vocal about implementing change and addressing criticism that hearings…
The September 2023 edition of Communique’ magazine features brief summaries of select highlights of legislation passed during the 82nd Session of the Nevada State Legislature 2023. Kristen Gallagher published write-ups…
McDonald Carano proudly announces that 19 areas of expertise in our Reno and Las Vegas offices received the highest “Tier 1” ranking in the U.S. News–Best Lawyers® “Best Law Firms”…
McDonald Carano proudly announces that 12 areas of expertise in our Las Vegas office achieved the highest Tier 1 ranking in the U.S. News–Best Lawyers® “Best Law Firms” 2024 report. “Best…
McDonald Carano congratulates Dan Aquino, Co-Chair of the Employment & Labor Law Practice, on receiving “Ones to Watch” recognition in the 2024 and 2023 editions of The Best Lawyers in…
McDonald Carano proudly announces that 15 of our Las Vegas office lawyers have been selected by their peers for inclusion in the 2024 edition of The Best Lawyers in America® and…
McDonald Carano proudly announces that 21 of our Reno office lawyers have been selected by their peers for inclusion in the 2024 edition of The Best Lawyers in America® and two…
Dan Aquino, Co-Chair of our Employment & Labor Law Practice, is quoted in the July 2023 issue of Of Counsel: The Legal Practice and Management Report. Dan is quoted on…
McDonald Carano is proud to announce that 11 of our attorneys are recognized as “Super Lawyers” and seven are recognized as “Rising Stars” in the 2023 edition of Mountain States…
McDonald Carano is proud to announce that seven of our attorneys are recognized as “Rising Stars” in the 2023 edition of Mountain States Super Lawyers magazine. The list of top…
McDonald Carano congratulates 15 attorneys in our Las Vegas office who are recognized as “Top Lawyers” in the Vegas Inc 2023 list of the “best lawyers in our community as…
In Cadena v. Customer Connexx LLC et al. (No. 2:18-cv-00233, U.S. District Court for the District of Nevada, 5/22/2023), Judge Andrew Gordon ruled that the time call center employees spent…
McDonald Carano congratulates John Fortin, Kiley Harrison, Chelsea Latino, Phil Mannelly, and Jane Susskind on being recognized as “Best Up & Coming Attorneys” in Nevada Business Magazine’s 2023 list of…
McDonald Carano proudly announces that 17 of our attorneys are recognized as “Top Rank Attorneys” in Nevada Business Magazine’s 2023 list of the State’s top attorneys as voted by their…
McDonald Carano proudly announces that more than half of our Partners, Of Counsel, and Senior Counsel have received the Martindale-Hubbell® AV Preeminent® Peer Review Rating™ for achieving “the highest level…
UPDATE – On June 8, 2023, The Eleventh Circuit upheld a ruling ordering an Alabama city to cover four police officers’ unpaid benefits, saying the city was required to offer…
UPDATE: In a March 22 memo to agency staff, the NLRB Office of the General Counsel answered 15 questions regarding the Board’s February 21 decision in McLaren Macomb. The decision…
As a matter of first impression in Freeman Expositions, LLC v. Eighth Judicial District Court (Dec. 1, 2022), the Nevada Supreme Court interpreted whether, under Nevada law, employers must accommodate an employee’s…
On January 5, 2023, in a 3-to-1 vote, the Federal Trade Commission proposed eliminating non-compete provisions in employment agreements, with limited exceptions. The proposed Non-Compete Clause Rule was not entirely…
In an article titled “A Wynn for the Nevada Gaming Commission,” Adam Hosmer-Henner explains the Nevada Supreme Court’s general principle of non-intervention in Nevada Gaming Commission proceedings. Adam’s article is…
Northern Nevada Business Weekly announced the results of its 2022 Best In Business contest and two McDonald Carano attorneys received the two highest numbers of votes in the “Up &…
McDonald Carano proudly announces that 11 women lawyers from eight Practice Groups in our Reno and Las Vegas offices have been recognized in the 2023 edition of Best Lawyers in…
Dan Aquino, Co-Chair of our Employment & Labor Law Practice, is quoted in an article titled “When is an immediate firing justified?” published by the Society for Human Resource Management….
McDonald Carano is an annual Presidential Gold sponsor of the Economic Development Authority of Western Nevada. Our long-term involvement in EDAWN is led by Matt Addison, Managing Partner of our…
The Importance of Employee Disciplinary Policies In an article published in the Las Vegas Sun and Las Vegas Weekly titled “Businesses ignore importance of employee disciplinary policies at their own…
Under Nevada Civil Procedure, the definition of a “final judgment” is relatively simple, but the procedural steps for obtaining a final judgment are not, and the requirements for obtaining relief…
McDonald Carano congratulates Jane Susskind on receiving “Ones to Watch” recognition in The Best Lawyers in America® 2023 and 2024 in Appellate Practice and Commercial Litigation. The award recognizes “extraordinary…
The Nevada Supreme Court’s recent decision in Ceballos v. NP Palace, LLC provides important clarification to Nevada employers navigating the differing state and federal regulations applicable to marijuana use. In…
McDonald Carano congratulates Dan Aquino on receiving “Ones to Watch” recognition from The Best Lawyers in America 2023 in three practice areas – Appellate, Commercial Litigation, and Labor & Employment…
Employee discipline to address misconduct or poor performance can raise significant legal and operational questions for employers, particularly when termination is involved. While appropriate disciplinary polices can vary based on…
McDonald Carano congratulates Pat Lundvall, Chair of our Commercial & Complex Litigation Practice, on her 12th consecutive annual recognition in the “Top 50 Women Super Lawyers” list for the Mountain…
McDonald Carano congratulates Daniel Aquino, Adam Hosmer-Henner, Chelsea Latino and Amanda Perach on being recognized in the 2022 Mountain States Rising Stars list which covers Nevada, Idaho, Montana, Utah and…
McDonald Carano congratulates Chelsea Latino on being recognized by the Nevada Women’s Fund as a Women of Achievement Honoree at the 2022 Salute to Women of Achievement event. The event…
McDonald Carano congratulates 10 attorneys in our Las Vegas office who are recognized as “Top Lawyers” in the Vegas Inc./Las Vegas Weekly 2022 list of the “best in our community…
Navigating a landscape where state workplace laws differ from their federal counterparts remains a daunting challenge for employers with a multi-state footprint. In an article titled “State Laws Muddle Large…
The U.S. Department of Labor announced plans to add 100 investigators to its Wage and Hour Division to build out its enforcement staff and boost enforcement efforts, including “conducting investigations…
McDonald Carano proudly announces having the most attorneys recognized in Nevada Business Magazine’s “Top Rank Attorneys” list for 2022, including four “Best Up & Coming Attorneys.” For the past 15…
McDonald Carano proudly announces earning recertification in Meritas, the leading global alliance of independent full-service business law firms. McDonald Carano joined Meritas in 1990 as a founding member and we…
On March 10, the U.S. Department of Labor Wage and Hour Division issued a Field Assistance Bulletin (FAB) titled “Protecting Workers from Retaliation,” which signals that the DOL will be…
Nevada minimum wage will increase again on July 1, 2022, and on July 1st of each year until 2024. When it does, Nevada employers must notify their employees of the new rate. In A Cab, LLC v….
McDonald Carano proudly congratulates Pat Lundvall, Chair of the Commercial & Complex Litigation Practice, and Leigh Goddard, Chair of the Trust, Estate & Fiduciary Litigation Practice, for achieving the prestigious…
A Georgia federal judge on June 1 tossed Republican-controlled states’ challenge to the Biden administration’s COVID-19 vaccine mandate for federal contractors, after the White House eliminated the requirement. In its…
The Biden Administration issued COVID-19 vaccine mandates for (1) private businesses with 100 or more employees and (2) certain healthcare workers. During the past few months, these federal vaccine requirements…
One of the most common and most important questions about conducting internal investigations is whether the complainant and/or the employee accused of wrongdoing should be placed on paid or unpaid…
UPDATE: On January 25, 2022, the U.S. Department of Labor’s Occupational Safety and Health Administration announced that it is “withdrawing the vaccination and testing emergency temporary standard issued on Nov….
McDonald Carano proudly announces that seven lawyers in our Reno and Las Vegas offices received “Lawyer of the Year” awards in the 2022 edition of Best Lawyers in America. Over…
McDonald Carano shares the exciting news that the Nevada Chapter of Associated General Contractors (AGC) received the 2021 Chapter of the Year Award from the AGC of America. The award…
Nevada’s New Pay Equity and Transparency Law Update for Employment Litigation Attorneys and Labor Lawyers In the 81st Session of the Nevada Legislature, a total of 1,022 pieces of legislation…
McDonald Carano proudly announces that 11 women lawyers from nine Practice Groups in our Reno and Las Vegas offices have been recognized in the 2022 edition of Best Lawyers in…
McDonald Carano proudly announces that 37 of our lawyers have been selected by their peers for inclusion in the 2022 edition of The Best Lawyers in America, the leading peer-review…
McDonald Carano proudly announces that five lawyers in our Reno office received “Lawyer of the Year” awards in the 2022 edition of Best Lawyers in America. The Reno office now…
McDonald Carano is proud to announce that 19 of our litigators in Reno and Las Vegas have been recognized in Best Lawyers in America 2022 in six areas of litigation…
Election Insights from Government Relations and Lobbying Lawyers Casting a ballot is one of the greatest responsibilities we have as Americans and employers have a unique opportunity to educate and…
McDonald Carano proudly announces that Best Lawyers in America 2022 has named Leigh Goddard “Lawyer of the Year” for the Reno metropolitan region in Labor & Employment Litigation. Best Lawyers…
The 2021 Nevada Legislative Session, which adjourned on May 31, 2021, produced several statutory amendments that impact retail employers on key issues, including settlement agreements, wrongful termination, and right to…
The Centers for Disease Control and Prevention defines “long COVID” or “long-haul COVID” as “new, returning or ongoing health problems” that people experience at least four weeks after first being…
As we emerge from the COVID-19 pandemic, employers are developing plans, protocols and policies for bringing employees back to work in the safest way possible. One of the most important…
Women’s History Month is celebrated in March, but all year long McDonald Carano honors the women who lead our practices, provide excellent service to our clients, and assure the professional…
The 2021 Nevada Legislative Session, which adjourned late in the evening on May 31, 2021, produced several legal amendments impacting retail employers on key issues, including paid leave, an employee’s…
Employment & Labor Law Lawyer’s Insights and Advice As the pandemic subsides and vaccinations positively impact the workplace environment, employers are beginning to make plans and create policies, procedures, and…
As the pandemic subsides and employers transition employees back to the workplace and/or hybrid models, many employers are experiencing an increase in the number of accommodation requests and the increase…
Understanding the Two-Tier Nevada Minimum Wage System The Nevada minimum wage increase took place on July 1, 2022, and will increase on July 1 of each year until 2024. As…
June 14th, 2021 (Las Vegas) – McDonald Carano is pleased to announce that Daniel Aquino has joined the firm as an Of Counsel attorney in the Las Vegas office. He…
The Nevada Legislature adjourned its 81st session late in the evening on May 31, 2021. Dozens of employment related bills are of great interest to Nevada’s business community. Lindsay Knox,…
McDonald Carano proudly congratulates Adam Hosmer-Henner, Chelsea Latino, Brian Pick, Brian Schusterman, and Ryan Works for being selected to Nevada Business magazine’s list of “Legal Elite 2021: The Silver State’s…
Las Vegas, Nevada, June 3, 2021 – McDonald Carano LLP is pleased to announce that eleven attorneys from the firm are recognized as 2021 Mountain States Super Lawyers and four…
Kristen Gallagher, Chair of the Employment & Labor Law Practice Group at McDonald Carano, shared her insights and advice in a Law360 article titled “Verifying Vaccination Status: What Employers Need…
Kristen Gallagher, Chair of the Employment & Labor Law Practice Group at McDonald Carano, shared her insights and advice in a Law360 article titled “Six Ways to Improve Employers’ Anti-Harassment…
There is ongoing debate and confusion for employers surrounding employee classification, particularly when it comes to independent contractors. The Fair Labor Standards Act (“FLSA”) requires covered employers to pay nonexempt…
SHRM, March 29, 2021, by Allen Smith, J.D. — As a rising percentage of the population receives vaccines for COVID-19, many employers want employees to return to the workplace. Some employees,…
January 19, 2021, CDC Gaming Reports, Mackenzie Warren noted that employers can generally require employees to be vaccinated as long as it relates to a valid business justification or necessity….
Las Vegas, NV (January 11, 2021) – For quite some time, there has been debate and confusion for employers surrounding employee classification, particularly when it comes to independent contractors. Employers…
Northern Nevada Business Weekly, December 28, 2020, by Kaleb Roedel, for Northern Nevada business owners looking to bring employees back to work and bring customers peace of mind, there’s light…
Law360, November 10, 2020, by Linda Chiem, A former Tesla employee who leaked confidential information about the electric automaker’s alleged production problems has agreed to pay $400,000 to settle Tesla’s…
December 8, 2020, HR Daily Newsletter – SHRM, by Allen Smith, J.D. As COVID-19 vaccines become available, many employers will have a strong case for requiring employee vaccinations, so long…
Pupo’s attorney, Diane Welch of McDonald Carano LLP, said he has not been charged with any wrongdoing related to the licensing process. Full Article Below By Diana Novak Jones Law360…
On August 3, 2020, the Southern District of New York (“SDNY”) ruled that the Department of Labor (“DOL”) exceeded its rule-making authority when it issued regulations (the “Final Rule”) under…
July 17, 2020, Society of Human Resources Management (SHRM) Online News, by Allen Smith, J.D. Workers who are at higher risk for severe illness from COVID-19 because of an underlying…
June 30, 2020, Law360, by Vin Gurrieri Don’t Dictate Terms Even for businesses where workers aren’t unionized, it still behooves employers to avoid simply dictating to workers what returning to work…
June 28, 2020, Las Vegas Sun, by Bryan Horwath Demonstrations calling for police reform and social justice have brought hundreds of thousands of Americans to the streets of cities across the…
June 12, 2020, Law360, by Vin Gurrieri Although employers prepping to reopen as the COVID-19 pandemic continues may want to give particularly vulnerable workers special treatment, newly released guidance from the U.S….
Las Vegas, Nevada, May 31, 2020 – McDonald Carano LLP is pleased to announce that twelve attorneys from the firm are recognized as 2020 Mountain States Super Lawyers and three…
May 14, 2020, Law360, by Vin Guirrieri Thompson & Knight LLP’s recent firing of a document services manager who referenced guns in a Facebook rant lambasting a store’s rule requiring him to…
April 22, 2020, SHRM Newsletter, by Allen Smith, J.D. Even more layoffs may be on the way in response to the coronavirus recession. Are you prepared to make reductions in…
April 6, 2020–The Paycheck Protection Program (PPP), administered by the Small Business Administration (SBA), is a loan program designed to provide a direct incentive for small businesses to keep their…
March 28, 2020–After issuing a smaller set of FAQs earlier this week, the U.S. Department of Labor issued a comprehensive list of questions and answers as employers grapple with various…
McDonald Carano COVID-19 Resources: McDonald Carano will provide information and materials designed to keep employers up to date and informed about the evolving landscape concerning COVID-19 and related matters. –…
February 24, 2020, CDC Gaming Reports, by Howard Stutz– Changes to Nevada’s gaming regulations that provide all employees with increased protection against workplace harassment and discrimination go into effect Sunday. “The language…
February 22, 2020, Las Vegas Review Journal, by Richard N. Velotta – One of the last chapters of the Steve Wynn sexual harassment scandal that began two years ago comes to…
January 14, 2020–McDonald Carano is pleased to announce the promotion of attorneys Rory Kay and Amanda Perach to Partner, effective January 1, 2020. “We congratulate Rory and Amanda as they…
December 25, 2019, Northern Nevada Business View, by Rob Sabo Two new laws coming into play in the new year could spell big changes for Northern Nevada businesses and employers. The Nevada…
December 19, 2019, Law360, by Vin Gurrieri Nevada Limits Pre-Hire Drug Screens California made headlines with laws like A.B. 5 and other statutes that addressed issues such as employment arbitration agreements and…
November 25, 2019, Law360, by Vin Gurrieri– In Nevada, one issue that Reno-based McDonald Carano LLP partner Leigh Goddard said has created a “huge problem” for employers is a law taking effect…
November 1, 2019, McDonald Carano, Nevada’s law firm for businesses and high-net-worth individuals, is pleased to announce the firm has been named one of the country’s “Best Law Firms” in…
October 17, 2019, Law 360, by Vin Gurrieri A recent Fifth Circuit decision allowing a worker to pursue claims that he was illegally fired after jury service shows that missteps related…
April 1, The Writ, “Millennial Minute” Millennials are those who were born between 1981-1996. According to the U.S. Bureau of Labor Statistics, in two years the U.S. workforce will be comprised of approximately…
February 25, 2019, www.shrm.org, by Lisa Nagele-Piazza, J.D., SHRM-SCP, and Allen Smith, J.D. This is the second in a three-part series of articles on contacting former employees for business reasons….
February 11, 2019, Law360, by Vin Gurrieri While the #MeToo movement hasn’t changed the laws prohibiting sexual harassment and discrimination, it has cast a spotlight on gender equity in the…
January 14, 2019, SHRM.org, by Allen Smith, J.D. It’s flu season, and if your employees haven’t started calling in sick yet—either due to their own illness or to take care of a…
January 8, 2019, Las Vegas, NV – McDonald Carano, Nevada’s law firm for businesses and high-net-worth individuals, is pleased to announce that Lucas M. Foletta and Lisa Wiltshire Alstead have…
November 1, 2018, Las Vegas, NV – McDonald Carano, Nevada’s law firm for businesses and high-net-worth individuals, is pleased to announce the firm has been named one of the country’s…
October 1, 2018, Northern Nevada Law Journal, Pages 13, 14 & 15, by Rob Sabo From Supreme court nominees to billionaire sports franchise owners and disgraced comedians, the Me Too movement and sexual…
September 25, National Law Journal, by Erin Mulvaney There’s a wide divide between a public hearing showcasing Ford’s claims and Kavanaugh’s denial and an investigation into sensitive matters such as…
September 4, 2018, Thomson Reuters — Employee performance reviews run the gamut from helpful to the subject of Dilbert-esque scorn and ridicule. Leigh Goddard, co-chair of the employment law practice…
August 29, 2018, New York Law Journal, by Erin Mulvaney– In the wake of the ouster of Barnes & Noble’s chief executive this summer, the retail giant sent out a…
Bloomberg BNA, Article by Martin Berman-Gorvine. Reproduced with Permission. Published Aug 27, 2018. Copyright 2018 by the Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com. Is the answer to the vexing…
Law360, July 30, 2018, By Braden Campbell — From hidden legal liabilities to high-priced compensation pacts for soon-to-be redundant executives, there’s a veritable minefield of employment-related issues capable of stalling…
July 12, 2018, Law.com, By Erin Mulvaney Brett Kavanaugh elevation to the U.S. Supreme Court would put on the bench a veteran judge with deep experience on labor and employment…
Law360, May 7, 2018 By Braden Campbell James Reidy, chair of Sheehan Phinney Bass & Green PA’s employment group, maintains a traditional practice that includes advising employers on wage laws…
Law360.com, March 23, 2018 The past year has brought an increased awareness of the widespread problem of sexual harassment and gender inequality in the workplace. No industry is immune to…
With much of America starting 2018 in the grip of record cold and blizzard conditions, employers should be taking care to avoid missteps that can cause legal trouble, like not…
Is that winky-face or heart eye emoji considered friendly or flirtatious at your office? Emojis have created a tricky new area of employment law that attorneys now must face. In…
GAMING regulators don’t want the Strip to go to pot. Starting this week, they will start talking about how they intend to keep it from doing so. Regulators have said…
An employer likely wouldn’t want an HR professional representing it in court. But what about an attorney heading the HR department? ‘‘I think in a perfect world, it’s an outstanding…
A Nevada federal judge has tossed a case in which a putative class of shepherds working on H-2A visas alleged that several ranches undercut them on minimum wage pay, concluding…
May 1, 2016 Gilda Radner’s comic creation, Roseanne Roseannadanna, pretty much summed up the situation of Nevada’s employers: “It’s always something.” The state’s economic recovery makes good workers harder to…
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