by admin | Oct 10, 2017 | Allison MacKenzie, Nevada Law
Carson City based attorney, Jordan Walsh is an associate with Allison MacKenzie Law Firm and focuses her practice in the areas of Labor and Employment Law. Jordan is admitted to practice in Nevada and California. Recently, she penned an article for the Northern Nevada Business Weekly Publication on the Pregnant Worker’s Fairness Act. See below.
If you are an employer in Nevada, you probably are well aware that federal law prohibits you from discriminating against employees and/or potential employees on the basis of pregnancy or a pregnancy-related condition. Additionally, you probably already understand that you are required to provide reasonable accommodation to such employees. However, many employers are unfamiliar with the Nevada Pregnant Workers’ Fairness Act of 2017, adopted during the 2017 legislative session, and its impact on interactions between employers and such employees.
In this article, we will review the underlying federal law establishing the baseline for interactions with employees who are pregnant, or suffering from pregnancy related conditions, and discuss how the Act, which went into effect on Oct. 1, 2017, differs from prior law.
In 1978, Congress enacted the Pregnancy Discrimination Act of 1978 (PDA) which expanded protections to pregnant workers provided under Title VII of the Civil Rights Act of 1964. The PDA makes it unlawful for an employer to discriminate against an employee on the basis of pregnancy, childbirth or a related condition.
Subsequently, in 1990 Congress enacted the Americans with Disabilities Act (ADA), which requires employers to provide reasonable accommodations to employees suffering from a disability. Congress further expanded protections under the ADA in 2008 by requiring employers to accommodate temporary disabilities. While pregnancy is not classified as a “disability,” if a pregnancy, or related condition, impairs a woman’s ability to complete her essential job functions, under the 2008 amendment an employer is required to provide reasonable accommodation to assist the employee in completing her essential job functions.
See the complete article at: NNBW
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by admin | Sep 27, 2017 | Allison MacKenzie, Nevada Law, Transportation Law
Justin Townsend an associate with Allison MacKenzie Law Firm in Carson City, recently wrote an informative article addressing legislation affecting the transportation industry in Nevada. The article is titled “Interstate regulations can hit lax taxi, bus, even Uber drivers” and was published in the Northern Nevada Business Weekly.
You can’t talk about the leading industries in Nevada without mentioning tourism and gaming. However, there are a number of ancillary industries in the state that offer critical support to Nevada’s thriving tourist trade. One such industry is transportation, much of which is generally regulated by the Nevada Transportation Authority, which was formed for the purpose of regulating and licensing motor carriers operating in the state. A motor carrier is any vehicle operating on the roads of Nevada for the purpose of transporting persons or property — anything from a taxi, to a limousine service, to tour bus operators, and even tow cars.
For obvious reasons, many key gaming and important tourist spots in Nevada are located near borders of other states — spots like Lake Tahoe and Reno on and near the Northern California border, Wendover on the Utah border, and Las Vegas near the borders of Utah, Arizona, and Southern California. Much of the Nevada transportation industry revolves around transporting tourists in and to these locations.
Commercial motor carriers who transport passengers in these border spots often have to deal with more than just NTA regulations. They may have to contend with neighboring state transportation agencies or even with federal agency regulations. Problems can and do arise for these carriers when they cross borders and inevitably have to navigate state and federal transportation agencies and potentially conflicting laws and regulations.
For instance, a limousine might be chartered to pick up a group of bachelor partygoers from Reno-Tahoe International Airport, take them to check in to their hotel in South Lake Tahoe, California, and then bring them to a casino just across the border in Stateline, Nevada.
see the complete article at NNBW
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by admin | Apr 26, 2017 | Allison MacKenzie
Carson City Attorney, Will Wagner, Explores the Challenges of Running a Family-owned Businesses
Will Wagner with Allison MacKenzie Law Firm specializes in legal Business, Real Estate, Litigation, Appellate, and Administrative Law. A proud Nevada Native, he attended the University of Nevada, Reno. He later earned his law degree from the Sandra Day O’Connor College of Law at Arizona State University where he graduated cum laude.
In his recent article in Northern Nevada Business Weekly, Will explores the challenges of running a family-owned business.
He notes that running a family-owned business can present both advantages and disadvantages while competing in the marketplace. Further, it is vital to understand that family dynamics in a business can add complexity to operations that competitors may not be burdened with. However, the personal and financial payoff can be immense for businesses that overcome common obstacles and pitfalls of working with family members.
Some of Will Wagner’s practical and legal suggestions for successfully operating a family-owned business includeL
Creating Structure:
While family-owned businesses often begin as a hobby or an idea among family members, as the business grows, it is imperative to create a legal structure to operate efficiently. Be sure to establish yours by creating an entity, registering with the Secretary of State’s Office, establishing separate bank accounts, and developing a business plan.
Establishing Clear Roles:
Make these roles as “official” as possible by creating titles and providing business cards. It would be prudent to require a family member to sign the same employment agreement that non-family employees sign, and subject family members to the same performance reviews as non-family employees.
Balancing Family vs Work Time:
Establish clear working hours and keep some family activities work free.
Creating a Succession Plan:
Plan ahead and have an exit strategy.
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by admin | Feb 7, 2017 | Allison MacKenzie, Marketing
Let’s Talk Retirement: Department of Labor’s Final Rule – by Jordan Walsh
Jordan Walsh is an associate with Allison MacKenzie Law Firm with primary practice in the areas of Labor and Employment Law and Civil Litigation. Jordan was admitted to practice in Nevada and California in 2014.
“The way we plan for retirement in the U.S. has changed drastically in recent years. In the past, employees could rely on pensions, which were typically managed by a financial expert, to support them through retirement. Today, for most of us, pensions are things of the past, and we are responsible for making the financial choices that shape our retirement. While this system provides retirement savers the flexibility to make financial choices that are uniquely tailored for their situations, this method of saving is fraught with pitfalls since most of us lack the skills needed to invest savings in a manner that will allow us to efficiently meet our retirement goals. Accordingly, we look to financial advisors to assist us in making smart financial decisions that allow us to reach our retirement goals.
While most of us have good relationships with our financial advisors, statistics suggest that there is a segment of financial advisors who abuse the trust of their clients by putting their own financial gain above their clients. The Department of Labor (“DOL”) and the White House Council of Economic Advisors (“CEA”) estimate that on average conflicts of interest between unscrupulous financial advisors and their clients cause retirement savers to earn one (1) percentage point less annually than would be expected based on the status of the economy and returns. Furthermore, the DOL estimates that such advisors cause their clients to waste upwards of $17 billion of retirement savings yearly on exorbitant fees and lost revenue associated with the purchase of ill-advised financial products resulting from a conflict of interest. Conflicts can occur because financial advisors are not currently held to a fiduciary standard under the law, and have no duty to provide advice that aligns with the client’s financial goals. In fact, it is common for firms and purveyors of financial products to provide financial incentives to advisors whose clients invest in certain financial products.”
Read the complete article at Northern Nevada Business Weekly.
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by admin | Nov 28, 2016 | Allison MacKenzie, Marketing
Will Wagner Joins Allison MacKenzie Law Firm
Fernley Talent Named New Associate Attorney
Fernley native, Will Wagner accepts associate position with Allison MacKenzie Law Firm in Carson City, Nevada, effective September 12, 2016. Committed to providing exceptional service to clients and particularly interested in civil law, Will Wagner will focus his practice in the areas of business, real estate law, employment law, appellate law, commercial litigation, governmental affairs and regulatory law.
“After graduating from Fernley High School, Will attended the University of Nevada, Reno where he began his studies in biochemistry before ultimately deciding to be an attorney and pursuing a degree in political science with a minor in business administration. In 2015, Will obtained his Juris Doctor Degree from Sandra Day O’Connor College of Law at Arizona State University where he graduated cum laude. Dedicated to serving the Northern Nevada community, Will returned to the area and began his legal career as a law clerk for Justice James W. Hardesty at the Supreme Court of Nevada.
Will was admitted to practice in Nevada in 2015 and California in 2016. He is a member of the State Bar of Nevada, the State Bar of California and the Washoe County Bar Association. Additionally, in 2016, Will was admitted to practice in the US District Court for the District of Nevada and the Ninth Circuit Court of Appeals.
Aside from his professional endeavors, Will resides in Reno with his wife and pet cockapoo.
A former president of the Blue Crew student organization at UNR, he follows UNR football and basketball closely. Will enjoys a breadth of activities including cooking, playing and watching sports of any kind, and camping.”
See more at: CarsonNow.org.
About Allison MacKenzie Law Firm
Allison MacKenzie Law Firm’s team of talented and experienced attorneys and staff has worked diligently to position clients for success—throughout the State of Nevada and nationally since 1978. Allison MacKenzie is a general practice law firm committed to providing superior legal representation for individuals, companies and public organizations. The team represents diverse client interests and is proficient at navigating the vast and transforming legal landscape. This comprehensive legal foundation spans extensive legal areas such as: Real Estate, Construction, Estate Planning, Business Law, Governmental Affairs, Litigation, Family Law, Labor Law and much more. The breadth of knowledge, experience and professionalism of Allison MacKenzie provides clients with a solid foundation upon which they can rely.
For more information about the firm, please visit: AllisonMacKenzie.com or call 775.687.0202.
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