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Is Your Organization Compliant with the Pregnant Workers’ Fairness Act?

Is Your Organization Compliant with the Pregnant Workers’ Fairness Act?

 

 

 

 

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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Transportation Legislation in Nevada

Transportation Legislation in Nevada

 

 

 

 

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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