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2019
Legislative
Impact to
Business
Gordon Law, LLC 2019
"No man's life,
liberty, or
property are
safe while the
legislature is in
session." 
- Mark Twain
Howdidwegethere?
On
election
night 2018,
we went to
sleep in
Nevada,
but woke
up in...
Democrats
secured the
Assembly, the
Senate, & the
Governor's
Mansion.
Then we lost some people.
Indictment #metoo Death
Whathappened?
LegislationAffectingBusiness&
BusinessEntities
AB 207
Rules for Nevada
Corporations & LLCs
AB 347
Reinstatement of
Business Associations
SB 497
Commerce Tax Filings
AB 207 
Clarification of fiduciary duties
of Managers in LLCS
There is now a legislative
basis for piercing the veil of a
Nevada LLC, thus allowing for
personal liability for the
actions/inactions of the
business
A mixed bag
of changes to
corporations
and LLC's
THE GOOD THE BAD
Allows that business entities
may select that claims
regarding management of the
company will be brought in
Nevada
How
should
your
business
respond?
Make sure your Operating
Agreement is revised to take
advantage of the benefits of
the fiduciary duty changes;
Update your Corporate
documents to make sure
Nevada is your forum for
disputes; and
Make sure your understand
how to protect yourself
against personal liability for
the actions / inactions of
your LLC
AB 347 
If the business becomes
delinquent with the State of
Nevada, it may be reinstated
by only paying 25% of the
delinquent fees and
agreeing to pay the balance
over a year.
LOCAL
EMERGING
SMALL BUSINESS
SB 497 
Unless you have to pay the
Commerce Tax (meaning
you have at least $4MM in
gross revenue), you no
longer need to file a
Commerce Tax Return.
Commerce
Tax Filing
The
Assault on
Employers
Pre-Employment
Discrimination
MinimumWage
GenderPayEquity
PaidTimeOff
AB 132 
It is unlawful for any
employer in this State to fail
or refuse to hire a
prospective employee
submitted to a screening
test and the results of the
screening indicate the
presence of marijuana.
Pre-Employment
Discrimination
There are
several,
but the
best one
to use is...
That such a positive
drug test, in the
determination of the
employer, could
adversely affect the
safety of others.
Make sure your handbook
states how safety is directly
required for employees.
Create defined job descriptions
that set forth the safety
components for particular jobs.
Starting July 1,
2020, and
increasing through
2024, minimum
wage will increase
to $11/$12 per hour
July 1, 2020 -- from
$7.25/$8.25 to $8.00/$9.00
per hour
Elimination of exceptions
for sales people on
commission, babysitters,
and domestic service
employees
If you fail to pay properly,
not only does the
employee get to recover
lost wages, but attorney's
fees as well.
SB 166
GenderPayEquity
If there are
accusations of
your business
discriminating
on the basis of
sex
THE NEVADA EQUAL RIGHTS
COMMISSION WILL DETERMINE - NOT A
JUDGE OR JURY - IF YOU HAVE ENGAGED
IN DISCRIMINATORY BEHAVIOR;
THE NEVADA EQUAL RIGHTS
COMMISSION CAN ORDER YOU TO PAY
LOST WAGES AND OTHER ECONOMIC
DAMAGES TO THE EMPLOYEE(S);
THE NEVADA EQUAL RIGHTS
COMMISSION CAN FINE YOU UP TO
$15,000 (IF YOU HAVE 50 EMPLOYEES OR
MORE).
How to protect
your business.
Review your
compensation
structure and hiring
practices.
Maintain records
concerning hiring
and compensation.
DO NOT MAKE ANY
DECISIONS BASED
ON SEX... or any other
protected class.
SB 312
creates a
mandate for
employers
to provide
paid time off
for their
employees
50 or more employees;
0.01923 hours for each hour worked;
A calculation for salaried
employees;
Employee is eligible one he/she has
worked 90 hours;
Carries over year to year, but it can
be capped at 40 hrs / year;
Can mandate that employee takes
at least 4 hours time;
Maintain records of hours accrued
and used for at least 1 year
For the first 2 years of operation, an
employer doesn't need to offer.
For most of the issues affecting
employers, Regulations are still
being written to show how these
new laws will be implemented.
Make sure your
handbooks,
policies, and
procedures are
revised to
address the
new challenges
to employers.
Legislative
Committe of
the
Henderson
Chamber of
Commerce
A COMMITTEE OF PEOPLE
COMMITTED TO ADVOCATING
ON BEHALF OF OF THE SMALL
BUSINESSES IN NEVADA.;
REVIEWS AND TRACKS
NUMEROUS BILLS - OVER 90
THIS SESSION;
SUBMITTED WRITTEN POSITION
STATEMENTS;
TESTIFIED ON AND AGAINST
BILLS;
MET WITH LEGISLATORS
PRIVATELY AND PUBLICLY.
2019 Legislative Impact to Business

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2019 Legislative Impact to Business

  • 2. "No man's life, liberty, or property are safe while the legislature is in session."  - Mark Twain
  • 4. On election night 2018, we went to sleep in Nevada, but woke up in...
  • 5.
  • 7. Then we lost some people. Indictment #metoo Death
  • 9. LegislationAffectingBusiness& BusinessEntities AB 207 Rules for Nevada Corporations & LLCs AB 347 Reinstatement of Business Associations SB 497 Commerce Tax Filings
  • 10. AB 207  Clarification of fiduciary duties of Managers in LLCS There is now a legislative basis for piercing the veil of a Nevada LLC, thus allowing for personal liability for the actions/inactions of the business A mixed bag of changes to corporations and LLC's THE GOOD THE BAD Allows that business entities may select that claims regarding management of the company will be brought in Nevada
  • 11. How should your business respond? Make sure your Operating Agreement is revised to take advantage of the benefits of the fiduciary duty changes; Update your Corporate documents to make sure Nevada is your forum for disputes; and Make sure your understand how to protect yourself against personal liability for the actions / inactions of your LLC
  • 12. AB 347  If the business becomes delinquent with the State of Nevada, it may be reinstated by only paying 25% of the delinquent fees and agreeing to pay the balance over a year. LOCAL EMERGING SMALL BUSINESS
  • 13. SB 497  Unless you have to pay the Commerce Tax (meaning you have at least $4MM in gross revenue), you no longer need to file a Commerce Tax Return. Commerce Tax Filing
  • 16. AB 132  It is unlawful for any employer in this State to fail or refuse to hire a prospective employee submitted to a screening test and the results of the screening indicate the presence of marijuana. Pre-Employment Discrimination
  • 17.
  • 18. There are several, but the best one to use is... That such a positive drug test, in the determination of the employer, could adversely affect the safety of others.
  • 19. Make sure your handbook states how safety is directly required for employees. Create defined job descriptions that set forth the safety components for particular jobs.
  • 20.
  • 21. Starting July 1, 2020, and increasing through 2024, minimum wage will increase to $11/$12 per hour July 1, 2020 -- from $7.25/$8.25 to $8.00/$9.00 per hour Elimination of exceptions for sales people on commission, babysitters, and domestic service employees If you fail to pay properly, not only does the employee get to recover lost wages, but attorney's fees as well.
  • 23. If there are accusations of your business discriminating on the basis of sex THE NEVADA EQUAL RIGHTS COMMISSION WILL DETERMINE - NOT A JUDGE OR JURY - IF YOU HAVE ENGAGED IN DISCRIMINATORY BEHAVIOR; THE NEVADA EQUAL RIGHTS COMMISSION CAN ORDER YOU TO PAY LOST WAGES AND OTHER ECONOMIC DAMAGES TO THE EMPLOYEE(S); THE NEVADA EQUAL RIGHTS COMMISSION CAN FINE YOU UP TO $15,000 (IF YOU HAVE 50 EMPLOYEES OR MORE).
  • 24. How to protect your business. Review your compensation structure and hiring practices. Maintain records concerning hiring and compensation. DO NOT MAKE ANY DECISIONS BASED ON SEX... or any other protected class.
  • 25.
  • 26. SB 312 creates a mandate for employers to provide paid time off for their employees 50 or more employees; 0.01923 hours for each hour worked; A calculation for salaried employees; Employee is eligible one he/she has worked 90 hours; Carries over year to year, but it can be capped at 40 hrs / year; Can mandate that employee takes at least 4 hours time; Maintain records of hours accrued and used for at least 1 year For the first 2 years of operation, an employer doesn't need to offer.
  • 27.
  • 28. For most of the issues affecting employers, Regulations are still being written to show how these new laws will be implemented.
  • 29. Make sure your handbooks, policies, and procedures are revised to address the new challenges to employers.
  • 30. Legislative Committe of the Henderson Chamber of Commerce A COMMITTEE OF PEOPLE COMMITTED TO ADVOCATING ON BEHALF OF OF THE SMALL BUSINESSES IN NEVADA.; REVIEWS AND TRACKS NUMEROUS BILLS - OVER 90 THIS SESSION; SUBMITTED WRITTEN POSITION STATEMENTS; TESTIFIED ON AND AGAINST BILLS; MET WITH LEGISLATORS PRIVATELY AND PUBLICLY.