NRS 613.133 Prohibited acts relating to wage or salary history of applicant for employment; wage or salary information required to be provided to applicant or employee; unlawful employment practices; complaint with Labor Commissioner; penalties; recovery of costs of proceeding.

558 words·~3 min read·/nv/chapter-613-employment-practices/613-133

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. An employer or an employment agency shall not, orally or in writing, personally or through an agent:

(a)Seek the wage or salary history of an applicant for employment;

(b)Rely on the wage or salary history of an applicant to determine:

(1)Whether to offer employment to an applicant; or

(2)The rate of pay for the applicant; or

(c)Refuse to interview, hire, promote or employ an applicant, or discriminate or retaliate against an applicant if the applicant does not provide wage or salary history.

2. An employer or an employment agency, as applicable, shall provide:

(a)To an applicant for employment who has completed an interview for a position, the wage or salary range or rate for the position; and

(b)The wage or salary range or rate for a promotion or transfer to a new position if an employee has:

(1)Applied for the promotion or transfer;

(2)Completed an interview for the promotion or transfer or been offered the promotion or transfer; and

(3)Requested the wage or salary range or rate for the promotion or transfer.

3. Nothing in this section prohibits an employer or employment agency from asking an applicant for employment about his or her wage or salary expectation for the position for which the applicant is applying.

4. It is an unlawful employment practice for:

(a)An employer or an employment agency to violate any provision of this section; and

(b)The governing body of a county, incorporated city or unincorporated town or an appointing authority governed by the provisions of chapter 284 of NRS to violate any provision of NRS 245.0465 , 268.4067 , 269.084 or 284.286 , as applicable.

5. A person may file with the Labor Commissioner a complaint against an employer or employment agency, as applicable, for engaging in an unlawful employment practice specified in subsection 4.

6. In addition to any other remedy or penalty, the Labor Commissioner may impose against any employer or employment agency or any agent or representative thereof that is found to have violated any provision of this section an administrative penalty of not more than $5,000 for each such violation.

7. If an administrative penalty is imposed pursuant to this section, the costs of the proceeding, including, without limitation, investigative costs and attorney’s fees, may be recovered by the Labor Commissioner.

8. As used in this section:

(a)“Employer” means a public or private employer in this State, including, without limitation:

(1)The State of Nevada;

(2)An agency of this State;

(3)A political subdivision of this State; and

(4)Any entity governed by NRS 245.0465 , 268.4067 , 269.084 or 284.286 .

(b)“Employment agency” means any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer.

(c)“Wage or salary history” means the wages or salary paid to an applicant for employment by the current or former employer of the applicant. The term includes, without limitation, any compensation and benefits received by the applicant from his or her current or former employer.