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PRACTICE AREAS

EMPLOYMENT LAW +
CRIMINAL DEFENSE ATTORNEY

 
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EMPLOYMENT LAW


Discrimination

Both Federal and Nevada laws protect employees from being harassed or discriminated based on certain characteristics including:

  • Age

  • Color

  • Disability

  • Gender

  • Gender Identity

  • National Origin

  • Pregnancy

  • Race

  • Religion

  • Sexual Harassment

  • Sexual Orientation

We can assist with claims with the Equal Employment Opportunity Commission/Nevada Equal Rights Commission, or in Court. If a claim has not already been filed, you may find more information about discrimination in employment at www.eeoc.gov.


Independent Contractors

With the rise of the “gig economy” and new laws concerning employment, many employers have started labeling their workers as "independent contractors" to avoid paying taxes, minimum wage, or overtime, or to avoid other requirements of the employer/employee relationship. However, there are many factors to determine whether a worker is actually an independent contractor under the law. Making sure a worker is properly classified is crucial to assessing the workers’ rights and the company’s obligations.

Although the central component to determine whether a worker is an employee or an independent contractor ultimately comes down to “control,” many laws and courts have their own set of factors to analyze whether that control exists. We have experience working with workers and companies to make sure that the worker is properly classified to avoid problems with government audits, lawsuits, or other claims.


Overtime / Wages

Oftentimes, employees may be told that they are not entitled to overtime wages (hourly wage + half hourly wage) because they are "exempt" or work on a salary basis. While certain exemptions do exist under the laws, making sure that the right exemption applies is critical to assessing whether an employee is paid properly. Remember, just because an employee is paid a salary does not automatically make him/her exempt from overtime pay.

If you have questions about your own exempt status or if you are an employer with questions about how you  should be paying your employees, give us a call and we'll do an evaluation on the job circumstances, specifics, and context to determine if any exemption applies and if not, whether there could be any consequences.


Wrongful Termination

Generally, in Nevada, employment is considered “at-will” which means that employees may be terminated without cause at any time. However, there are some limited exceptions to this rule. For example, employment may not be terminated in retaliation for:

  • Filing a Workers' Compensation claim

  • Requesting minimum wage or overtime wages under the law

  • Filing a claim against your employer with OSHA

  • Jury Duty

These are just a few of the circumstances under which employment may not be terminated. If you have a specific situation regarding employment termination, please give us a call to assess the situation.


Employment Contracts

When you sign a contract, whether it's to lease an apartment, or to purchase goods and services for your business, you are entering into a legally enforceable agreement to do something that someone else is relying on you do to. Although you may not realize it, many contracts today contain provisions which bind you to a promise you did not know of, or did not intend to make. 

It is important that you know the contents of the document you are signing. To avoid a costly lawsuit later, the cheaper and easier alternative is to have us review the contract before you sign it. Remember, the best way to avoid a problem with your agreement is to know the contents of the written contract. Prevent problems before they arise.


Non-Compete / Non-Solicitation Agreements

Companies will often want to protect their client base and to that end may ask their workers to sign an agreement where in exchange for employment, the worker agrees that for a certain period of time they will not work for a competitor or solicit the company’s customers away from it. These types of agreements come under heavy scrutiny from courts and must be drafted very specifically in order to be enforceable. In Nevada, courts will look at:

  • Whether the agreement is supported by an exchange of something of value (usually the employment itself);

  • Whether the restraint is reasonable for the protection of the employer (is it reasonable in time, geographic scope, and specific to the jobs or tasks that are prohibited);

  • Whether the agreement poses an undue hardship on the employee; and

  • Whether the restrictions are reasonable in relation to the terms of the employment.

Each agreement must be assessed in the context of the employment and restrictions to determine whether it is enforceable; there is no “one-size-fits-all” agreement. We can help evaluate your agreement and advise you on whether it is or is not likely to be enforced.


Unemployment 

Appealing an unemployment decision can sometimes be difficult. Just as you would want a lawyer representing you in court, you will want a lawyer to represent you at that appeal hearing. We have experience navigating the complex procedures, deadlines, and technicalities of the Unemployment Office and will fight vigorously for you at every stage of the appeal.


Other Employment

  • Employee Handbooks

  • Severance Agreements

  • Arbitration Agreements

  • Family Medical Leave of Absence (FMLA)

  • Not listed? Call and ask!


CRIMINAL DEFENSE


Domestic Violence

Nevada law (NRS 33.018) defines domestic violence as violent acts that occur among people who are related to each other in some way – by blood, marriage, dating relationship, or simply by living arrangement. Nevada law states that any amount of touching – no matter how light – is considered battery. Someone accused with a domestic violence offense in Nevada may be facing prison, fines, restraining orders, and counseling.


Drug Charges

If an individual is in possession of drugs, drug paraphernalia, narcotics or controlled substances without a valid prescription in Las Vegas, they can be convicted of a felony offense. Even if the possession is for personal use and not to sell, traffic or distribute the drugs, the alleged offender can still receive severe penalties for a felony drug conviction in Nevada. Because drug possession can incur either state or federal charges depending on the circumstances of the case, this can mean some very serious penalties if a person is convicted in either state or federal court.


DUI

With the reputation of “Sin City” and constant partying, it is no surprise that Las Vegas sees many people faced with a DUI charge. But driving while impaired by drugs or alcohol can lead to serious consequences. You can be charged with a DUI in Nevada if you were operating any motor vehicle, including a motorcycle or moped. And “what happens in Vegas” doesn’t always stay in Vegas - if you are an out-of-state visitor your home state may suspend your license as if you had been charged or convicted of a DUI under that state’s law.


Record Sealing

With our experience with employment law, we are acutely aware of the importance of record sealing when it comes to job hunting and the criminal background checks required by many potential employers. We, therefore, understand the vital impact this process has on employment opportunities. We also know that time is of the essence. One minor error in the paperwork could push the entire process back several months, let our experienced lawyers take care of everything for you.

Learn if you are eligible for record sealing.


Sex Crimes / Solicitation

Many people have the misconception that prostitution is legal in Las Vegas but this is not at all true. Legal prostitution at licensed brothels only exists in a few rural counties in Nevada. Under Nevada law, prostitution is illegal in any county with a population of more than 400,000 people. Despite Las Vegas’ reputation for sex tourism, due to the array of sex-related workers such as exotic dancers, escorts, etc. - prostitution and soliciting a prostitute is illegal in all of Clark County.


Theft Crimes

There are a number of crimes that involve theft in the Nevada code that deal with theft. They range from shoplifting and pick-pocketing to identity theft, fraud and embezzlement. Depending on the value of the items stolen, the theft could be a misdemeanor or a felony. The range of punishment can increase if a weapon was involved or if a person was injured during the theft.


Other Criminal Defense

  • Traffic Violations or Speeding Tickets

  • Driver’s License or Vehicle Registration Suspension

  • Other Misdemeanors - Not listed? Call and ask!


 
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