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.
(Added to NRS by 2021, 1678)
Structure Nevada Revised Statutes
Chapter 613 - Employment Practices
NRS 613.020 - Fraudulent representations by employment agent or broker: Penalty.
NRS 613.040 - Rule or regulation preventing political activity unlawful.
NRS 613.050 - Penalty; duty of Attorney General.
NRS 613.060 - Responsibility for acts of managers, officers, agents and employees.
NRS 613.070 - Recovery of damages by employee.
NRS 613.080 - Involuntary servitude prohibited; wages; penalty.
NRS 613.100 - Endangering life or property by breaking employment contract: Penalty.
NRS 613.110 - Grafting by employee: Penalty.
NRS 613.160 - Spotters: Right of employee to be confronted with accuser; penalty.
NRS 613.170 - Time checks: Discounts and deductions unlawful.
NRS 613.180 - Hospital fees: Unlawful collection from employee.
NRS 613.190 - Corrupt influencing of employee unlawful.
NRS 613.220 - Assembling and cooperation of employees to secure increases in wages unrestricted.
NRS 613.230 - "Labor organization" defined.
NRS 613.260 - Certain contracts declared illegal and void.
NRS 613.290 - Liability for damages.
NRS 613.300 - Injunctive relief.
NRS 613.350 - Lawful employment practices.
NRS 613.370 - National security.
NRS 613.385 - Preferential treatment in hiring veteran or spouse of veteran permitted.
NRS 613.390 - Inapplicability to employment by certain businesses on or near Indian reservation.
NRS 613.430 - Limitation on actions.
NRS 613.432 - Unlawful employment practices: Relief.
NRS 613.435 - Expedited appeal for certain actions.
NRS 613.4362 - "Reasonable accommodation" defined.
NRS 613.4365 - "Related medical condition" defined.
NRS 613.4368 - Legislative findings and declaration.
NRS 613.4374 - Employer must prove undue hardship for refusal to provide reasonable accommodation.
NRS 613.450 - Provisions inapplicable to State and its political subdivisions.
NRS 613.460 - Adoption of regulations; notice of statutory provisions.
NRS 613.470 - Waiver of rights and procedures void; exception.
NRS 613.480 - Unlawful acts of employer.
NRS 613.490 - Liability of employer to employee; attorney’s fees and costs.
NRS 613.500 - Administrative penalties; penalties are cumulative; injunctive relief.
NRS 613.510 - Exemptions from provisions.
NRS 613.530 - "Consumer credit report" defined.
NRS 613.540 - "Consumer reporting agency" defined.
NRS 613.550 - "Credit information" defined.
NRS 613.560 - "Employer" defined.
NRS 613.600 - Administrative penalties, penalties are cumulative; injunctive relief.
NRS 613.620 - Legislative declaration; wages and benefits not limited; regulations.
NRS 613.710 - "Call center" defined.