NRS
613.333 Unlawful employment practices: Discrimination for lawful use of
any product outside premises of employer which does not adversely affect job
performance or safety of other employees.
1. It is an unlawful employment practice
for an employer to:
(a) Fail or refuse to hire a prospective employee;
or
(b) Discharge or otherwise discriminate against
any employee concerning the employee’s compensation, terms, conditions or
privileges of employment,
Ê because the
employee engages in the lawful use in this state of any product outside the
premises of the employer during the employee’s nonworking hours, if that use
does not adversely affect the employee’s ability to perform his or her job or
the safety of other employees.
2. An employee who is discharged or
otherwise discriminated against in violation of subsection 1 or a prospective
employee who is denied employment because of a violation of subsection 1 may
bring a civil action against the employer who violates the provisions of
subsection 1 and obtain:
(a) Any wages and benefits lost as a result of
the violation;
(b) An order of reinstatement without loss of
position, seniority or benefits;
(c) An order directing the employer to offer
employment to the prospective employee; and
(d) Damages equal to the amount of the lost wages
and benefits.
3. The court shall award reasonable costs,
including court costs and attorney’s fees to the prevailing party in an action
brought pursuant to this section.
4. The remedy provided for in this section
is the exclusive remedy for an action brought pursuant to this section.
(Added to NRS by 1991,
942)
Notes of Decisions
Ceballos v. NP Palace, LLC, 2022 NV 58 (Nev. 2022).
· cites it 50× “: NRS 613.333 creates a private right of action in favor of an employee who is discharged from employment for engaging in “the lawful use in this state of any product outside the premises of the employer during the employee’s nonworking hours.”
Freeman Expositions, LLC v. Dist. Ct., 2022 NV 77 (Nev. 2022).
· cites it 18× “SUPREME COURT OF NEVADA 2 (0) 1947A aZaiNa employees who use medical cannabis may not bring a claim against their employer under NRS 613.333. Accordingly, the district court properly declined to dismiss real party in interest's claim under NRS 678C.”
Steven O'Brien v. R.C. Willey Home Furnishings (9th Cir. 2018).
· cites it 6× “Plaintiff-Appellant Steven O’Brien (“O’Brien”) appeals from the judgment of the district court in which: (1) the district court denied O’Brien’s motion for partial summary judgement on his Nev. Rev. Stat. § 613.333 claim; and (2) the * This disposition is not appropriate for…”
Steven O'Brien v. R.C. Willey Home Furnishings (9th Cir. 2018).
· cites it 6× “Plaintiff-Appellant Steven O’Brien (“O’Brien”) appeals from the judgment of the district court in which: (1) the district court denied O’Brien’s motion for partial summary judgement on his Nev. Rev. Stat. § 613.333 claim; and (2) the * This disposition is not appropriate for…”
— Nev. Rev. Stat. § 613.333(1) — 2 cases
Ceballos v. NP Palace, LLC, 2022 NV 58 (Nev. 2022).
“: NRS 613.333 creates a private right of action in favor of an employee who is discharged from employment for engaging in “the lawful use in this state of any product outside the premises of the employer during the employee’s nonworking hours.”
Freeman Expositions, LLC v. Dist. Ct., 2022 NV 77 (Nev. 2022).
“SUPREME COURT OF NEVADA 2 (0) 1947A aZaiNa employees who use medical cannabis may not bring a claim against their employer under NRS 613.333. Accordingly, the district court properly declined to dismiss real party in interest's claim under NRS 678C.”
— Nev. Rev. Stat. § 613.333(1)(a) — 1 case
Ceballos v. NP Palace, LLC, 2022 NV 58 (Nev. 2022).
“: NRS 613.333 creates a private right of action in favor of an employee who is discharged from employment for engaging in “the lawful use in this state of any product outside the premises of the employer during the employee’s nonworking hours.”
— Nev. Rev. Stat. § 613.333(1)(b) — 1 case
Ceballos v. NP Palace, LLC, 2022 NV 58 (Nev. 2022).
“: NRS 613.333 creates a private right of action in favor of an employee who is discharged from employment for engaging in “the lawful use in this state of any product outside the premises of the employer during the employee’s nonworking hours.”
— Nev. Rev. Stat. § 613.333(2) — 1 case
Freeman Expositions, LLC v. Dist. Ct., 2022 NV 77 (Nev. 2022).
“SUPREME COURT OF NEVADA 2 (0) 1947A aZaiNa employees who use medical cannabis may not bring a claim against their employer under NRS 613.333. Accordingly, the district court properly declined to dismiss real party in interest's claim under NRS 678C.”
— Nev. Rev. Stat. § 613.333(2)(d) — 1 case
Ceballos v. NP Palace, LLC, 2022 NV 58 (Nev. 2022).
“: NRS 613.333 creates a private right of action in favor of an employee who is discharged from employment for engaging in “the lawful use in this state of any product outside the premises of the employer during the employee’s nonworking hours.”
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