The Nevada Office of the Commissioner of Labor issued guidance on whether employees should receive pay for the time they spend receiving COVID-19 vaccinations.
The Guidance:
The guidance follows the Fair Labor Standards Act, which states that if an employer requires an employee to get vaccinated, then the time an employee spends obtaining the vaccine, including during non-working hours, is likely to be compensable.
However, if an employer makes the vaccine optional or an employee receives the vaccine without a work-related requirement, the employer should allow the employee to use paid leave, regular leave, or flex time to obtain the COVID-19 vaccine.
Compliance Recommendations:
Employers in Nevada should review their policies, forms, practices, and supervisor training to ensure compliance with the state's guidance. Please contact your dedicated service professional with any questions.