Nevada Business Liability Law Gives Casino Workers Protections

Nevada hotel and casino workers will gain extra protections against exposure to Covid-19 as part of a new law shielding some businesses from liability related to the spread of the virus.

The law (S.B. 4) signed by Gov. Steve Sisolak (D) on Tuesday adds Nevada to a growing list of states aiming to protect businesses that operate during the pandemic. The measure, effective immediately, drew debate over which types of companies and organizations should be immune from some legal claims against them.

The law will help Nevada ensure the hospitality industry survives the pandemic, Sisolak said during a virtual bill signing. Worker protections will help them be safer on the job, and the law protects businesses without providing an “impenetrable shield” against liability claims, he said.

Much of the law focuses on the gaming industry, including directing state and county health officials to adopt and enforce Covid-19 cleaning and other prevention standards for hotels and casinos. Facilities will be required to implement protocols to limit the spread of the coronavirus, such as social distancing, hand washing, and providing employees with free masks.

Hospitality employers also must train staff and give employees exposed to or showing symptoms of Covid-19 testing and up to three days’ paid time off to wait for the results. Employees who contract the virus can take at least 14 days off, with a minimum of 10 of them paid, though employers can request that the state grant exceptions to this.

Affected employers must test new and returning employees for the coronavirus, screen them daily, and notify those who had close contact with a positive Covid-19 case. Violations of the law generally carry fines of $500 to $1,000 per violation, though some facilities are regulated by local governments or gaming regulators.

The Culinary Workers Union Local 226, representing Nevada hospitality workers, backed the provisions. Thirty-two Culinary and Bartenders Union members or their immediate family have died of Covid-19, and more than 300 have been hospitalized as of July 29, union representative Geoconda Argüello-Kline said.

The other major component of the law gives some sectors and industries immunity from civil liability if people experience injury or death related to Covid-19. The included businesses, government bodies, and private nonprofits must follow health standards to be protected from those claims, and immunity would not apply in the case of gross negligence.

The protections don’t cover hospitals, schools, or nursing homes—bringing objections from some of those groups. For health-care facilities, Covid-19 litigation “could decimate our portion of the health care continuum,” said Brett Salmon, president and CEO of the Nevada Health Care Association and Nevada Center for Assisted Living, in written comments.