Nevada Employment Screening Overview
Nevada has moderate employment screening regulations, with public employers subject to ban-the-box rules delaying criminal history inquiries, a statewide salary history ban covering all employers, and restrictions on credit checks unless reasonably job-related.
Employers should also be aware of pre-employment marijuana testing limitations for most positions and petition-based record sealing laws (NRS Chapter 179) that affect background check results; federal requirements and local ordinances may still apply.
What's Permitted
- Credit checks permitted for private employers when reasonably job-related
- E-Verify participation is voluntary; no state mandate exists (AB94 failed April 2025)
- Criminal history questions permitted on initial applications for private employers
- Employers may ask applicants about salary expectations; must provide wage/salary range after interview
What's Prohibited
- Refusing to hire based on pre-employment marijuana test results, except for safety-sensitive positions
- Requesting salary history from job applicants or using it in pay decisions
- Using credit reports for hiring unless reasonably related to the position sought
- Asking about criminal history on initial applications for public employers
Ban the Box Laws
Public Employers OnlyStatus Summary
Nevada’s Ban the Box (AB 384; NRS 284) applies to public employers only; inquiries delayed until post-final interview/conditional offer; exceptions: peace officers, firefighters, CJIS access; individualized assessment, certain records excluded; enforced by NERC; private employers not covered. https://www.leg.state.nv.us/App/NELIS/REL/79th2017... https://www.leg.state.nv.us/NRS/NRS-284.html https://detr.nv.gov/Page/Equal_Rights_Commision
Key Requirements
Assembly Bill 384 (NRS 284)
Nevada statewide Ban the Box law:
- Public employers only.
- No criminal-history questions on applications.
- Consider criminal history after final offer.
- Assess job-relatedness, severity, time, age, rehabilitation.
- Exclude arrests, sealed records; peace-officer exceptions.
Sources: AB 384 text (leg.state.nv.us) https://www.leg.state.nv.us/App/NELIS/REL/79th2017... NRS Chapter 284 https://www.leg.state.nv.us/NRS/NRS-284.html, NERC Ban the Box Guide https://detr.nv.gov/Content/Media/Ban_the_Box_Guid...
Ban the Box Best Practices for Nevada Employers
- Do not ask criminal-history questions on initial job applications
- Include mandated statement that convictions won't necessarily bar employment
- Delay criminal-history inquiries until final interview, conditional offer, or certification
- Exclude arrests, sealed/dismissed convictions, and minor non-jail misdemeanors
- Conduct individualized assessments; document job-relatedness and provide written notice
Salary History Ban
StatewideNRS 613.133 (Senate Bill 293)
Nevada statewide salary-history ban effective October 1, 2021: https://www.leg.state.nv.us/nrs/nrs-613.html
- Prohibits seeking applicants' wage history
- Prohibits relying on wage history
- Allows asking pay expectations
- Must disclose wage range after interview
- Voluntary disclosure: statute ambiguous
NRS 613.134
Enforcement and remedies under Nevada law: https://www.leg.state.nv.us/nrs/nrs-613.html
- Enforcement by Nevada Labor Commissioner
- Administrative penalties up to $5,000
- Commissioner may recover investigation costs
- 180-day complaint → right-to-sue option
NRS 245.0465 (Counties)
County employer rules mirroring state law: https://www.leg.state.nv.us/NRS/NRS-245.html
- Applies to county employers
- Mirrors private-employer restrictions
- Same enforcement framework applies
NRS 268.4067 (Cities)
City employer rules mirroring state law: https://www.leg.state.nv.us/NRS/NRS-268.html
- Applies to incorporated city employers
- Mirrors state statute prohibitions
- Same compliance requirements
NRS 269.084 (Unincorporated Towns)
Unincorporated town employer rules: https://www.leg.state.nv.us/NRS/NRS-269.html
- Applies to unincorporated town employers
- Mirrors state salary-history ban
- Follows same enforcement mechanisms
NRS 284.286 (State Employees)
State employee compensation protections: https://www.leg.state.nv.us/NRS/NRS-284.html
- Applies to State of Nevada employers
- Mirrors private-employer restrictions
- Covers state employee hiring and pay decisions
Salary History Best Practices for Nevada Employers
- Do not seek applicants' wage or salary history
- Do not rely on salary history to set pay
- Ask only about applicants' salary expectations
- Disclose wage or salary range after interview completion
- Train staff and update hiring policies and forms
Consumer Credit Checks
RestrictedNevada (NRS 613.520–613.600; effective Oct 1, 2013) prohibits most employer credit checks except when required by law, for reasonable suspicion, or reasonably related to job duties; penalties up to $9,000/violation; private/class suits. https://www.leg.state.nv.us/nrs/nrs-613.html https://www.leg.state.nv.us/Session/77th2013/Bills...
Key Requirements
Nevada Revised Statutes 613.520–613.600 (SB 127)
State law restricting employer credit checks:
- Credit reports generally prohibited for employment.
- Permitted when required by law.
- Allowed with reasonable suspicion of illegal activity.
- Allowed when reasonably related to job.
- Penalties: up to $9,000 per violation.
Sources: NRS 613.520–613.600 — https://www.leg.state.nv.us/nrs/nrs-613.html
Fair Credit Reporting Act (FCRA)
Federal requirements for consumer reports in hiring:
- Standalone written authorization required.
- Provide pre-adverse notice and report copy.
- Applicant may dispute inaccurate report entries.
- Certain records limited by timeframes.
Source: FTC FCRA guidance — https://www.ftc.gov/business-guidance/resources/wh...
Credit Check Best Practices for Nevada Employers
- Generally prohibit credit checks unless a statutory exception applies
- Allowed if required by law, reasonable suspicion, or job-related
- Follow FCRA: standalone authorization and pre-adverse/adverse notices
- Document position-by-position business justification for credit information
- Avoid adverse actions or retaliation; penalties up to $9,000
Marijuana Protection
Medicinal Marijuana
Nevada bars most employers from refusing to hire based on a positive pre-employment marijuana screening test under NRS 613.132, subject to safety-sensitive and federal-law/grant exceptions; employees tested within 30 days may pay for a retest.
Recreational Marijuana
Nevada generally cannot refuse to hire based solely on a positive pre-employment marijuana screening test under NRS 613.132, with safety-sensitive and federal-law/grant exceptions. Off-duty “lawful product” protections under NRS 613.333 don’t cover recreational marijuana (Ceballos, 2022).
Drug Testing Regulations
Nevada permits employer drug testing; AB132 (effective Jan 1, 2020) generally bars pre‑employment marijuana disqualification (exceptions: safety‑sensitive roles, federal contractors/grantees, some public positions). State employees follow NRS Ch. 284. 2022 NV Supreme Court: NRS 613.333 doesn’t protect recreational marijuana.
Permitted Testing Types
Pre-Employment
Allowed generally; pre-employment marijuana testing restricted by NRS 613.132.
Random Testing
Permitted generally for private employers; limited for some public roles.
Reasonable Suspicion
Allowed with objective, documented indicators; training required for supervisors.
Post Accident
Allowed after workplace incidents; state law mandates in certain cases.
Workers' Compensation Discount
Research found no Nevada statute creating a workers' compensation premium discount tied to employer drug‑testing programs.
Employers should confirm with insurers or Nevada authorities for any carrier‑specific discounts; none identified in sources.
Best Practices
- Exclude marijuana from pre-employment panels for non-exempt roles
- Allow employee-paid retest within thirty days after positive marijuana
- Maintain supervisor training and documentation for reasonable-suspicion testing
- Keep test results confidential; store separate from personnel files
- Honor federal mandates, safety exceptions, and contract provisions
Clean Slate Laws
NoNevada remains petition‑based under NRS Chapter 179 — no automatic sealing; statutory waiting periods (NRS 179.245) apply; sealed records generally excluded from private employer background checks (see RCCD).
NRS Chapter 179: https://www.leg.state.nv.us/nrs/nrs-179.html
RCCD guidance: https://www.rccd.nv.gov/fees-forms/criminal-histor...
E-Verify Requirements
VoluntaryWho Must Use E-Verify
Private Employers [NRS Chapter 613]
Nevada imposes no statewide E-Verify mandate for private employers; only federal I-9 obligations apply.
https://www.leg.state.nv.us/nrs/nrs-613.html https://hr.nv.gov/Resources/Publications/HR123/oth...
Federal Contractors [Federal E-Verify (DHS/USCIS)]
Federal contractors must comply with applicable federal E-Verify or contract-specific clauses; Nevada imposes no separate state E-Verify requirement.
https://www.uscis.gov/e-verify https://www.dol.gov/sites/dolgov/files/WHD/legacy/...
Any other relevant groups [AB94 (failed April 12, 2025)]
AB94, which would have required E-Verify for public-works contractors, failed April 12, 2025; Nevada currently has no public-works E-Verify mandate.
https://www.leg.state.nv.us/App/NELIS/REL/83rd2025... https://www.leg.state.nv.us/Session/83rd2025/Bills... https://www.leg.state.nv.us/nrs/nrs-338.html
Background Check Regulations
Federal FCRA requirements govern use of consumer reports for hiring. Nevada also imposes state rules—e.g., "Ban the Box" limits on when employers may ask about criminal history—so employers must follow both federal and Nevada law when conducting background checks.
FCRA Compliance Process
Disclosure & Authorization
Provide clear, standalone written disclosure that a background check will be conducted. Obtain separate written authorization from the applicant before ordering the report.
Obtain Background Report
Order the background check from a Consumer Reporting Agency (CRA). Ensure the CRA is FCRA-compliant and provides accurate, up-to-date information.
Pre-Adverse Action Notice
If considering denying employment based on the report, provide the applicant with:
- Copy of the background report
- Copy of "A Summary of Your Rights Under the FCRA"
- Reasonable time to respond (typically 5 business days)
Adverse Action Notice
If final decision is made to deny employment, provide written notice including:
- Name, address, and phone number of the CRA
- Statement that the CRA did not make the decision
- Notice of right to dispute report accuracy
- Notice of right to request additional free copy within 60 days