Assembly Bill No. 279-Assemblymen Ernaut, Hettrick, Carpenter, Hickey, Tiffany, Von Tobel, Amodei, Cegavske, Gustavson, Braunlin, Lambert, Humke, Nolan, Berman, Mortenson, Chowning and Sandoval
March 17, 1997
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Referred to Committee on Labor and Management
SUMMARY--Makes various changes to provisions related to unemployment compensation. (BDR 53-88)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to compensation for unemployment; clarifying the definition of misconduct related to work; providing an exception to charging benefits against the record of the base-period employer; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1 NRS 612.385 is hereby amended to read as follows:
612.385 1. A person is ineligible for benefits for the week in which he has filed a claim for benefits, if he was discharged from his last or next to last employment for misconduct connected with his work, and remains ineligible until he earns remuneration in covered employment equal to or exceeding his weekly benefit amount in each of not more than 15 weeks thereafter as determined by the administrator in each case according to the seriousness of the misconduct.
2. As used in this section, "misconduct" includes:
(a) Deliberate disobedience of a reasonable instruction of the employer or a supervisor, or other insubordination;
(b) Violation of a law of this state; and
(c) Violation of a rule of the employer if the violation created a substantial risk of:
(1) Damage to the employer's property or interests; or
(2) Danger to the life of another employee.
Sec. 2 NRS 612.551 is hereby amended to read as follows:
612.551 1. Except as otherwise provided in [subsection 2,] subsections 2 and 3, when the division has determined that a claimant has earned 75 percent or more of his wages during his base period from one employer, it shall notify the employer of its determination and advise him that he has a right to protest the charging of benefits to his account pursuant to subsection 4 of NRS 612.550.
2. Benefits paid pursuant to an elected base period in accordance with NRS 612.344 must not be charged against the employer's record for experience rating.
3. If a claimant leaves an employer to take better employment and leaves or is discharged by the latter employer, benefits paid to him may not be charged against the record for experience rating of the former employer.
4. If the employer provides evidence within 10 working days after the notice required by subsection 1 was mailed which satisfies the administrator that the claimant:
(a) Left his employment voluntarily without good cause or was discharged for misconduct connected with his employment, the administrator may order that the benefits not be charged against the employer's record for experience rating.
(b) Was the spouse of an active member of the Armed Forces of the United States and left his employment because his spouse was transferred to a different location, the administrator shall order that the benefits not be charged against the employer's record for experience rating.
[4.] 5. The employer may appeal from the ruling of the administrator as to the cause of the termination of the claimant's employment in the same manner as appeals may be taken from determinations relating to claims for benefits.
[5.] 6. No determination made pursuant to this section constitutes a basis for disqualifying a claimant to receive benefits.