§ 6.190 — Terminating or threatening to terminate employment because of jury duty prohibited; civil action for unlawful termination; requiring employee to use sick leave or vacation time or to work certain hours prohibited; notice to employer; dissuasion from service as juror

1. Any person, corporation, partnership, association or other entity who is:
(a) An employer; or
(b) The employee, agent or officer of an employer, vested with the power to terminate or recommend termination of employment,
Ê of a person who is a juror or who has received a summons to appear for jury duty, and who deprives the juror or person summoned of his or her employment, as a consequence of the person’s service as a juror or prospective juror, or who asserts to the juror or person summoned that his or her service as a juror or prospective juror will result in termination of his or her employment, is guilty of a gross misdemeanor.
2. A person discharged from employment in violation of subsection 1 may commence a civil action against his or her employer and obtain:
(a) Wages and benefits lost as a result of the violation;
(b) An order of reinstatement without loss of position, seniority or benefits;
(c) Damages equal to the amount of the lost wages and benefits;
(d) Reasonable attorney’s fees fixed by the court; and
(e) Punitive or exemplary damages in an amount not to exceed $50,000.
3. If a person is summoned to appear for jury duty, the employer and any employee, agent or officer of the employer shall not, as a consequence of the person’s service as a juror or prospective juror:
(a) Require the person to use sick leave or vacation time; or
(b) Require the person to work:
(1) Within 8 hours before the time at which the person is to appear for jury duty; or
(2) If the person’s service has lasted for 4 hours or more on the day of his or her appearance for jury duty, including the person’s time going to and returning from the place where the court is held, between 5 p.m. on the day of his or her appearance for jury duty and 3 a.m. the following day.
Ê Any person who violates the provisions of this subsection is guilty of a misdemeanor.
4. Each summons to appear for jury duty must be accompanied by a notice to the employer of the person summoned. The notice must inform the employer that the person has been summoned for jury duty and must include a copy of the provisions of subsections 1, 2 and 3. The person summoned, if the person is employed, shall give the notice to his or her employer at least 3 days before the person is to appear for jury duty.
5. Except as otherwise provided in this section, any person who in any manner dissuades or attempts to dissuade a person who has received a summons to appear for jury duty from serving as a juror is guilty of a misdemeanor.

Legislative History

(Added to NRS by 1977, 293 ; A 1987, 810 ; 2007, 151 )