What’s the difference between an employee and an independent contractor?

A new Nevada case clarifies the economic realities test. Many Nevada employers can be easily confused over the difference between employees and independent contractors, and it goes far beyond whether someone receives a form W-2 or form 1099.  Failure to appreciate this distinction and misclassifying an employee can subject a business to thousands of dollars […]

When an Accident Happens, Is the Right Insurance Available?

If accidents didn’t happen, we would not need insurance. Of course accidents can happen which explains why many of us buy insurance. Our expectation when we buy insurance is that we will be financially compensated if there is an accident. However, most people and businesses do not read the insurance policies that they buy. Attorneys […]
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Employment Law Continues to Evolve Even Faster Due to COVID-19 Pandemic Responses

Employment law is constantly evolving. This evolution has been even more pronounced over the past year as unique challenges posed by the COVID-19 pandemic have triggered the passage of laws ranging from Coronavirus Aid, Relief, and Economic Security Act 2020; Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020; Families First Coronavirus Response Act 2020; and […]

Conventional Subrogation in the Insurance Policy Context

Many, if not most, policies of insurance contain language discussing “subrogation.” While this language is typically of little interest to the policyholder, subrogation is an important component of insurance law. In its most basic form, to “subrogate” is to substitute for another. The Nevada Supreme Court has provided a more specific definition: “Subrogation is ‘[t]he […]

Proposed Change in Nevada Law on Employee Non-Compete Provisions

Nevada law, unlike the law in many other states, has historically permitted employers to have enforceable non-compete provisions in employment agreements. Such non-compete provisions restrict an employee’s ability to work, after leaving a job, in the same occupation in a geographic area that must be reasonably defined for a finite period of time. Currently pending […]
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Sarah M. Molleck presents “Protecting Personal Devices” for Attorneys

LGE attorney Sarah M. Molleck presented at the State Bar of Nevada’s CLE, “Ethics Year in Review” on December 9, 2020.  Ms. Molleck presented one of five segments, titled “Protecting Personal Devices and Cloud Computing Security,” as part of the CLE that covered The Impact of Technology on a Lawyer’s Ethical Obligations.  The CLE was […]
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Robert L. Eisenberg recognized for over 200 supreme court settlement conferences

LGE attorney Robert Eisenberg was recently recognized by Nevada Supreme Court Justice Ron Parraguirre in the Nevada Supreme Court Settlement Program’s written publication, the Settlement Sentinel.  In the Fall 2020 issue, Justice Parraguirre recognized Mr. Eisenberg for conducting over 200 settlement conferences since becoming a Supreme Court Settlement Judge in 1997.  Mr. Eisenberg retired as […]
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October is Cyber-Security Month

Not to scare you, but cyber-security attacks are on the rise, with no foreseeable end in sight.  Attacks have been especially prominent in the last several years.  From interference in our country’s election system to COVID scams plaguing Nevada’s Department of Employment, Training, and Rehabilitation for unemployment benefits (see here), the sophistication of hackers grows […]
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Federal Rule 30(b)(6) amended to require meet-and-confer process

When your organization is served with a Federal Court deposition subpoena, Federal Rule 30(b)(6) requires your organization to confer with the serving party. Rule 30(b)(6) of the Federal Rules of Civil Procedure governs deposition notices and subpoenas to an entity, such as a corporation, partnership, association, or government entity.  This Rule permits a party to […]
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LGE welcomes seasoned litigator Rebecca Bruch

Lemons, Grundy & Eisenberg is proud to welcome Rebecca Bruch as of counsel to the firm.  Becky is an experienced litigation and trial attorney, who practices primarily in employment law, labor law, and civil rights defense in both state and federal courts.  She also practices before multiple administrative agencies, including the EEOC, the Nevada Equal […]