2015 SSL Volume

The act expands upon previous legislation (AB 114) that allows Nevada to develop and enter in to interstate compacts for online gaming. This act allows Nevada to not only other work out agreements with other states, but with foreign governments and tribal areas, as well. The bill defines eligible compact partners as “any governmental unit of a national, state or local body exercising governmental functions, other than the United States Government. This term includes, without limitation, national and sub-national governments, including their respective departments, agencies and instrumentalities and any department, agency or authority of any such governmental unit that has authority over gaming and gambling activities.” Agreements with international operators must follow the regulations already in place by Nevada’s Gaming Commission.

This act establishes a state temporary disability insurance program to provide benefits to workers who take time off for a seriously ill child, spouse, parent, parent-in-law, grandparent, domestic partner or to bond with a new child. Temporary caregiver benefits for an individual shall be limited to a maximum of four weeks in a benefit year and no individual shall be paid temporary caregiver benefits and temporary disability benefits which together exceed 30 times his or her weekly benefit rate in any benefit year.

This act extends certain basic labor rights and protections to domestic workers. Specifically, this measure prohibits an employer from discharging or discriminating against an individual employed as a domestic in compensation or in terms, conditions, or privileges of employment because of that individual's race, sex including gender identity or expression, sexual orientation, age, religion, color, ancestry, disability, or marital status; applies the wage and hour laws to domestic workers except for individuals employed in domestic services on a casual basis and individuals providing companionship services for the aged or infirm; and adds definitions of “casual basis”, “companionship services for the aged or infirm”, and “domestic service” to the state’s wage and hour laws.

With passage of this Act, Vermont enacted what observers believe is the first state anti-patent “troll” legislation in the country. Though the law still provides for legitimate claims of patent infringement in accordance with federal law, it will, however, require more detailed allegations in licensing demand letters and it increases the potential cost of making a baseless claim. Under the new law, demand letters must include detailed information about how the Vermont product, service or technology infringes on an existing patent. The demand letter must also allow for a reasonable amount of time for the licensing fee to be paid. The penalty for a bad faith claim is a bond equal to the cost of litigating the claim for the Vermont company. Violators risk being brought into court in violation of state law and the attorney general can also file suit against patent trolls who target Vermont companies without legitimate claims.

This act requires that economic development tax incentives undergo regular and rigorous evaluations including details on the scope, quality and frequency of those reviews and how evaluations should be linked to budget decisions.

Pages