Sisolak signs much-debated ‘Right to Return’ legislation into law

Gov. Steve Sisolak signed legislation on Tuesday that guarantees the rights of laid-off gaming and tourism industry workers to return to their jobs.

Sisolak’s signature on SB386, referred to as the “Right to Return” bill, came without any fanfare and was announced alongside a host of other bills that earned the governor’s written seal of approval on Tuesday. Sisolak held signing ceremonies for 10 bills, many of which were related to women’s health and criminal or social justice reform. He also signed 28 other bills, including SB386, into law on Tuesday.

Gaming representatives and the Culinary Union struck a deal on the high-profile worker rights legislation with less than a week left in the 120-day legislative session, agreeing to limit the scope of the bill and exempting certain employee classes including managers and stage performers.

Every vote on SB386 was on a straight party line with Democrats in support and Republicans opposed.

Even the addition of an amendment that exempted small businesses attached to casino resorts from complying with the legislation did not attract Republican votes. The change excused small restaurants and vendors that had 30 or fewer employees prior to the pandemic.

As part of the deal, revisions were made to SB4, a bill from the 2020 special session last summer that included government-imposed health and safety standards meant to prevent the spread of COVID-19, as well as expanded liability protections for major casino resorts. The changes relaxed requirements on cleaning, such as wiping down minibars, headboards and decorative items on beds, and changed directives to clean throughout the day to instead call for daily cleaning.

Critics of the legislation raised concerns that the bill in its original form would have made it too easy for former employees to sue. The new law offers recourse through the Labor Commissioner or through the courts, but only after an employee notifies an employer of any alleged violation and waits at least 15 days for resolution of the issue.

The Nevada Resort Association took a neutral position in return for those concessions, though not all casino operators were on board. Some of the casino industry's largest companies, including MGM Resorts International, Wynn Resorts and Caesars Entertainment, backed the changes. Opposition arose from Las Vegas locals casino companies.

The Resort Association declined to comment on the bill signing.

In a statement, Culinary Secretary-Treasurer Geoconda Argüello-Kline said passage of the legislation would “protect over 350,000 hospitality workers” in Clark County and Washoe County. 

“At the height of the pandemic 98 percent of Culinary Union members were laid off and currently only 50 percent are back to work,” Argüello-Kline said. “While a majority of unionized hospitality workers already have extended recall protections in their contracts, most hospitality workers protected by the new SB386 Right to Return law are not unionized.”

South Point Casino-Hotel attorney Barry Lieberman said of the final deal that was struck that many of the changes were still “particularly onerous for non-union smaller nonrestricted licensees.”

Lieberman, a long time Nevada gaming attorney and close adviser to South Point owner Michael Gaughan, said several amendments were “a confusing patchwork of vague, burdensome and non-helpful requirements,” and forced employers “to guess at their peril as to what the bill actually requires them to do.” He suggested the changes infringed on an employer’s right to rehire casino workers who have “superior skills” as opposed to other laid-off workers.

Among the bills that received a signing ceremony on Tuesday were SB190, sponsored by Senate Majority Leader Nicole Cannizzaro, which will allow women to obtain birth control at a pharmacy without a doctor’s visit; AB116, sponsored by Assemblywoman Rochelle Nguyen, which decriminalizes minor traffic violations; and AB404, sponsored by the Assembly Committee on Judiciary, which shields applicants for domestic violence-related temporary or extended protection orders from having to disclose their addresses or contact information in certain circumstances. 

The Tuesday events were the latest in a string of bill-signing ceremonies. On Monday morning, Sisolak visited a North Las Vegas elementary school to sign education-related legislation, including the mining tax bill, AB495, and in the afternoon, he held a separate signing ceremony for two bills (SB222 and SB318) that promote diverse communities.