Nevada § 613.160 - Spotters: Right of employee to be confronted with accuser; penalty

§ 613.160. Spotters: Right of employee to be confronted with accuser; penalty

1. It is unlawful for any person, firm, association or corporation, or agent, superintendent

or manager thereof, employing any special agent, detective or person commonly known

as a spotter for the purpose of investigating, obtaining and reporting to the employer

or the employer’s agent, superintendent or manager information concerning his or her

employees, to discipline or discharge any employee in his or her service, where the

act of discipline or the discharge is based upon a report by a special agent, detective

or spotter which involves a question of integrity, honesty or a breach of rules of

the employer, unless the employer or the employer’s agent, superintendent or manager

gives notice and a hearing to the employee thus accused, when requested by the employee,

at which hearing the accused employee must have the opportunity to confront the person

making the report and must have the right to furnish testimony in his or her defense. 2. Any person, corporation, firm, association or employer who violates any provision

of this section is liable to the State of Nevada for a penalty of $5,000 for each

offense. The penalty must be recovered and the suit must be brought in the name of the State

of Nevada in a court of proper jurisdiction by the Attorney General, or under his

or her direction by the district attorney in any county having proper jurisdiction. 3. If a penalty is imposed pursuant to this section, the costs of the proceeding,

including investigative costs and attorney's fees, may be recovered by the Attorney

General or district attorney, as appropriate.