Human Resource Blog

Change HR Policy in Nevada

Can an employer change HR policies in Nevada? Our company was recently acquired by a firm based in another state. Yesterday, we received a new employee handbook with entirely new policies. Is this legal? Can the new company suddenly begin enforcing the new attendance policies?

To deal with the first question first, in some states employers must give employees 7 or 10 days’ notice when they change a company policy, particularly when that policy change involves wages or salaries and benefits.

Otherwise, a company is entirely within its rights to establish a new attendance policy. In fact, it is perfectly legal to change any company policy. That would be the case even if the old company had never been acquired by the new one.

When it was under its previous ownership, the firm would allow Pete to be absent 10 days a year without suffering any disciplinary consequences. But with the acquisition, the new company has established a policy that workers will face disciplinary procedures if they take more than 5 days of absences a year. There is absolutely nothing illegal or unacceptable about that change. The new employer need not even give a reason. Employers establish policies on everything from attendance to benefits, and may almost always change those policies.

There is one exception, however. If a company applies a policy in a way that discriminates on the basis of race, religion, color, national origin, gender, age, and the like, that would be illegal. For example, if the firm applied a harsh absenteeism policy to women but allowed men to be absent as often as they wished, that would be against the law. If the policy applies equally to the entire staff, it is perfectly legal.

In regard to the second question, sometimes, in the confusion of a changeover to new payroll methods, accounting processes, staff, and inventory, some things may become lost in the shuffle. In these circumstances, what was “lost” was enforcement of the attendance policy. In other words, during a changeover, such as a merger or acquisition, details may be overlooked – details like the enforcement policy. In a perfect world, it is true, the old employer would have enforced old policies until the moment the acquisition took effect. However, the HR world is no more perfect than any other.

Finally, a firm need not adhere to the old company’s policy. JH