Nevada Revised Statutes 633.755 – Legal remedy for certain retaliation or discrimination: Filing of action; damages; interest; equitable relief; rebuttable presumption in certain circumstances; civil penalty; limitation of action
1. An employee of an osteopathic physician or a registered nurse, licensed practical nurse, nursing assistant or medication aide – certified who is employed by or contracts to provide nursing services for the osteopathic physician and who believes that he or she has been retaliated or discriminated against in violation of NRS 633.750 may file an action in a court of competent jurisdiction.
Terms Used In Nevada Revised Statutes 633.755
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- physician: means a person who engages in the practice of medicine, including osteopathy and homeopathy. See Nevada Revised Statutes 0.040
2. If a court determines that a violation of NRS 633.750 has occurred, the court may award such damages as it determines to have resulted from the violation, including, without limitation:
(a) Compensatory damages;
(b) Reimbursement of any wages, salary, employment benefits or other compensation denied to or lost by the employee, registered nurse, licensed practical nurse, nursing assistant or medication aide – certified as a result of the violation;
(c) Attorney’s fees and costs, including, without limitation, fees for expert witnesses; and
(d) Punitive damages, if the facts warrant.
3. The court shall award interest on the amount of damages at a rate determined pursuant to NRS 17.130.
4. The court may grant any equitable relief it considers appropriate, including, without limitation, reinstatement of the employee, registered nurse, licensed practical nurse, nursing assistant or medication aide – certified and any temporary, preliminary or permanent injunctive relief.
5. If any action to retaliate or discriminate is taken against an employee, registered nurse, licensed practical nurse, nursing assistant or medication aide – certified within 60 days after the employee, registered nurse, licensed practical nurse, nursing assistant or medication aide – certified takes any action described in subsection 1 of NRS 633.750, there is a rebuttable presumption that the action taken against the employee, registered nurse, licensed practical nurse, nursing assistant or medication aide – certified constitutes retaliation or discrimination in violation of NRS 633.750.
6. An osteopathic physician or any agent or employee thereof that violates the provisions of NRS 633.750 is subject to a civil penalty of not more than $10,000 for each violation. The Attorney General or any district attorney of this State may recover the penalty in a civil action brought in the name of the State of Nevada in any court of competent jurisdiction.
7. Any action under this section must be brought not later than 2 years after the date of the last event constituting the alleged violation for which the action is brought.
8. As used in this section, ‘retaliate or discriminate’ has the meaning ascribed to it in NRS 633.750.