1. Except as otherwise provided in subsections 2, 3 and 7, if the Division determines that a claimant has earned 75 percent or more of his or her wages during his or her base period from one employer, it shall notify the employer by mail of its determination and advise him or her that he or she has a right to protest the charging of benefits to his or her account pursuant to subsection 4 of NRS 612.550.
2. Benefits paid pursuant to an elected base period in accordance with NRS 612.344 must not be charged against the record for experience rating of the employer.
3. Except as otherwise provided in subsection 7, if a claimant leaves his or her last or next to last employer to take other employment and leaves or is discharged by the latter employer, benefits paid to the claimant must not be charged against the record for experience rating of the former employer.
4. If the employer provides evidence within 10 working days after the notice required by subsection 1 was mailed which satisfies the Administrator that the claimant:
(a) Left his or her employment voluntarily without good cause or was discharged for misconduct connected with the employment; or
(b) Was the spouse of an active member of the Armed Forces of the United States and left his or her employment because the spouse was transferred to a different location,
the Administrator shall order that the benefits not be charged against the record for experience rating of the employer.
5. The employer may appeal from the ruling of the Administrator relating to the cause of the termination of the employment of the claimant in the same manner as appeals may be taken from determinations relating to claims for benefits.
6. A determination made pursuant to this section does not constitute a basis for disqualifying a claimant to receive benefits.
7. If an employer who is given notice of a claim for benefits pursuant to subsection 1 fails to submit timely to the Division all known relevant facts which may affect the claimant’s rights to benefits as required by NRS 612.475, the employer’s record for experience rating is not entitled to be relieved of the amount of any benefits paid to the claimant as a result of such failure that were charged against the employer’s record pursuant to NRS 612.550 or 612.553.
8. To the extent allowed by federal law, the Administrator may, by regulation, suspend, modify, amend or waive any requirement of this section for the duration of a state of emergency or declaration of disaster proclaimed pursuant to NRS 414.070 and for any additional period of time during which the emergency or disaster directly affects the requirement of this section if:
(a) The Administrator determines the action is:
(1) In the best interest of the Division, this State or the general health, safety and welfare of the citizens of this State; or
(2) Necessary to comply with instructions received from the Department of Labor; and
(b) The action of the Administrator is approved by the Governor.
(Added to NRS by 1981, 688; A 1991, 121, 527; 1993, 538, 1836; 1995, 530; 1997, 2393; 1999, 819; 2007, 64; 2013, 1972; 2020, 32nd Special Session, 91)