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8 hours in a 24-hour period (NV.gov, 2017). Employees that are exempt from overtime<br />

under Nevada state law are not subject to these requirements (NV.gov, 2017).<br />

The basic rule of tips, under federal law and Nevada state law, is that tips and gratuity<br />

belong to the employee, not the employer (Guerin, 2017). Employers may not require<br />

employees to hand over their tips unless, the employer counts all or part of an<br />

employee’s tips towards its minimum wage obligations, or the employees are required<br />

to pay part of their tips into a tip pool to be shared with other employees (Guerin,<br />

2017).<br />

Smoking Laws in California and Nevada:<br />

There has been a lot of changes in smoking laws in both California and Nevada due to<br />

the recent approval of some recreational and medical Marijuana bills. It is important to<br />

include the various smoking laws and their specifics, to understand the effect they have<br />

of restaurant businesses.<br />

Both California and Nevada have passed smoke-free laws pertaining to restaurants and<br />

bars, and Hennessey’s Tavern follows these laws very strictly. Customers cannot smoke<br />

at any of the locations, it is even prohibited in outside patio areas.<br />

California’s smoke-free law, AB 13, has protected thousands from secondhand smoke<br />

exposure since 1995 (NoSmoke.org, 2014). Although this law was passed in 1995 it<br />

wasn’t until 1998 that bars and restaurants became 100 percent smoke free. Since then<br />

the loopholes in this piece of legislation have been diminished by several local smokefree<br />

laws that now include many other public meeting places beyond bars and<br />

restaurants.<br />

Most of Nevada’s workplaces and indoor public places are 100 percent smoke-free by<br />

the Nevada Clean Air Indoor Act, however some stand-alone bars and casinos are<br />

exempt. This November 2006 state smoke-free law took effect on December 8, 2006<br />

(NoSmoke.org, 2014). The law also allows for local governments to strengthen smokefree<br />

policy further, but so far no local laws have been passed.<br />

The Legalization of Recreational and Medical Marijuana:<br />

It is necessary to note the potential affect new Marijuana laws could have on restaurant<br />

businesses, because it may become an issue if patrons attempt to consume this<br />

substance at a Hennessey’s establishment. It is could cause a decline in business if<br />

customers spend less time in bars, once recreational goes into effect. People under the<br />

influence could also significantly affect the dining environment.<br />

California voters legalized the recreational use of marijuana for adults 21 years old and<br />

over this year with the passage of Proposition 64, also known as the Adult Use of<br />

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