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Nevada’s NEST program: Another government overreach targeting small business

Updated: Sep 5


Big Brother wants your employee data

Nevada News and Views

Picture this: You run a small business in Nevada. You’ve worked hard to build something from nothing. Now the state says you must hand over sensitive employee information to government bureaucrats. Welcome to Nevada’s Employee Savings Trust program, known as NEST.

This new state law forces most Nevada businesses to either join a government-run retirement program or prove they already have one. The deadline is September 1, 2025. Miss it, and you could face penalties that haven’t even been announced yet.

 

Where This Big Government Scheme Came From

Nevada’s NEST program came from Senate Bill 305, introduced by Senate Chief Majority Whip Dallas Harris (D-Las Vegas) on March 16, 2023. The bill was a “Moderate Partisan Bill (Democrat 15-2)” that passed mostly along party lines.

AARP Nevada heavily lobbied for this bill, mobilizing hundreds of volunteers to send emails to the state Treasurer and legislative committees. Republican Governor Joe Lombardo signed the bill into law after the 2023 legislative session. So much for limited government from the GOP.

 

What NEST Really Demands From You

The program requires employers to set up accounts in a secure portal and add their employees. But here’s the scary part — you must give the state access to:

—All payroll information including bank accounts

—Access to your payroll system

—Every employee’s driver’s license number

—Social Security numbers for all workers

—Birthdates and home addresses

Think about that for a minute. You’re handing over the keys to your most private business information to politicians who can’t even balance a budget.

 

A Hacker’s Dream Come True

Any small business owner knows cybersecurity is a huge worry. Data breaches happen all the time. Now Nevada wants you to upload all your sensitive employee data to a government system.

And guess what happened just yesterday? On Sunday, August 24, 2025, hackers attacked Nevada’s state computer networks. The entire state government shut down. DMV offices closed. Highway Patrol offices locked their doors. State websites crashed. Phone lines went dead.

Governor Lombardo had to close all state offices on Monday due to what officials called a “network security incident.” As of today, many systems are still down. Officials won’t even say what data was stolen or how the hackers got in.

If Nevada can’t protect its basic government systems, how can they protect your employees’ Social Security numbers, bank accounts, and personal information?

One Nevada business owner said it perfectly: “This is a hackers dream. I would NEVER let any of my employees participate.”

 

Who Gets Hit Hardest

Employers with six or more employees and in business for at least 36 months must participate if they don’t already have a retirement plan. The only businesses that escape are those with fewer than six employees or in operation less than three years.

Employees will be set up with a mandatory minimum contribution of 5 percent with an annual auto increase of 1 percent every January 1st, not to exceed 10 percent. Employers still have to turn over all that personal information even for employees who want nothing to do with the program.

 

The State Picks Your Investments

Government bureaucrats get to decide where your employees’ money goes. Not the free market. Not your employees’ choices. Politicians and their appointees make the investment decisions.

Many business owners can do better on their own. They can offer better pay so workers can invest however they want. But NEST doesn’t care about individual choice.

 

What Critics Are Saying

Business owners across Nevada are pushing back. Many say the program creates unnecessary red tape and privacy risks. Some worry about the lack of clear penalties — the state wants compliance but won’t tell you what happens if you don’t cooperate.

Legal experts warn this could be just the beginning. If Nevada can force businesses into state-run retirement programs, what’s next?

 

The Conservative Stakes

This isn’t about retirement savings. It’s about government control over private business. NEST represents everything conservatives oppose: mandatory participation in government programs, surrendering private information to bureaucrats, politicians making investment decisions, no real choice for business owners, and unclear penalties that could bankrupt small companies.

Free markets work better than politician-run programs.

 

What Conservatives Can Do

If you’re a Nevada business owner, you have three choices:

1. Register for NEST and hand over your data

2. Certify an exemption if you already have a retirement plan

3. Start your own 401(k) to avoid NEST entirely

Option three might cost more upfront, but you keep control. The SECURE 2.0 Act offers tax credits for businesses offering 401(k)s, including startup cost credits and employee education expenses.

For the broader conservative movement, this is a wake-up call. Support candidates who believe in limited government and free markets. Contact your state legislators. Tell them you oppose mandatory government programs that force private businesses to surrender sensitive data.

The fight for economic freedom happens one state at a time.

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Brittany Sheehan is a Las Vegas-based mother, policy advocate and grassroots leader. She is active in local politics, successful in campaign work and passionate about liberty.

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