[Rev. 2/11/2015 11:32:03
AM--2014R2]
CHAPTER 607 - LABOR COMMISSIONER
GENERAL PROVISIONS
NRS 607.005 “Commission”
defined.
NRS 607.010 Creation
of office.
NRS 607.020 Appointment
of Labor Commissioner.
NRS 607.030 Classification;
other employment prohibited; exception.
NRS 607.040 Location
of office.
PERSONNEL
NRS 607.050 Deputy
Labor Commissioner: Employment; powers of attorney; other employment
prohibited; exception.
NRS 607.060 Employees.
NRS 607.065 Retention
of legal counsel; authority of counsel.
POWERS AND DUTIES
NRS 607.080 Biennial
reports.
NRS 607.100 Compilation
and issuance of bulletins.
NRS 607.110 Knowledge
of labor laws.
NRS 607.120 Cooperation
with other departments of labor; memorandum of understanding with United States
Department of Labor.
NRS 607.125 Federal
gifts and grants.
NRS 607.130 Obtaining
information from state and county officers.
NRS 607.140 Preparation
of forms and blanks for information and statistics; penalty and administrative
fine for refusal to furnish information required on forms.
NRS 607.150 Inspection
of places of employment; penalty and administrative fine for refusal to allow
entry to Labor Commissioner.
NRS 607.160 Enforcement
of labor laws; imposition and collection of administrative penalties;
cumulative nature of penalties and remedies; claims for wages or commissions;
prosecution of claims by Attorney General.
NRS 607.165 Notice
to State Contractors’ Board of repeated claims for wages against contractor;
recommendation by Labor Commissioner concerning contractor’s bond or cash
deposit.
NRS 607.170 Actions
for collection of wages or commissions; subpoena power; compromise and
settlement of claims; disposition of money collected for claims.
NRS 607.175 Assignment
and consolidation of claims for wages or commissions.
NRS 607.180 Reciprocal
agreements for collection of claims for wages or commissions assigned to Labor
Commissioner; maintenance of actions.
NRS 607.185 Availability
to public of terms and conditions of compromise or settlement of claim or
dispute.
NRS 607.190 Exemption
for Labor Commissioner from payment of fees and costs in actions; payment of
witness fees in certain actions; bond not required for attachment by Labor
Commissioner.
NRS 607.205 Power
of Labor Commissioner to conduct hearings and issue decisions.
NRS 607.207 Notice
and conduct of hearing.
NRS 607.210 Power
of Labor Commissioner to take testimony and issue subpoenas; witness fees;
penalty for noncompliance with subpoena.
NRS 607.215 Decision
of Labor Commissioner or designee after hearing: Issuance; enforceability;
judicial review.
CRIMINAL VIOLATIONS
NRS 607.220 Complaint
by Labor Commissioner; prosecution by Attorney General.
_________
_________
GENERAL PROVISIONS
NRS 607.005 “Commission” defined. As
used in this chapter, “commission” means a fee paid for transacting a piece of
business or performing a service, but excluding bonuses and profit-sharing
arrangements.
(Added to NRS by 1971, 1188)
NRS 607.010 Creation of office. The
Office of Labor Commissioner is hereby created.
[Part 1:203:1915; A 1917, 338; 1919, 67; 1941, 87;
1953, 304]
NRS 607.020 Appointment of Labor Commissioner. The
Labor Commissioner must be appointed by the Director of the Department of
Business and Industry.
[Part 1:203:1915; A 1917, 338; 1919, 67; 1941, 87;
1953, 304]—(NRS A 1993, 1802)
NRS 607.030 Classification; other employment prohibited; exception.
1. The Labor Commissioner is in the
unclassified service of the State.
2. Except as otherwise provided in NRS 284.143, the Labor Commissioner shall
devote his or her entire time and attention to the business of his or her
office and shall not pursue any other business or occupation or hold any other
office of profit.
[Part 1:203:1915; A 1917, 338; 1919, 67; 1941, 87;
1953, 304] + [34:295:1953; A 1955, 525]—(NRS A 1959, 788; 1960, 396; 1961, 657;
1965, 706; 1967, 1502; 1971, 1441; 1981, 1283; 1985, 440; 1995, 2317)
NRS 607.040 Location of office. The
Labor Commissioner must be provided with properly furnished offices at the
capital in Carson City, Nevada.
[Part 7:203:1915; 1919 RL p. 3085; NCL § 2755] +
[15:203:1915; 1919 RL p. 3086; NCL § 2762]—(NRS A 2003, 1452; 2011, 324)
PERSONNEL
NRS 607.050 Deputy Labor Commissioner: Employment; powers of attorney; other
employment prohibited; exception.
1. The Labor Commissioner shall employ a
Deputy, who is in the unclassified service of the State.
2. If admitted to the practice of law in
the State of Nevada, the Deputy has all the powers of:
(a) The district attorneys of the several
counties in this state; and
(b) The Attorney General pursuant to NRS 607.160,
Ê in the
prosecution of all claims and actions originating with the Labor Commissioner
by appropriate action in the courts of this state, when the Labor Commissioner
is charged with the enforcement of those laws.
3. The Deputy shall act under the
direction of the Labor Commissioner, and in the performance of his or her
duties is responsible to the Labor Commissioner.
4. Except as otherwise provided in NRS 284.143, the Deputy shall devote his
or her entire time and attention to the business of his or her office and shall
not pursue any other business or occupation or hold any other office of profit.
[1:182:1943; 1943 NCL § 2829.17] + [2:182:1943; 1943
NCL § 2829.18] + [3:182:1943; 1943 NCL § 2829.19]—(NRS A 1967, 1502; 1971,
1441; 1981,
1283; 1985,
440; 1995,
2317; 1997,
194)
NRS 607.060 Employees. The
Labor Commissioner may employ:
1. One Chief Assistant, who is in the
unclassified service of the State.
2. Stenographic, clerical and statistical
assistance.
[Part 1:203:1915; A 1917, 338; 1919, 67; 1941, 87;
1953, 304]—(NRS A 1957, 252; 1969, 1105; 1985, 307, 441)
NRS 607.065 Retention of legal counsel; authority of counsel.
1. The Labor Commissioner may provide for
contract services by legal counsel for assistance in administering the labor
and industrial relations laws of this state. Any such counsel must be an attorney
admitted to practice law in the State of Nevada.
2. In the prosecution of all claims and
actions referred to legal counsel by the Labor Commissioner, such counsel has
the same power as that vested in:
(a) The district attorneys of the several counties
to enforce the labor and industrial relations laws of this state except that
such counsel does not have the authority to prosecute for criminal violations
of those laws; and
(b) The Attorney General pursuant to NRS 607.160 for prosecution of claims for wages,
commissions or other demands.
(Added to NRS by 1969, 1105; A 1975, 144; 1997, 194)
POWERS AND DUTIES
NRS 607.080 Biennial reports. The
Labor Commissioner shall collect and systematize and present in biennial
reports to the Governor and the Legislature such statistical details relating
to labor in the State as the Labor Commissioner may deem essential to further
the objects of this chapter.
[2:203:1915; A 1923, 64; NCL § 2750]
NRS 607.100 Compilation and issuance of bulletins. With
the approval of the State Board of Examiners, the Labor Commissioner may
compile and issue such bulletins pertaining to labor and industries of the
State as the Labor Commissioner may deem necessary.
[10:203:1915; 1919 RL p. 3086; NCL § 2758]—(NRS A
1969, 1529; 1973, 1477; 1985, 469; 1993, 1803; 1997, 23; 2005, 1094)
NRS 607.110 Knowledge of labor laws. The
Labor Commissioner shall inform himself or herself of all laws of the State for
the protection of life and limb in any of the industries of the State, all laws
regulating the hours of labor, the employment of minors, the payment of wages
and all other laws enacted for the protection and benefit of employees.
[Part 4:203:1915; A 1919, 67; 1921, 218; 1931, 55;
1935, 224; 1937, 419; 1941, 87; 1931 NCL § 2751]
NRS 607.120 Cooperation with other departments of labor; memorandum of
understanding with United States Department of Labor. The
Labor Commissioner:
1. Shall cooperate with such bureaus or
departments of labor of the Federal Government and other states as may be
established; and
2. May enter into a memorandum of
understanding with the Wage and Hour Division of the United States Department
of Labor to establish a collaborative relationship among the agencies of this
State and those of the Federal Government for the purpose of promoting
compliance with labor laws of common concern.
[5:203:1915; 1919 RL p. 3085; NCL § 2753]—(NRS A 2013, 449)
NRS 607.125 Federal gifts and grants.
1. The Labor Commissioner is authorized to
accept, with the approval of the Governor, gifts and grants of money from the
Federal Government which may become or are made available for programs and
services administered by the Labor Commissioner.
2. All such money shall be deposited in
the State Treasury for the use of the Labor Commissioner in accordance with the
conditions and purposes under which given or granted.
(Added to NRS by 1969, 726)
NRS 607.130 Obtaining information from state and county officers. Upon the written request of the Labor
Commissioner, all state and county officers shall furnish all information in
their power necessary to assist in carrying out the objects of this chapter.
[6:203:1915; 1919 RL p. 3085; NCL § 2754]
NRS 607.140 Preparation of forms and blanks for information and statistics;
penalty and administrative fine for refusal to furnish information required on
forms.
1. The Labor Commissioner shall prepare
forms and blanks for the purpose of gathering the information and statistics
required by this chapter, and may require any person to give the information
and statistical detail designated in those forms.
2. Any person who refuses to furnish such
detail and statistics in the form required by the Labor Commissioner is guilty
of a misdemeanor and shall be punished by a fine of not more than $500.
3. In addition to any other remedy or
penalty, the Labor Commissioner may impose against the person an administrative
penalty of not more than $500 for each such violation.
[11:203:1915; 1919 RL p. 3086; NCL § 2759]—(NRS A 1979, 1488; 1985, 307; 2003, 792)
NRS 607.150 Inspection of places of employment; penalty and administrative
fine for refusal to allow entry to Labor Commissioner.
1. To carry out the provisions of NRS 607.160, the Labor Commissioner or a person
designated by the Labor Commissioner may enter any store, foundry, mill,
office, workshop, mine or other public or private works or place of employment
at any reasonable time to gather facts and statistics and make a record
thereof.
2. Any person who refuses such entry to
the Labor Commissioner or a person designated by the Labor Commissioner is
guilty of a misdemeanor.
3. In addition to any other remedy or
penalty, the Labor Commissioner may impose against the person an administrative
penalty of not more than $500 for each such violation.
[9:203:1915; 1919 RL p. 3085; NCL § 2757]—(NRS A
1967, 621; 1973, 1024; 1975, 218; 2001, 562; 2003, 792)
NRS 607.160 Enforcement of labor laws; imposition and collection of
administrative penalties; cumulative nature of penalties and remedies; claims
for wages or commissions; prosecution of claims by Attorney General.
1. The Labor Commissioner:
(a) Shall enforce all labor laws of the State of
Nevada:
(1) Without regard to whether an employee
or worker is lawfully or unlawfully employed; and
(2) The enforcement of which is not
specifically and exclusively vested in any other officer, board or commission.
(b) May adopt regulations to carry out the
provisions of paragraph (a).
2. If the Labor Commissioner has reason to
believe that a person is violating or has violated a labor law or regulation,
the Labor Commissioner may take any appropriate action against the person to
enforce the labor law or regulation whether or not a claim or complaint has
been made to the Labor Commissioner concerning the violation.
3. Before the Labor Commissioner may
enforce an administrative penalty against a person who violates a labor law or
regulation, the Labor Commissioner must provide the person with notice and an
opportunity for a hearing as set forth in NRS 607.207.
4. In determining the amount of any administrative
penalty to be imposed against a person who violates a labor law or regulation,
the Labor Commissioner shall consider the person’s previous record of
compliance with the labor laws and regulations and the severity of the
violation.
5. All money collected by the Labor
Commissioner as an administrative penalty must be deposited in the State
General Fund.
6. The actions and remedies authorized by
the labor laws are cumulative. If a person violates a labor law or regulation,
the Labor Commissioner may seek a civil remedy, impose an administrative
penalty or take other administrative action against the person whether or not
the person is prosecuted, convicted or punished for the violation in a criminal
proceeding. The imposition of a civil remedy, an administrative penalty or
other administrative action against the person does not operate as a defense in
any criminal proceeding brought against the person.
7. If, after due inquiry, the Labor
Commissioner believes that a person who is financially unable to employ counsel
has a valid and enforceable claim for wages, commissions or other demands, the
Labor Commissioner may present the facts to the Attorney General. The Attorney
General shall prosecute the claim if the Attorney General determines that the
claim is valid and enforceable.
[Part 4:203:1915; A 1919, 67; 1921, 218; 1931, 55;
1935, 224; 1937, 419; 1941, 87; 1931 NCL § 2751]—(NRS A 1967, 621; 1971, 1189; 1997, 195; 2001, 562; 2003, 793, 1517)
NRS 607.165 Notice to State Contractors’ Board of repeated claims for wages
against contractor; recommendation by Labor Commissioner concerning
contractor’s bond or cash deposit.
1. The Labor Commissioner shall notify the
State Contractors’ Board after three substantiated claims for wages have been
filed against a contractor within a 2-year period. The notification must
include a copy of the final written decision of the Labor Commissioner with
regard to each such claim.
2. The Labor Commissioner may recommend to
the State Contractors’ Board the amount of the bond or cash deposit that a
contractor should be required to file or establish pursuant to subsection 6 of NRS 624.270.
3. As used in this section:
(a) “Contractor” has the meaning ascribed to it
in NRS 624.020.
(b) “Employee”
means a natural person who receives wages or other remuneration from a
contractor for personal services, including, without limitation, commissions,
bonuses and remuneration payable in a medium other than cash.
(c) “Substantiated claim for wages” means a claim
for wages by an employee against a contractor that the Labor Commissioner
determines to be valid after providing notice and an opportunity for a hearing
pursuant to the provisions of this chapter.
(Added to NRS by 1997, 1514; A 2003, 2145)
NRS 607.170 Actions for collection of wages or commissions; subpoena power;
compromise and settlement of claims; disposition of money collected for claims.
1. The Labor Commissioner may prosecute a
claim for wages and commissions or commence any other action to collect wages,
commissions and other demands of any person who is financially unable to employ
counsel in a case in which, in the judgment of the Labor Commissioner, the
claim for wages or commissions or other action is valid and enforceable in the
courts.
2. In all matters relating to wages or
commissions, the Labor Commissioner may, in accordance with the provisions of NRS 607.210, subpoena any person whose appearance is
required to adjust and settle claims or other actions for wages or commissions
before bringing suit in those matters, and the Labor Commissioner may effect
reasonable compromises of those matters.
3. The Labor Commissioner or the Labor
Commissioner’s Deputy may maintain a commercial account with any bank or credit
union within this State for the deposit of money collected for claims for wages
or commissions. The money must be promptly paid to the person entitled thereto.
At the end of each calendar year, any unclaimed money in the commercial account
which has been a part of the account for 1 year or more is presumed abandoned
under chapter 120A of NRS.
[Part 4:203:1915; A 1919, 67; 1921, 218; 1931, 55;
1935, 224; 1937, 419; 1941, 87; 1931 NCL § 2751]—(NRS A 1967, 1; 1971, 1189;
1975, 348; 1979,
1761, 1762;
1983, 1476;
1985, 122; 1987, 755; 1999, 1521; 2001, 563; 2003, 794; 2007, 770)
NRS 607.175 Assignment and consolidation of claims for wages or commissions. The Labor Commissioner or other designated
agent of employees may take assignments of wage or commission claims and bring
a single action against any one employer on any number of such assigned claims.
(Added to NRS by 1965, 320; A 1971, 1190)
NRS 607.180 Reciprocal agreements for collection of claims for wages or
commissions assigned to Labor Commissioner; maintenance of actions.
1. The Labor Commissioner is authorized to
enter into reciprocal agreements with the Labor Commissioner or corresponding
agency of any other state, or with the person, board, officer or commission
authorized to act for and on behalf of such Labor Commissioner or corresponding
agency, for the collection in such other state of claims or judgments for
wages, commissions and other demands based upon claims previously assigned to
the Labor Commissioner.
2. The Labor Commissioner may, to the
extent provided for by any reciprocal agreement entered into pursuant to
subsection 1 or by the laws of any other state, maintain actions in the courts
of such other state for the collection of such claims for wages or commissions,
judgments and other demands, and may assign such claims, judgments and demands
to the Labor Commissioner or corresponding agency of such other state for
collection, to the extent that the same may be permitted or provided for by the
laws of such state or by such reciprocal agreement.
3. The Labor Commissioner may, upon the
written request of the Labor Commissioner or corresponding agency of any other
state or of any person, board, officer or commission of such state authorized
to act for and on behalf of such Labor Commissioner or corresponding agency, maintain
actions in the courts of this state upon assigned claims for wages or
commissions, judgments and demands arising in such other state in the same
manner and to the same extent that such actions by the Labor Commissioner are
authorized when arising in this state; but such actions may be commenced and
maintained only in those cases where such other state, by appropriate
legislation or by reciprocal agreement, extends a like comity to cases arising
in this state.
[1:192:1953] + [2:192:1953] + [3:192:1953]—(NRS A
1971, 1190)
NRS 607.185 Availability to public of terms and conditions of compromise or
settlement of claim or dispute. If
the Labor Commissioner enters into, effects or approves any compromise or
settlement of a claim or dispute concerning or arising out of an alleged
violation of the labor laws of this state, the terms and conditions of the
compromise or settlement:
1. Must be made available to the public
upon request; and
2. Must not include any confidentiality
clause or similar clause, and any such clause that is included in the terms and
conditions of the compromise or settlement is void as against the public policy
of this state.
(Added to NRS by 2001, 826)
NRS 607.190 Exemption for Labor Commissioner from payment of fees and costs
in actions; payment of witness fees in certain actions; bond not required for
attachment by Labor Commissioner.
1. In all actions in the courts in this
state wherein the Labor Commissioner is a party in his or her official capacity
as Labor Commissioner, or as assignee of any wage or commission claim or
claims, or where the Labor Commissioner is appearing for and in behalf of the
State or any political subdivision thereof, no fees of any kind or nature shall
be required of the Labor Commissioner by any court or officer thereof, or by
any sheriff, constable or other officer, and no judgment for costs or for
attorney fees shall be entered in or by any court against the Labor
Commissioner. In proper cases, the Labor Commissioner may pay the witness fees
required by NRS 607.210.
2. In any cases prosecuted under the
provisions of NRS 607.160 and 607.170 wherein an attachment may be required to
preserve the rights of the claimant, the Labor Commissioner shall not be
required to give any bond as a prerequisite to the levy of attachment.
[Part 4:203:1915; A 1919, 67; 1921, 218; 1931, 55;
1935, 224; 1937, 419; 1941, 87; 1931 NCL § 2751] + [4 1/2:203:1915; added 1925,
133; A 1937, 419; 1931 NCL § 2752]—(NRS A 1971, 1191)
NRS 607.205 Power of Labor Commissioner to conduct hearings and issue
decisions. In aid of the Labor
Commissioner’s enforcement responsibilities under the labor laws of the State
of Nevada, the Labor Commissioner or a person designated by the Labor
Commissioner may conduct hearings and issue decisions thereon in the manner set
forth in NRS 607.207.
(Added to NRS by 1975, 530; A 1985, 759; 2001, 563; 2003, 794)
NRS 607.207 Notice and conduct of hearing.
1. When an enforcement question is
presented under any labor law of the State of Nevada, the determination of
which is not exclusively vested in another officer, board or commission, the
Labor Commissioner or a person designated by the Labor Commissioner may conduct
a hearing in any place convenient to the parties, if practicable, and otherwise
in a place chosen by the Labor Commissioner.
2. Notice of the hearing must be given by
registered or certified mail to each party and to any person who has in writing
requested such notice. The hearing must be conducted not less than 15 days
after the mailing of the notices. The proceedings must be recorded and one copy
must be provided at cost to any party who requests it. The Labor Commissioner
or a person designated by the Labor Commissioner shall, in any such hearing,
make full use of the authority conferred upon him or her by NRS 607.210.
(Added to NRS by 1975, 530; A 1977, 81; 2001, 563)
NRS 607.210 Power of Labor Commissioner to take testimony and issue
subpoenas; witness fees; penalty for noncompliance with subpoena.
1. The Labor Commissioner or a person
designated by the Labor Commissioner may take testimony in all matters relating
to the duties and requirements of this chapter in a suitable place in the
vicinity to which the testimony is applicable.
2. The Labor Commissioner or a person
designated by the Labor Commissioner may compel the attendance of witnesses,
and may issue subpoenas. No witness fees may be paid to any witness unless the
witness is required to testify at a place more than 5 miles from the witness’s
place of residence, in which event the witness is entitled to be paid the same
fees as a witness before a district court. Payment must be made from the fund
appropriated for those purposes in the county in which the testimony is taken
and the witness examined in the same manner as provided for the payment of
witness fees in the district court of that county.
3. Any person subpoenaed pursuant to the
provisions of this chapter who willfully refuses or neglects to testify at the
time and place named in the subpoena is guilty of a misdemeanor.
[8:203:1915; 1919 RL p. 3085; NCL § 2756]—(NRS A
1967, 622; 1975, 531; 1981, 95; 2001, 564)
NRS 607.215 Decision of Labor Commissioner or designee after hearing:
Issuance; enforceability; judicial review.
1. Within 30 days after the conclusion of
the hearing provided for in NRS 607.207, the Labor
Commissioner or a person designated by the Labor Commissioner shall issue a
written decision, setting forth findings of fact and conclusions of law
developed at the hearing.
2. The decision, together with the
findings of fact and conclusions of law, must be mailed to each of the parties
to whom the notice of the hearing was mailed and to any other persons who may
have requested notice of the hearing. The decision becomes enforceable 10 days
after the mailing.
3. Upon a petition for judicial review,
the court may order trial de novo.
4. A decision issued pursuant to this
section is binding on all parties and has the force of law.
(Added to NRS by 1975, 531; A 1977, 82; 2001, 564)
CRIMINAL VIOLATIONS
NRS 607.220 Complaint by Labor Commissioner; prosecution by Attorney
General. Upon the complaint of the
Labor Commissioner, the Attorney General shall prosecute all criminal
violations of law that are reported to the Attorney General by the Labor
Commissioner.
[13:203:1915; 1919 RL p. 3086; NCL § 2761]—(NRS A 1997, 195; 2001, 564)
