[Rev. 2/11/2015 11:32:09
AM--2014R2]
CHAPTER 608 - COMPENSATION, WAGES AND HOURS
GENERAL PROVISIONS
NRS 608.005 Legislative
declaration.
NRS 608.007 Definitions.
NRS 608.010 “Employee”
defined.
NRS 608.011 “Employer”
defined.
NRS 608.0113 “Private
employment” defined.
NRS 608.0116 “Professional”
defined.
NRS 608.012 “Wages”
defined.
NRS 608.0123 “Week
of work” defined.
NRS 608.0126 “Workday”
defined.
NRS 608.013 Employer
to post abstract of chapter.
NRS 608.015 Unlawful
to induce employee to refrain from testifying.
PAYMENT AND COLLECTION OF WAGES AND OTHER BENEFITS
NRS 608.016 Payment
for each hour of work; trial or break-in period not excepted.
NRS 608.0165 Basis
for payment of employee who manufactures or uses explosives; penalty.
NRS 608.017 Discrimination
on basis of sex prohibited; exceptions.
NRS 608.018 Compensation
for overtime: Requirement; exceptions.
NRS 608.019 Periods
for meals and rest.
NRS 608.020 Discharge
of employee: Immediate payment.
NRS 608.030 Payment
of employee who resigns or quits employment.
NRS 608.040 Penalty
for failure to pay discharged or quitting employee.
NRS 608.050 Wages
to be paid at termination of service: Penalty; employee’s lien.
NRS 608.060 Semimonthly
payments; exceptions.
NRS 608.070 Agreements
between employers and employees for other than semimonthly payments.
NRS 608.080 Paydays
and time and place of payment: Posting notice of regular day, time and place;
notice of change required; payment on irregular day.
NRS 608.090 Adjustment
of wages for additional payments; notice by employer; payment.
NRS 608.100 Unlawful
decrease in compensation by employer; unlawful requirement to rebate
compensation; prerequisites to lawfully decreasing compensation.
NRS 608.110 Withholding
of portion of wages.
NRS 608.115 Records
of wages.
NRS 608.120 Manner
of payment of wages.
NRS 608.130 Payment
of wages by negotiable instrument; rights of holder in due course in event of
nonpayment; penalty.
NRS 608.140 Assessment
of attorney’s fees in action for recovery of wages.
NRS 608.150 Original
contractor liable for indebtedness for labor incurred by subcontractor or
contractor acting under, by or for original contractor; civil action to
recover.
NRS 608.155 Meals
as part of wages or compensation; exception.
NRS 608.1555 Benefits
for health care: Provision in same manner as policy of insurance.
NRS 608.156 Benefits
for health care: Expenses for treatment of abuse of alcohol and drugs.
NRS 608.157 Benefits
for health care: Coverage for mastectomy and reconstructive surgery.
NRS 608.1575 Benefits
for health care: Services provided by certain nurses.
NRS 608.1576 Benefits
for health care: Prompt enrollment and restrictions on termination of
enrollment of child; withholding of employee’s wages; remedies are cumulative.
NRS 608.1577 Notices
to employees: Acceptance of, change in or termination of benefits; change of
insurer; nonpayment of premium.
NRS 608.158 Notice
of failure to pay premiums for employee’s insurance; employer’s liability for
deductions for premiums and failure to pay premiums without giving required
notice; distribution of money recovered by Labor Commissioner for claims
brought against employer.
NRS 608.1585 Notice
to employee upon termination of employment of right to be issued insurance to
replace group policy.
NRS 608.160 Taking
or making deduction on account of tips or gratuities unlawful; employees may
divide tips or gratuities among themselves.
NRS 608.165 Special
uniforms, accessories and cleaning to be furnished without cost to employee.
NRS 608.170 Assignment
of wages void against judgment creditors; prima facie evidence of fraud.
NRS 608.180 Enforcement
of NRS 608.005 to 608.195,
inclusive; prosecution.
NRS 608.190 Willful
failure or refusal to pay wages due prohibited.
NRS 608.195 Criminal
and administrative penalties.
WORKING HOURS IN PARTICULAR EMPLOYMENTS
NRS 608.200 Underground
mines and workings; criminal and administrative penalties.
MINIMUM WAGE
NRS 608.250 Establishment
by Labor Commissioner; exceptions; penalty.
NRS 608.255 Relationships
which do not constitute employment relationships for purposes of minimum wage.
NRS 608.260 Action
by employee to recover difference between minimum wage and amount paid;
limitation of action.
NRS 608.270 Duties
of Labor Commissioner and district attorneys.
NRS 608.280 Proceedings
against district attorney to be instituted by Attorney General.
NRS 608.290 Criminal
and administrative penalties.
ENTERTAINMENT PRODUCTIONS
NRS 608.300 Definitions.
NRS 608.310 Producer-promoter-employer
required to obtain permit; application; fee; exceptions.
NRS 608.320 Producer-promoter-employer
required to post bond to secure payment of wages in certain circumstances;
amount of bond; conditions of bond.
NRS 608.330 Criminal
and administrative penalties.
_________
_________
GENERAL PROVISIONS
NRS 608.005 Legislative declaration. The
Legislature hereby finds and declares that the health and welfare of workers
and the employment of persons in private enterprise in this State are of
concern to the State and that the health and welfare of persons required to
earn their livings by their own endeavors require certain safeguards as to
hours of service, working conditions and compensation therefor.
(Added to NRS by 1975, 1582)
NRS 608.007 Definitions. As used
in this chapter, unless the context otherwise requires, the words and terms
defined in NRS 608.010 to 608.0126,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1985, 577)
NRS 608.010 “Employee” defined. “Employee”
includes both male and female persons in the service of an employer under any
appointment or contract of hire or apprenticeship, express or implied, oral or
written, whether lawfully or unlawfully employed.
[Part 1:71:1919; A 1937, 52; 1931 NCL § 2775]—(NRS A
1975, 1582; 1985,
578; 2003,
1518)
NRS 608.011 “Employer” defined. “Employer”
includes every person having control or custody of any employment, place of
employment or any employee.
(Added to NRS by 1985, 578)
NRS 608.0113 “Private employment” defined. “Private
employment” means all employment other than employment under the direction,
management, supervision and control of this State or any county, city or town
therein, or any office or department thereof.
(Added to NRS by 1985, 578)
NRS 608.0116 “Professional” defined. “Professional”
means pertaining to:
1. An employee who is licensed or
certified by the State of Nevada for and engaged in the practice of law or any
of the professions regulated by chapters 623
to 645, inclusive, 645G and 656A
of NRS.
2. A creative professional as described in
29 C.F.R. § 541.302 who is not an employee of a contractor as that term is
defined in NRS 624.020.
(Added to NRS by 1985, 578; A 1991, 994; 1999, 3074; 2001, 1778; 2003, 912; 2005, 1140; 2011, 878, 1099, 1521)
NRS 608.012 “Wages” defined. “Wages”
means:
1. The amount which an employer agrees to
pay an employee for the time the employee has worked, computed in proportion to
time; and
2. Commissions owed the employee,
Ê but excludes
any bonus or arrangement to share profits.
(Added to NRS by 1985, 578)
NRS 608.0123 “Week of work” defined. “Week
of work” means 7 consecutive periods of 24 hours which may begin on any day and
at any hour of the day.
(Added to NRS by 1985, 578)
NRS 608.0126 “Workday” defined. “Workday”
means a period of 24 consecutive hours which begins when the employee begins
work.
(Added to NRS by 1985, 578)
NRS 608.013 Employer to post abstract of chapter. Every
employer shall conspicuously post and keep so posted on the premises where any
person is employed a printed abstract of this chapter to be furnished by the
Labor Commissioner.
(Added to NRS by 1975, 1584)
NRS 608.015 Unlawful to induce employee to refrain from testifying. It is unlawful for any person by force,
intimidation, threat of procuring dismissal from employment or in any other
manner to induce or attempt to induce an employee to refrain from testifying in
any investigation or proceeding relating to or arising under this chapter, or
to discharge or penalize any employee for so testifying.
(Added to NRS by 1975, 1582)
PAYMENT AND COLLECTION OF WAGES AND OTHER BENEFITS
NRS 608.016 Payment for each hour of work; trial or break-in period not
excepted. An employer shall pay to
the employee wages for each hour the employee works. An employer shall not
require an employee to work without wages during a trial or break-in period.
(Added to NRS by 1985, 578)
NRS 608.0165 Basis for payment of employee who manufactures or uses
explosives; penalty.
1. Except as otherwise provided in this
section, wages or compensation paid to an employee whose duties include the
manufacture of an explosive, or the use, processing, handling, on-site movement
or storage of an explosive that is related to its manufacture, must be based
solely on the number of hours the employee works. The provisions of this
subsection do not apply to persons employed in the mining industry.
2. Any person who violates the provisions
of subsection 1:
(a) For the first violation, shall be punished by
a fine of not less than $10,000 nor more than $20,000.
(b) For the second or any subsequent violation,
shall be punished by a fine of not less than $20,000 nor more than $50,000.
3. Except as otherwise provided in
subsection 4, as used in this section, “explosive” means gunpowders, powders
used for blasting, all forms of high explosives, blasting materials, fuses
other than electric circuit breakers, detonators and other detonating agents,
smokeless powders, other explosive or incendiary devices and any chemical
compound, mechanical mixture or device that contains any oxidizing and
combustible units, or other ingredients, in such proportions, quantities or
packing that ignition by fire, friction, concussion, percussion or detonation
of the compound, mixture or device or any part thereof may cause an explosion.
4. For the purposes of this section, an
explosive does not include:
(a) Ammunition for small arms, or any component
thereof;
(b) Black powder commercially manufactured in
quantities that do not exceed 50 pounds, percussion caps, safety and
pyrotechnic fuses, quills, quick and slow matches, and friction primers that
are intended to be used solely for sporting, recreation or cultural purposes:
(1) In an antique firearm, as that term is
defined in 18 U.S.C. § 921(a)(16), as that section existed on January 1, 1999;
or
(2) In an antique device which is exempted
from the definition of “destructive device” pursuant to 18 U.S.C. § 921(a)(4),
as that section existed on January 1, 1999; or
(c) Any explosive that is manufactured under the
regulation of a military department of the United States, or that is
distributed to, or possessed or stored by, the military or naval service or any
other agency of the United States, or an arsenal, a navy yard, a depot or any
other establishment owned by or operated on behalf of the United States.
(Added to NRS by 1999, 1114)
NRS 608.017 Discrimination on basis of sex prohibited; exceptions.
1. It is unlawful for any employer to
discriminate between employees, employed within the same establishment, on the
basis of sex by paying lower wages to one employee than the wages paid to an
employee of the opposite sex who performs equal work which requires equal
skill, effort and responsibility and which is performed under similar working
conditions.
2. The provisions of subsection 1 do not
apply where wages are paid pursuant to:
(a) A seniority system;
(b) A merit system;
(c) A compensation system under which wages are
determined by the quality or quantity of production; or
(d) A wage differential based on factors other
than sex.
3. An employer who violates the provisions
of this section shall not reduce the wages of any employees in order to comply
with such provisions.
(Added to NRS by 1975, 1584)
NRS 608.018 Compensation for overtime: Requirement; exceptions.
1. An employer shall pay 1 1/2 times an
employee’s regular wage rate whenever an employee who receives compensation for
employment at a rate less than 1 1/2 times the minimum rate prescribed pursuant
to NRS 608.250 works:
(a) More than 40 hours in any scheduled week of
work; or
(b) More than 8 hours in any workday unless by
mutual agreement the employee works a scheduled 10 hours per day for 4 calendar
days within any scheduled week of work.
2. An employer shall pay 1 1/2 times an
employee’s regular wage rate whenever an employee who receives compensation for
employment at a rate not less than 1 1/2 times the minimum rate prescribed
pursuant to NRS 608.250 works more than 40 hours in
any scheduled week of work.
3. The provisions of subsections 1 and 2
do not apply to:
(a) Employees who are not covered by the minimum
wage provisions of NRS 608.250;
(b) Outside buyers;
(c) Employees in a retail or service business if
their regular rate is more than 1 1/2 times the minimum wage, and more than
half their compensation for a representative period comes from commissions on
goods or services, with the representative period being, to the extent allowed
pursuant to federal law, not less than 1 month;
(d) Employees who are employed in bona fide
executive, administrative or professional capacities;
(e) Employees covered by collective bargaining
agreements which provide otherwise for overtime;
(f) Drivers, drivers’ helpers, loaders and
mechanics for motor carriers subject to the Motor Carrier Act of 1935, as
amended;
(g) Employees of a railroad;
(h) Employees of a carrier by air;
(i) Drivers or drivers’ helpers making local
deliveries and paid on a trip-rate basis or other delivery payment plan;
(j) Drivers of taxicabs or limousines;
(k) Agricultural employees;
(l) Employees of business enterprises having a
gross sales volume of less than $250,000 per year;
(m) Any salesperson or mechanic primarily engaged
in selling or servicing automobiles, trucks or farm equipment; and
(n) A mechanic or worker for any hours to which
the provisions of subsection 3 or 4 of NRS
338.020 apply.
(Added to NRS by 1975, 1583; A 1977, 1373; 1985, 578; 2003, 1742; 2005, 2520; 2009, 2493)
NRS 608.019 Periods for meals and rest.
1. An employer shall not employ an
employee for a continuous period of 8 hours without permitting the employee to
have a meal period of at least one-half hour. No period of less than 30 minutes
interrupts a continuous period of work for the purposes of this subsection.
2. Every employer shall authorize and
permit all his or her employees to take rest periods, which, insofar as
practicable, shall be in the middle of each work period. The duration of the
rest periods shall be based on the total hours worked daily at the rate of 10
minutes for each 4 hours or major fraction thereof. Rest periods need not be
authorized however for employees whose total daily work time is less than 3 and
one-half hours. Authorized rest period shall be counted as hours worked, for
which there shall be no deduction from wages.
3. This section does not apply to:
(a) Situations where only one person is employed
at a particular place of employment.
(b) Employees included within the provisions of a
collective bargaining agreement.
4. An employer may apply to the Labor
Commissioner for an exemption from providing to all or to one or more defined
categories of his or her employees one or more of the benefits conferred by
this section. The Labor Commissioner may grant the exemption if the Labor
Commissioner believes the employer has shown sufficient evidence that business
necessity precludes providing such benefits. Any exemption so granted shall
apply to members of either sex.
5. The Labor Commissioner may by
regulation exempt a defined category of employers from providing to all or to
one or more defined categories of their employees one or more of the benefits
conferred by this section, upon the Labor Commissioner’s own motion or upon the
application of an association of employers. Each such application shall be
considered at a hearing and may be granted if the Labor Commissioner finds that
business necessity precludes providing that particular benefit or benefits to
the employees affected. Any exemption so granted shall apply to members of
either sex.
(Added to NRS by 1975, 1583; A 1977, 82)
NRS 608.020 Discharge of employee: Immediate payment. Whenever an employer discharges an employee,
the wages and compensation earned and unpaid at the time of such discharge
shall become due and payable immediately.
[Part 2:71:1919; 1919 RL p. 2776; NCL § 2776]
NRS 608.030 Payment of employee who resigns or quits employment. Whenever an employee resigns or quits his or
her employment, the wages and compensation earned and unpaid at the time of the
employee’s resignation or quitting must be paid no later than:
1. The day on which the employee would
have regularly been paid the wages or compensation; or
2. Seven days after the employee resigns
or quits,
Ê whichever is
earlier.
[Part 2:71:1919; 1919 RL p. 2776; NCL § 2776]—(NRS A 1985, 382)
NRS 608.040 Penalty for failure to pay discharged or quitting employee.
1. If an employer fails to pay:
(a) Within 3 days after the wages or compensation
of a discharged employee becomes due; or
(b) On the day the wages or compensation is due
to an employee who resigns or quits,
Ê the wages or
compensation of the employee continues at the same rate from the day the
employee resigned, quit or was discharged until paid or for 30 days, whichever
is less.
2. Any employee who secretes or absents
himself or herself to avoid payment of his or her wages or compensation, or
refuses to accept them when fully tendered to him or her, is not entitled to
receive the payment thereof for the time he or she secretes or absents himself
or herself to avoid payment.
[Part 2:71:1919; 1919 RL p. 2776; NCL § 2776]—(NRS A 1985, 383)
NRS 608.050 Wages to be paid at termination of service: Penalty; employee’s
lien.
1. Whenever an employer of labor shall
discharge or lay off employees without first paying them the amount of any
wages or salary then due them, in cash and lawful money of the United States,
or its equivalent, or shall fail, or refuse on demand, to pay them in like
money, or its equivalent, the amount of any wages or salary at the time the
same becomes due and owing to them under their contract of employment, whether
employed by the hour, day, week or month, each of the employees may charge and
collect wages in the sum agreed upon in the contract of employment for each day
the employer is in default, until the employee is paid in full, without
rendering any service therefor; but the employee shall cease to draw such wages
or salary 30 days after such default.
2. Every employee shall have a lien as
provided in NRS 108.221 to 108.246, inclusive, and all other rights
and remedies for the protection and enforcement of such salary or wages as the
employee would have been entitled to had the employee rendered services
therefor in the manner as last employed.
[1:139:1925; NCL § 2785] + [2:139:1925; NCL §
2786]—(NRS A 1967, 146; 1969, 823)
NRS 608.060 Semimonthly payments; exceptions.
1. Except as otherwise provided in this
chapter, all wages or compensation of employees in private employment is due
semimonthly. All such wages or compensation earned and unpaid before the first
day of any month is due not later than 8 a.m. on the 15th day of the month
following that in which the wages or compensation was earned. All wages or
compensation earned and unpaid before the 16th day of any month is due not
later than 8 a.m. on the last day of the same month.
2. Nothing contained in this section
prohibits the contracting for the payment of or the payment of wages at more
frequent periods than semimonthly.
3. An employer in this State whose
principal place of business is located, and whose payroll is prepared, outside
of this State may designate one or more days in each month as fixed paydays for
the payment of wages to an employee employed in:
(a) A bona fide executive, administrative or
professional capacity, as defined in 29 C.F.R. §§ 541.1, 541.2 and 541.3;
(b) The capacity of outside salesperson, as
defined in 29 C.F.R. § 541.5; or
(c) The capacity of a supervisor, as defined in
29 U.S.C. § 152,
Ê as those
sections existed on October 1, 1993. The provisions of this subsection do not
apply with regard to an employee whose wages are determined pursuant to a
collective bargaining agreement.
4. Every agreement made in violation of
this section, except as provided in this chapter, is void, but any employee is
entitled to payment of such wages or compensation for the period during which
the wages or compensation was earned.
[Part 1:71:1919; A 1937, 52; 1931 NCL § 2775]—(NRS A 1993, 316)
NRS 608.070 Agreements between employers and employees for other than
semimonthly payments. Nothing in
this chapter shall be construed to mean that, on any special occasion where it
appears to be satisfactory and beneficial to both employer and employee, they
shall not have the right to agree, either verbally or in writing, as to where
and at what time, other than every 15 days, wages shall be paid; but it shall
be unlawful for any employer to require any employee to enter into any such
agreement as a condition to entering into or remaining in his or her service.
[8:71:1919; 1919 RL p. 2777; NCL § 2782]
NRS 608.080 Paydays and time and place of payment: Posting notice of regular
day, time and place; notice of change required; payment on irregular day.
1. Every employer shall establish and
maintain regular paydays as provided in this chapter and shall post and
maintain posted notices, printed in plain type or written in plain script, in
at least two conspicuous places where such notices can be seen by the
employees, setting forth the regular paydays as prescribed in this chapter and
the place of payment, which must be within the Justice Court precinct in which
such services were performed.
2. After an employer establishes regular
paydays and the place of payment, the employer shall not change a regular
payday or the place of payment unless, not fewer than 7 days before the change
is made, the employer provides the employees affected by the change with
written notice in a manner that is calculated to provide actual notice of the
change to each such employee.
3. If an employee is absent at the time
and place of the payment of wages or compensation, due and payable as
prescribed in this chapter, provided he or she does not secrete or absent
himself or herself to avoid such payment, the employee must be paid the same
within 5 days after making written demand therefor.
[Part 3:71:1919; 1919 RL p. 2776; NCL § 2777]—(NRS A 2003, 794)
NRS 608.090 Adjustment of wages for additional payments; notice by employer;
payment.
1. Every employer, having granted or
agreed to an adjustment of wages of an employee or employees wherein payments
additional to the regular wage payments pursuant to this chapter are made,
shall forward such adjusted wages in legal negotiable instruments to its agent
or paymaster in this State. The agent or paymaster shall post in two
conspicuous places at the office or other places used by the agent or paymaster
for the regular payment of wages a list of the names, together with a written
notice thereon that such wage payments will be held by such agent or paymaster
for 30 days from and after the date of posting of the lists and notice for the
purpose of payment thereof.
2. If any such employee shall at the time
be stationed at a place other than at the place of regular payment of wages,
either within or without the State of Nevada, the employer’s agent or paymaster
shall forward the wage payments to such employee or deliver the same to the
employee’s agent who has a written authorization signed by the employee
authorizing the employee’s agent to receive such payment.
3. The provisions of this section shall
not apply where payment of such additional pay is made directly to an employee
or employees.
[3a:71:1919; added 1945, 338; 1943 NCL § 2777.01]
NRS 608.100 Unlawful decrease in compensation by employer; unlawful
requirement to rebate compensation; prerequisites to lawfully decreasing
compensation.
1. It is unlawful for any employer to:
(a) Pay a lower wage, salary or compensation to
an employee than the amount agreed upon through a collective bargaining
agreement, if any;
(b) Pay a lower wage, salary or compensation to
an employee than the amount that the employer is required to pay to the
employee by virtue of any statute or regulation or by contract between the
employer and the employee; or
(c) Pay a lower wage, salary or compensation to
an employee than the amount earned by the employee when the work was performed.
2. It is unlawful for any employer to
require an employee to rebate, refund or return any part of the wage, salary or
compensation earned by and paid to the employee.
3. It is unlawful for any employer who has
the legal authority to decrease the wage, salary or compensation of an employee
to implement such a decrease unless:
(a) Not less than 7 days before the employee
performs any work at the decreased wage, salary or compensation, the employer
provides the employee with written notice of the decrease; or
(b) The employer complies with the requirements
relating to the decrease that are imposed on the employer pursuant to the
provisions of any collective bargaining agreement or any contract between the
employer and the employee.
[1:89:1943] + [2:89:1943] + [3:89:1943]—(NRS A 1967,
622; 2003, 795)
NRS 608.110 Withholding of portion of wages.
1. This chapter does not preclude the
withholding from the wages or compensation of any employee of any dues, rates
or assessments becoming due to any hospital association or to any relief,
savings or other department or association maintained by the employer or
employees for the benefit of the employees, or other deductions authorized by
written order of an employee.
2. At the time of payment of wages or
compensation, the employer shall furnish the employee with an itemized list
showing the respective deductions made from the total amount of wages or
compensation.
3. Except as otherwise provided by an
agreement between the employer and employee, any employer who withholds money
from the wages or compensation of an employee for deposit in a financial
institution shall deposit the money in the designated financial institution
within 5 working days after the day on which the wages or compensation from
which it was withheld is paid to the employee.
[4:71:1919; 1919 RL p. 2776; NCL § 2778]—(NRS A 1967,
33; 1983, 1042)
NRS 608.115 Records of wages.
1. Every employer shall establish and
maintain records of wages for the benefit of his or her employees, showing for
each pay period the following information for each employee:
(a) Gross wage or salary other than compensation
in the form of:
(1) Services; or
(2) Food, housing or clothing.
(b) Deductions.
(c) Net cash wage or salary.
(d) Total hours employed in the pay period by
noting the number of hours per day.
(e) Date of payment.
2. The information required by this
section must be furnished to each employee within 10 days after the employee
submits a request.
3. Records of wages must be maintained for
a 2-year period following the entry of information in the record.
(Added to NRS by 1975, 508; A 1979, 1488; 1983, 250; 1985, 579)
NRS 608.120 Manner of payment of wages. The
payment of wages or compensation must be made in lawful money of the United
States or by a good and valuable negotiable check or draft drawn only to the
order of the employee unless:
1. The employee has agreed in writing to
some other disposition of his or her wages; or
2. The employer has been directed to make
some other disposition of the employee’s wages by:
(a) A court of competent jurisdiction; or
(b) An agency of federal, state or local
government with jurisdiction to issue such directives.
Ê Such checks
or drafts must be payable on presentation thereof at some bank, credit union or
established place of business without discount in lawful money of the United
States. They must be payable at the place designated in the notice prescribed
in NRS 608.080.
[Part 3:71:1919; 1919 RL p. 2776; NCL § 2777]—(NRS A
1975, 1584; 1977,
275; 1983,
1104; 1999,
1521)
NRS 608.130 Payment of wages by negotiable instrument; rights of holder in
due course in event of nonpayment; penalty.
1. A person engaged in any business or
enterprise of any kind in this State shall not issue, in payment of, or as
evidence of, any indebtedness for wages due an employee, any order, check,
memorandum or other acknowledgment of indebtedness unless it is a negotiable
instrument payable without discount, in cash on demand, at some bank, credit
union or other established place of business but this subsection does not limit
or interfere with the right of any employee, by agreement, to accept from any
such person, as an evidence or acknowledgment of indebtedness for wages due the
employee, a negotiable instrument payable at some future date with interest.
2. In the event of nonpayment when due of
any negotiable instrument issued in payment of wages, the holder in due course
of the instrument succeeds and has the same rights, priorities and preferences
with respect to payment thereof, and stands in the same position, as the payee
of the instrument with respect to a claim for wages unpaid when due, in
addition to any other remedy available to the holder in due course provided by
law.
3. An employer who knowingly issues to an
employee a negotiable instrument in payment of wages for which there is
insufficient money, property or credit with the drawee of the instrument to pay
it in full upon presentation shall reimburse the employee for any penalty or
charge incurred by the employee arising from his or her reliance on the
validity of the instrument.
[1:66:1911; RL § 1939; NCL § 2783] + [1.5:66:1911;
added 1953, 64] + [2:66:1911; A 1953, 64]—(NRS A 1967, 622; 1985, 580; 1999, 1521)
NRS 608.140 Assessment of attorney’s fees in action for recovery of wages. Whenever a mechanic, artisan, miner, laborer,
servant or employee shall have cause to bring suit for wages earned and due
according to the terms of his or her employment, and shall establish by
decision of the court or verdict of the jury that the amount for which he or
she has brought suit is justly due, and that a demand has been made, in
writing, at least 5 days before suit was brought, for a sum not to exceed the
amount so found due, the court before which the case shall be tried shall allow
to the plaintiff a reasonable attorney fee, in addition to the amount found due
for wages and penalties, to be taxed as costs of suit.
[1:140:1925; NCL § 2787]
NRS 608.150 Original contractor liable for indebtedness for labor incurred
by subcontractor or contractor acting under, by or for original contractor;
civil action to recover.
1. Every original contractor making or
taking any contract in this State for the erection, construction, alteration or
repair of any building or structure, or other work, shall assume and is liable
for the indebtedness for labor incurred by any subcontractor or any contractors
acting under, by or for the original contractor in performing any labor,
construction or other work included in the subject of the original contract,
for labor, and for the requirements imposed by chapters
616A to 617, inclusive, of NRS.
2. It is unlawful for any contractor or
any other person to fail to comply with the provisions of subsection 1, or to
attempt to evade the responsibility imposed thereby, or to do any other act or
thing tending to render nugatory the provisions of this section.
3. The district attorney of any county
wherein the defendant may reside or be found shall institute civil proceedings
against any such original contractor failing to comply with the provisions of
this section in a civil action for the amount of all wages and damage that may
be owing or have accrued as a result of the failure of any subcontractor acting
under the original contractor, and any property of the original contractor, not
exempt by law, is subject to attachment and execution for the payment of any
judgment that may be recovered in any action under the provisions of this
section.
[1:208:1931; 1931 NCL § 2824] + [2:208:1931; 1931 NCL
§ 2825]—(NRS A 1967, 623; 1985, 580; 1999, 206)
NRS 608.155 Meals as part of wages or compensation; exception.
1. A part of wages or compensation may, if
mutually agreed upon by an employee and employer in the contract of employment,
consist of meals. In no case shall the value of the meals be computed at more
than $1.50 per day. In no case shall the value of the meals consumed by such
employee be computed or valued at more than 35 cents for each breakfast
actually consumed, 45 cents for each lunch actually consumed, and 70 cents for
each dinner actually consumed.
2. The monetary limitations on the value
of meals, contained in subsection 1, do not apply to agricultural employees.
(Added to NRS by 1975, 1582)
NRS 608.1555 Benefits for health care: Provision in same manner as policy of
insurance. Any employer who provides
benefits for health care to his or her employees shall provide the same
benefits and pay providers of health care in the same manner as a policy of
insurance pursuant to chapters 689A and 689B of NRS.
(Added to NRS by 1985, 2097)
NRS 608.156 Benefits for health care: Expenses for treatment of abuse of
alcohol and drugs.
1. If an employer provides health benefits
for his or her employees, the employer shall provide benefits for the expenses
for the treatment of abuse of alcohol and drugs. The annual benefits provided
by the employer must consist of:
(a) Treatment for withdrawal from the
physiological effects of alcohol or drugs, with a maximum benefit of $1,500 per
calendar year.
(b) Treatment for a patient admitted to a
facility, with a maximum benefit of $9,000 per calendar year.
(c) Counseling for a person, group or family who
is not admitted to a facility, with a maximum benefit of $2,500 per calendar
year.
2. The maximum amount which may be paid in
the lifetime of the insured for any combination of the treatments listed in
subsection 1 is $39,000.
3. These benefits must be paid in the same
manner as benefits for any other illness covered by the employer are paid.
4. The employee is entitled to these
benefits if treatment is received in any:
(a) Program for the treatment of abuse of alcohol
or drugs which is certified by the Division of Public and Behavioral Health of
the Department of Health and Human Services.
(b) Hospital or other medical facility or
facility for the dependent which is licensed by the Division of Public and
Behavioral Health of the Department of Health and Human Services, accredited by
The Joint Commission and provides a program for the treatment of abuse of
alcohol or drugs as part of its accredited activities.
(Added to NRS by 1983, 2044; A 1985, 1572, 1764; 1993, 1803; 1999, 1887; 2001, 438)
NRS 608.157 Benefits for health care: Coverage for mastectomy and
reconstructive surgery.
1. If an employer provides health benefits
for his or her employees which include coverage for the surgical procedure
known as a mastectomy, the employer must also provide commensurate coverage for
at least two prosthetic devices and for reconstructive surgery incident to the
mastectomy. Except as otherwise provided in subsection 2, this coverage is
subject to the same terms and conditions that apply to the coverage for the
mastectomy.
2. If reconstructive surgery is begun
within 3 years after a mastectomy, the amount of the benefits for that surgery
must equal those amounts provided at the time of the mastectomy. If the surgery
is begun more than 3 years after the mastectomy, the benefits provided are
subject to all the terms, conditions and exclusions relating to those benefits
at the time of the reconstructive surgery.
3. For the purposes of this section,
“reconstructive surgery” means a surgical procedure performed following a
mastectomy on one breast or both breasts to re-establish symmetry between the
two breasts. The term includes, but is not limited to, augmentation
mammoplasty, reduction mammoplasty and mastopexy.
(Added to NRS by 1983, 617; A 1989, 1891)
NRS 608.1575 Benefits for health care: Services provided by certain nurses.
1. If an employer provides health benefits
for his or her employees which include coverage for services which are within
the authorized scope of practice of a registered nurse who is authorized
pursuant to chapter 632 of NRS to perform
additional acts in an emergency or under other special conditions as prescribed
by the State Board of Nursing, and which are reimbursed when provided by
another provider of health care, the employees are entitled to reimbursement
for services provided by such a registered nurse.
2. The benefits provided by the employer
must not limit:
(a) Coverage for services provided by such a
registered nurse to a number of occasions less than for services provided by
another provider of health care.
(b) Reimbursement for services provided by such a
registered nurse to an amount less than that reimbursed for similar services
provided by another provider of health care.
3. The employer is not required to pay for
services provided by such a registered nurse which duplicate services provided
by another provider of health care.
(Added to NRS by 1985, 1450)
NRS 608.1576 Benefits for health care: Prompt enrollment and restrictions on
termination of enrollment of child; withholding of employee’s wages; remedies
are cumulative. If an employer
provides benefits for health care to his or her employees and the benefits
include coverage of the employee’s family, the employer shall:
1. Permit an employee who is required by
the order of a court or administrative tribunal to provide health coverage for
his or her child to enroll the child for coverage as a member of the employee’s
family without regard to a restriction on periods of enrollment applicable to
the employee.
2. If the parent so required is enrolled
for coverage but does not apply to enroll the child, permit the child’s other
parent or the Division of Welfare and Supportive Services of the Department of
Health and Human Services to enroll the child.
3. Not terminate the enrollment of the
child in that coverage or otherwise eliminate that coverage of the child unless
the insurer has written proof that:
(a) The order for medical coverage is no longer
in effect; or
(b) The child is or will be enrolled in
comparable coverage through another insurer on or before the effective date of
the termination of enrollment or elimination of coverage.
4. Withhold from the employee’s wages, and
pay to the insurer if the employer is not self-insured, the employee’s share,
if any, of the cost of the coverage provided for the child but not more than
the amount of withholding for insurance permitted by federal law or regulation.
Ê The purpose
of this section is to ensure that children are promptly enrolled in a program
of health insurance provided by the responsible parent and that the health
insurance is maintained. The remedies provided in this section are cumulative
and in addition to any other remedy provided by law to the extent they are not
inconsistent with the provisions of NRS
33.035 and chapters 31A, 125B, 130
and 425 of NRS.
(Added to NRS by 1995, 2426; A 2003, 1756)
NRS 608.1577 Notices to employees: Acceptance of, change in or termination of
benefits; change of insurer; nonpayment of premium.
1. An employer shall notify his or her
employees of the employer’s intent to accept a policy of group life, dental or
health insurance which covers the employees.
2. If an employer is the policyholder of a
policy of group life, dental or health insurance which covers his or her
employees, the employer shall notify the insurer and employees of his or her
intent to terminate, reduce or modify substantially any benefit under the
policy, or to change insurers.
3. If an employer is the policyholder or
contract holder under a policy or contract issued pursuant to chapter 689B, 695A,
695B, 695C,
695D or 695F
of NRS, or NRS 689C.015 to 689C.590, inclusive, and which provides
benefits for his or her employees, the employer shall, if applicable, notify
the employees of:
(a) The employer’s inability to pay a premium
when due; and
(b) The employer’s intention to stop paying
premiums.
4. Any notice required pursuant to this
section must be:
(a) Given at least 15 days before the:
(1) Acceptance of, change in or
termination of benefits or insurers; or
(2) Next unpaid premium is due; and
(b) Conspicuously posted at the place of
employment or given in another manner which ensures that all employees will
receive the information.
(Added to NRS by 1985, 1061; A 1989, 1255; 1993, 1982; 1995, 2683; 1997, 2962)
NRS 608.158 Notice of failure to pay premiums for employee’s insurance;
employer’s liability for deductions for premiums and failure to pay premiums
without giving required notice; distribution of money recovered by Labor
Commissioner for claims brought against employer.
1. If an employer is the policyholder of a
policy of group life or health insurance which covers his or her employees, the
employer shall notify the employees of his or her inability to pay a premium
when due or of his or her intention to stop paying premiums. The notice must
be:
(a) Given at least 10 days before the coverage
will cease; and
(b) Conspicuously posted at the place of
employment or given in another manner which ensures that all employees will
receive the information.
2. In addition to any other remedy or
penalty provided in this chapter, an employer is liable to an employee for any
money deducted from the employee’s wages for the payment of premiums on a
policy of group life or health insurance if the money was not so used.
3. In addition to any other remedy or
penalty provided in this chapter, if:
(a) An employer knowingly and willfully stops
paying premiums on a policy of group life or health insurance and fails to give
proper and timely notice to his or her employees pursuant to subsection 1; and
(b) One or more of the employees, after coverage
under the policy ceases and before they are given notice that the employer has
stopped paying premiums, incur claims for benefits which those employees would
have received under the policy had their coverage not ceased,
Ê the employer
is liable to those employees for the amount of the claims incurred, except that
the employer’s total liability for all such claims combined must not exceed the
amount of the premiums, calculated on a monthly basis, that the employer would
have been required to pay under the policy to provide coverage for those
employees during the period in which the claims were incurred by the employees.
4. If the Labor Commissioner brings an
action pursuant to subsection 3 against an employer on behalf of the employees,
any money recovered by the Labor Commissioner must be distributed on a pro rata
basis among the employees who have claims against the employer, except that no
employee may recover more than the total amount of all claims that the employee
has against the employer. If the amount of money recovered by the Labor
Commissioner exceeds the total amount of all claims from all employees, the
excess amount must be deposited in the State General Fund.
(Added to NRS by 1983, 1890; A 1985, 1062; 2005, 203)
NRS 608.1585 Notice to employee upon termination of employment of right to be
issued insurance to replace group policy. If
an employer is the policyholder of a policy of group life or health insurance
which covers his or her employees, the employer shall give each employee upon
the termination of employment written notice of his or her right to be issued
by the insurer a policy of life or health insurance to replace the group
policy.
(Added to NRS by 1985, 1062)
NRS 608.160 Taking or making deduction on account of tips or gratuities
unlawful; employees may divide tips or gratuities among themselves.
1. It is unlawful for any person to:
(a) Take all or part of any tips or gratuities
bestowed upon the employees of that person.
(b) Apply as a credit toward the payment of the
statutory minimum hourly wage established by any law of this State any tips or
gratuities bestowed upon the employees of that person.
2. Nothing contained in this section shall
be construed to prevent such employees from entering into an agreement to
divide such tips or gratuities among themselves.
[1:17:1939; 1931 NCL § 2826] + [2:17:1939; 1931 NCL §
2827]—(NRS A 1967, 623; 1971, 1263; 1973, 644)
NRS 608.165 Special uniforms, accessories and cleaning to be furnished
without cost to employee. All
uniforms or accessories distinctive as to style, color or material shall be
furnished, without cost, to employees by their employer. If a uniform or
accessory requires a special cleaning process, and cannot be easily laundered
by an employee, such employee’s employer shall clean such uniform or accessory
without cost to such employee.
(Added to NRS by 1975, 1584)
NRS 608.170 Assignment of wages void against judgment creditors; prima facie
evidence of fraud. Every assignment
of wages, salary or earnings made within the State of Nevada by any person
against whom there is, at the time such assignment is made, an unsatisfied
judgment for debt on the records of any court within the State of Nevada shall
be prima facie evidence of fraud, and shall be void as against the judgment
creditors of the person making such an assignment.
[1:94:1917; A 1939, 248; 1931 NCL § 1550]
NRS 608.180 Enforcement of NRS 608.005 to 608.195,
inclusive; prosecution. The Labor
Commissioner or the representative of the Labor Commissioner shall cause the
provisions of NRS 608.005 to 608.195,
inclusive, to be enforced, and upon notice from the Labor Commissioner or the
representative:
1. The district attorney of any county in
which a violation of those sections has occurred;
2. The Deputy Labor Commissioner, as
provided in NRS 607.050;
3. The Attorney General, as provided in NRS 607.160 or 607.220; or
4. The special counsel, as provided in NRS 607.065,
Ê shall
prosecute the action for enforcement according to law.
[7:71:1919; 1919 RL p. 2777; NCL § 2781]—(NRS A 1975,
1585; 1987,
1735; 1997,
195, 3162;
1999, 1115;
2003, 795)
NRS 608.190 Willful failure or refusal to pay wages due prohibited. A person shall not willfully refuse or neglect
to pay the wages due and payable when demanded as provided in this chapter, nor
falsely deny the amount or validity thereof or that the amount is due with
intent to secure for the person, the person’s employer or any other person any
discount upon such indebtedness, or with intent to annoy, harass, oppress,
hinder, delay or defraud the person to whom such indebtedness is due.
[6:71:1919; A 1925, 242; 1931, 246; 1931 NCL §
2780]—(NRS A 1967, 624; 1975, 1585; 1985, 581)
NRS 608.195 Criminal and administrative penalties.
1. Except as otherwise provided in NRS 608.0165, any person who violates any provision
of NRS 608.005 to 608.195,
inclusive, or any regulation adopted pursuant thereto, is guilty of a
misdemeanor.
2. In addition to any other remedy or penalty,
the Labor Commissioner may impose against the person an administrative penalty
of not more than $5,000 for each such violation.
(Added to NRS by 1975, 1584; A 1985, 581; 1987, 1736; 1999, 1115; 2003, 795)
WORKING HOURS IN PARTICULAR EMPLOYMENTS
NRS 608.200 Underground mines and workings; criminal and administrative
penalties.
1. Except as otherwise provided in this
section, the period of employment for all persons who are employed, occupied or
engaged in work or labor of any kind or nature in underground mines or
underground workings in search for or in extraction of minerals, whether base
or precious, metallic or nonmetallic, or who are engaged in such underground
mines or underground workings, or who are employed, engaged or occupied in
other underground workings of any kind or nature for the purpose of tunneling,
making excavations or to accomplish any other purpose or design, must not
exceed 8 hours within any 24 hours. The 8-hour limit applies only to time
actually employed in the mine and does not include time consumed for meals or
travel into or out of the actual work site. It is unlawful for a person or an
agent of the person to hire, contract with or cause any person to work for a
period longer than the provisions of this section allow.
2. In cases of emergency where life or
property is in danger, the period may be prolonged during the continuance of
the emergency.
3. This section does not prevent change in
the hours of employment from one part of the day to another at stated periods,
nor does it prevent the employment of any of the persons mentioned in this
section for more than 8 hours during the day in which a change is made. Such a
change in the hours of employment must not occur more than once in any 2 weeks.
4. This section does not preclude a repair
or maintenance crew from completing any repair or maintenance work upon which
it is engaged at the end of an 8-hour period. This section does not preclude an
employee from working a subsequent shift or period thereof in the same 24 hours
if no qualified employee is available for relief.
5. If a majority of the employees whose
hours are limited by this section agree to a policy proposed by their employer
for periods of work in excess of 8 hours in a 24-hour period, the employer may
adopt such a policy. The agreement required for such a policy must be evidenced
by the results of an election held during regular working hours using secret
ballots. All affected employees who are employed by the employer not later than
24 hours before the voting begins are eligible to cast a ballot.
6. Before such an election may be
conducted, the employer must hold informational meetings for the affected
employees on each shift during the regular working hours of the affected employees.
At each such meeting the employer shall explain the effect of the proposed
policy on the hours and compensation of the employees. Written notice of these
informational meetings must be posted conspicuously in at least three locations
throughout the mine site for at least 7 consecutive days before the date of the
meetings. The notice must include the time, date, place and purpose of the
meetings. Written notice of the time, date, place and purpose of the election
must be posted in the same manner and for the same period. Failure to comply
with the procedural requirements of this subsection make the results of the
election void for the purposes of this section.
7. This section does not apply to
employees who are covered by a valid collective bargaining agreement.
8. Any person who willfully violates any
provision of subsection 1 or any regulation adopted pursuant thereto is guilty
of a misdemeanor.
9. In addition to any other remedy or
penalty, the Labor Commissioner may impose against the person an administrative
penalty of not more than $5,000 for each such violation.
[1911 C&P § 289; A 1927, 186; 1949, 197; 1951,
65] + [Part 1911 C&P § 291; RL § 6556; NCL § 10239]—(NRS A 1967, 624; 1993, 821; 2003, 796)
MINIMUM WAGE
NRS 608.250 Establishment by Labor Commissioner; exceptions; penalty.
1. Except as otherwise provided in this
section, the Labor Commissioner shall, in accordance with federal law,
establish by regulation the minimum wage which may be paid to employees in
private employment within the State. The Labor Commissioner shall prescribe
increases in the minimum wage in accordance with those prescribed by federal
law, unless the Labor Commissioner determines that those increases are contrary
to the public interest.
2. The provisions of subsection 1 do not
apply to:
(a) Casual babysitters.
(b) Domestic service employees who reside in the
household where they work.
(c) Outside salespersons whose earnings are based
on commissions.
(d) Employees engaged in an agricultural pursuit
for an employer who did not use more than 500 days of agricultural labor in any
calendar quarter of the preceding calendar year.
(e) Taxicab and limousine drivers.
(f) Persons with severe disabilities whose
disabilities have diminished their productive capacity in a specific job and
who are specified in certificates issued by the Rehabilitation Division of the
Department of Employment, Training and Rehabilitation.
3. It is unlawful for any person to
employ, cause to be employed or permit to be employed, or to contract with,
cause to be contracted with or permit to be contracted with, any person for a
wage less than that established by the Labor Commissioner pursuant to the
provisions of this section.
(Added to NRS by 1965, 696; A 1969, 724; 1973, 1375;
1975, 500, 1582; 1977,
1372; 1987,
1190; 1989,
1803; 1993,
1803; 2001,
564)
NRS 608.255 Relationships which do not constitute employment relationships
for purposes of minimum wage. For
the purposes of this chapter and any other statutory or constitutional
provision governing the minimum wage paid to an employee, the following relationships
do not constitute employment relationships and are therefore not subject to
those provisions:
1. The relationship between a
rehabilitation facility or workshop established by the Department of
Employment, Training and Rehabilitation pursuant to chapter 615 of NRS and an individual with a
disability who is participating in a training or rehabilitative program of such
a facility or workshop.
2. The relationship between a provider of
jobs and day training services which is recognized as exempt pursuant to the
provisions of 26 U.S.C. § 501(c)(3) and which has been issued a certificate by
the Division of Public and Behavioral Health of the Department of Health and
Human Services pursuant to NRS 435.130
to 435.310, inclusive, and a person
with an intellectual disability or a person with a related condition participating
in a jobs and day training services program.
(Added to NRS by 2007, 541; A 2009, 2241;
2013, 698,
3066)
NRS 608.260 Action by employee to recover difference between minimum wage
and amount paid; limitation of action. If
any employer pays any employee a lesser amount than the minimum wage prescribed
by regulation of the Labor Commissioner pursuant to the provisions of NRS 608.250, the employee may, at any time within 2
years, bring a civil action to recover the difference between the amount paid
to the employee and the amount of the minimum wage. A contract between the
employer and the employee or any acceptance of a lesser wage by the employee is
not a bar to the action.
(Added to NRS by 1965, 696; A 1975, 1585; 1977, 1374; 2001, 565)
NRS 608.270 Duties of Labor Commissioner and district attorneys.
1. The Labor Commissioner shall:
(a) Administer and enforce the provisions of NRS 608.250; and
(b) Furnish the district attorney of any county
or the Attorney General all data and information concerning violations of the
provisions of NRS 608.250, occurring in the county
coming to the attention of the Labor Commissioner.
2. Each district attorney shall, if a
complaint is made to him or her by the Labor Commissioner or by any aggrieved
person, prosecute each violation of the provisions of NRS
608.250 that occurs in the district attorney’s county. If any such district
attorney fails, neglects or refuses for 20 days to commence a prosecution for a
violation of the provisions of NRS 608.250, after
being furnished data and information concerning the violation, and diligently
to prosecute the same to conclusion, the district attorney is guilty of a
misdemeanor, and in addition thereto must be removed from office.
(Added to NRS by 1965, 696; A 1967, 626; 2001, 565)
NRS 608.280 Proceedings against district attorney to be instituted by
Attorney General. When a complaint
is made to the Attorney General by the Labor Commissioner or by an aggrieved
person that any district attorney has been guilty of a willful violation of NRS 608.270, the Attorney General shall make an
investigation of the complaint, and if, after such investigation, the Attorney
General is of the opinion that the complaint is well founded, the Attorney
General shall institute proceedings against the district attorney for the
enforcement of the penalties provided in NRS 608.270.
(Added to NRS by 1965, 697; A 1967, 806)
NRS 608.290 Criminal and administrative penalties.
1. Any person who violates any provision
of NRS 608.250 or any regulation adopted pursuant
thereto is guilty of a misdemeanor.
2. In addition to any other remedy or
penalty, the Labor Commissioner may impose against the person an administrative
penalty of not more than $5,000 for each such violation.
(Added to NRS by 1965, 697; A 1967, 626; 2003, 797)
ENTERTAINMENT PRODUCTIONS
NRS 608.300 Definitions. As
used in NRS 608.300 to 608.330,
inclusive, unless the context otherwise requires:
1. “Artist” means an actor, actress,
musician, dancer or athlete.
2. “Production” means a stage production,
concert, trade show, exhibition, convention or sporting event. The term
includes the technical personnel used to create and produce the production.
3. “Producer-promoter-employer” means a
natural person who, or a firm, association or corporation which, supervises or
finances a production or attempts to organize a production.
(Added to NRS by 1973, 1115; A 1995, 1027; 1997, 2480; 1999, 3115)
NRS 608.310 Producer-promoter-employer required to obtain permit;
application; fee; exceptions.
1. Except as otherwise provided in
subsection 4, a producer-promoter-employer intending to do business in this
State must obtain a permit from the Labor Commissioner.
2. An application for the permit required
by subsection 1 must contain information concerning:
(a) The applicant’s name and permanent address;
(b) The financing for the production;
(c) The type of production intended by the applicant,
the number of artists, technical personnel and other persons required for the
production and where the applicant intends to exhibit the production; and
(d) Such other information as the Labor
Commissioner may require by regulation for the protection of persons associated
with the entertainment industry.
3. The Labor Commissioner may by
regulation require a reasonable fee for processing an application.
4. The provisions of this section do not
apply to any producer-promoter-employer who produces proof to the Labor
Commissioner or, in a county whose population is 700,000 or more, produces
proof to the department or agency within that county which is authorized to
issue business licenses on behalf of the county that the
producer-promoter-employer:
(a) Has been in the business of a
producer-promoter-employer in this State for the 5-year period immediately
preceding the filing of the application and has had no successful wage claim
filed with the Labor Commissioner during that period;
(b) Has sufficient tangible assets in this State
which, if executed upon, would equal or exceed the amount of bond required; or
(c) Holds a license to operate a nonrestricted
gaming operation in this State.
(Added to NRS by 1973, 1115; A 1995, 1027; 1997, 2480; 1999, 3115; 2011, 1299)
NRS 608.320 Producer-promoter-employer required to post bond to secure
payment of wages in certain circumstances; amount of bond; conditions of bond. A producer-promoter-employer required by NRS 608.310 to obtain a permit from the Labor
Commissioner must, before being granted the permit, post a bond with:
1. The Labor Commissioner; or
2. In a county whose population is 700,000
or more, with the department or agency within that county which is authorized
to issue business licenses on behalf of the county,
Ê in the
amount of at least twice the average weekly wages to be paid by the
producer-promoter-employer to persons to be employed in the production. Except
as otherwise provided in this section, the bond must be conditioned on the
payment of all wages due all artists, technical personnel and other persons
employed in the production upon the cessation of the production or upon the
subrogation of another for the liabilities of the producer-promoter-employer,
if that subrogation is satisfactory to the Labor Commissioner. The bond need
not be conditioned upon the payment of any wages due to the persons who are the
celebrity headliners in the production or the executive personnel, managers or
supervisors.
(Added to NRS by 1973, 1116; A 1995, 1028; 1997, 2482; 2011, 1300)
NRS 608.330 Criminal and administrative penalties.
1. Any person who violates any provision
of NRS 608.300 to 608.330,
inclusive, or any regulation adopted pursuant thereto is guilty of a
misdemeanor.
2. In addition to any other remedy or
penalty, the Labor Commissioner may impose against the person an administrative
penalty of not more than $5,000 for each such violation.
(Added to NRS by 1979, 346; A 1997, 2482; 1999, 3116; 2003, 797)
