The Administrator of
the Employment Security Division of the Department of Employment,
Training and Rehabilitation shall establish and maintain free public
employment offices as provided in chapter 612
of NRS.
[Part 8:59:1941; 1931 NCL § 2825.25g]—(NRS A 1993, 1804)
PRIVATE EMPLOYMENT AGENCIES
As used in NRS 611.020 to 611.320 ,
inclusive:
1. “Babysitting” means employment to care for children during a
short absence of the parents or guardian.
2. “Employment agency” means any person who, for a fee, commission
or charge:
(a) Furnishes information to a person seeking employment enabling
or tending to enable him to secure employment;
(b) Furnishes information to a person seeking employees enabling or
tending to enable him to obtain employees; or
(c) Maintains a record of persons seeking employment or employees.
Ê “Employment agency” does not include a recognized labor union, an
employer who procures his own employees or an employee who procures other
employees for his employer only.
3. “Gross cash wage” means wages and salary, an allocation for
lodging if lodging is furnished in the employment agreement, commissions
paid and any other supplemental compensation, excluding tips and bonuses.
4. “Labor Commissioner” means the Labor Commissioner of the State
of Nevada.
[1:167:1919; A 1923, 78; NCL § 2835]—(NRS A 1975, 1096; 1985, 533,
1780)
The Labor Commissioner shall administer the provisions of NRS 611.020
to 611.320 , inclusive, and may adopt reasonable
regulations to carry out the purposes of these sections.
(Added to NRS by 1975, 1095; A 1985, 1781)
1. The Labor Commissioner or his designee may conduct hearings in
the performance of his duties as set forth in NRS 611.020 to 611.320 ,
inclusive, and may:
(a) Issue subpoenas for the attendance of witnesses and for the
production of papers; and
(b) Administer oaths, examine witnesses and take testimony.
2. If any person fails to comply with any subpoena or order
lawfully issued by the Labor Commissioner or his designee or to testify
to any matter regarding which the person may be lawfully interrogated,
the district court, upon application of the Labor Commissioner or his
designee, shall compel obedience to the subpoena or order or require the
testimony by proceedings for contempt.
(Added to NRS by 1975, 1096; A 1977, 83; 1981, 95; 1985, 1781)
1. A person shall not open, keep, operate or maintain an
employment agency in this State without first obtaining a license
therefor as provided in NRS 611.020 to
611.320 , inclusive, from the Labor
Commissioner.
2. No employment agency may solicit any employer in this State and
refer or place any person for employment with such employer or otherwise
do business in this State unless such employment agency has obtained a
license from the Labor Commissioner under the provisions of NRS 611.045
.
3. Any person who opens, keeps, operates or maintains an
employment agency without first procuring a license is guilty of a
misdemeanor.
[Part 2:167:1919; 1919 RL p. 2781; NCL § 2836]—(NRS A 1967, 627;
1975, 1097)
1. A written application for a license to conduct a private
employment agency in this State must be made to the Labor Commissioner
and must contain:
(a) The name and address of the applicant;
(b) The street and number of the building or place where the
business is to be conducted; and
(c) The business or occupation in which the applicant was engaged
for at least 2 years immediately preceding the date of the application.
2. The application must be accompanied by:
(a) Affidavits of at least two reputable residents of this State
stating that the applicant is a person of good moral character; and
(b) Proof that the applicant is a resident of this State.
[3:167:1919; 1919 RL p. 2781; NCL § 2837]—(NRS A 1975, 1097; 1985,
1781)
1. The Labor Commissioner may issue a license to an applicant for
the conduct of an employment agency:
(a) After making an investigation of the applicant and finding that
he is of good moral character and has not been convicted of a felony
relating to the conduct of an employment agency or any offense involving
moral turpitude;
(b) After making an investigation of the premises where the
proposed employment agency will be conducted and finding that the
premises are suitable for the purpose;
(c) Upon determining that the applicant is a resident of this
State; and
(d) Upon the applicant’s payment of the licensing fee prescribed in
NRS 611.060 .
2. The Labor Commissioner shall complete his investigation of the
applicant within 60 days after such applicant has submitted his
application.
3. A license to conduct an employment agency is valid only as to
the person and place named in the license and is effective from the date
specified therein to and including the next following December 31, unless
sooner suspended or revoked.
4. Annually at least 15 days prior to the expiration date of the
license, the licensee must apply for renewal in the manner prescribed by
regulation of the Labor Commissioner. Pending administrative action on a
renewal application, the license may be continued in effect for a period
not to exceed 60 days beyond the expiration date of the license.
(Added to NRS by 1975, 1095; A 2003, 2702 )
1. The Labor Commissioner, upon reasonable notice and opportunity
for a licensed employment agency to be heard, may deny, suspend or revoke
its license after finding that it has failed to comply with any provision
of NRS 611.020 to 611.320 , inclusive.
2. When, in the opinion of the Labor Commissioner, a community is
being adequately served by existing licensed employment agencies, he may
deny the establishment therein of any other employment agency.
[Part 4:167:1919; A 1931, 54; 1931 NCL § 2838]—(NRS A 1975, 1097)
Any employment agency shall be
permitted to continue doing business as a licensed agency during the
pendency of the proceedings for review of any final order of the Labor
Commissioner.
(Added to NRS by 1975, 1096; A 1977, 83)
Every person licensed
under the provisions of NRS 611.020 to
611.320 , inclusive, to carry on the
business of an employment agency must pay to the Labor Commissioner a fee
of $100 before the license is issued, and thereafter he must pay a fee of
$100 on or before the last day of each year to carry on the business for
the following year. No fee may be refunded.
[Part 5:167:1919; A 1923, 78; NCL § 2839]—(NRS A 1975, 1098; 1983,
294)
1. Before a license is issued, the applicant shall deposit with
the Labor Commissioner a bond, approved by the Labor Commissioner, in the
sum of $1,000 with two or more sureties or an authorized surety company
as surety. A notice of 30 days must be given to the Labor Commissioner
before cancellation of the bond.
2. The bond must be conditioned so that the suspension,
revocation, surrender or expiration of the license to operate the
employment agency does not affect the coverage of the bond as to a claim
arising out of acts that occurred before the date of the suspension,
revocation, surrender or expiration of the license.
3. In lieu of a bond an applicant may deposit with the Labor
Commissioner:
(a) An amount of money or bonds of the United States or of the
State of Nevada of an actual market value not less than the amount fixed
by the Labor Commissioner; or
(b) A savings certificate of a bank, credit union or savings and
loan association situated in Nevada, which indicates an account
containing an amount equal to the amount of the bond which would
otherwise be required by this section and that this amount is unavailable
for withdrawal except upon order of the Labor Commissioner. Interest
earned on this amount accrues to the account of the applicant.
4. The Labor Commissioner may at any time require the licensee to
file a new or supplementary bond, or a deposit in lieu thereof, in a form
and amount of not more than $5,000 to conform to the provisions of this
section if the Labor Commissioner deems the initial deposit or surety of
the initial bond to be unsatisfactory or the amount of the deposit or
bond to have become insufficient to satisfy all claims, accrued or
contingent, against the licensee.
5. Any money received in lieu of a bond must be deposited with the
State Treasurer for credit to the Labor Commissioner’s Account for Bonds,
which is hereby created in the State Agency Fund for Bonds. The deposit
must not be released for a period of 90 days following the date of
suspension, revocation, surrender or expiration of the license.
[Part 5:167:1919; A 1923, 78; NCL § 2839]—(NRS A 1965, 67; 1975,
1098; 1977, 571; 1985, 722; 1991, 1798; 1999, 1522 )
The bond shall be payable to the people of the State of
Nevada and shall be conditioned that the person applying for the license
will comply with the provisions of NRS 611.020 to 611.320 ,
inclusive, and shall pay all damages occasioned to any person by reason
of any misstatement, misrepresentation, fraud or deceit, or any unlawful
act or omission of any licensee, made, committed or omitted in the
business conducted under the license, or caused by any other violation of
such provisions in carrying on the business for which the license is
granted.
[Part 5:167:1919; A 1923, 78; NCL § 2839]—(NRS A 1975, 1098)
If at any time the sureties or any of them shall
become irresponsible, the licensee shall, upon receipt of notice from the
Labor Commissioner, give a new bond, subject to the provisions of NRS
611.070 and 611.080 . The failure to give a new bond within 10 days
after such notice operates as a revocation of the license. The license
shall thereupon be returned to the Labor Commissioner, who shall destroy
the license.
[Part 5:167:1919; A 1923, 78; NCL § 2839]—(NRS A 1975, 1098)
The Labor Commissioner
shall make an itemized account of all money received by him as fees for
licenses under the provisions of NRS 611.020 to 611.320 ,
inclusive, and shall deposit the money with the State Treasurer in
accordance with the provisions of NRS 353.250 .
[14:167:1919; 1919 RL p. 2783; NCL § 2848]—(NRS A 1963, 774; 1965,
68; 1975, 1098; 1985, 722)
Each license shall contain:
1. The name of the licensee.
2. A designation of the city, street and number of the premises at
which the licensee is authorized to carry on the employment agency.
3. The number and date of issuance of the license.
[Part 4:167:1919; A 1931, 54; 1931 NCL § 2838]—(NRS A 1975, 1099)
No license shall
protect any other than the person to whom it is issued nor any places
other than those designated in the license.
[Part 4:167:1919; A 1931, 54; 1931 NCL § 2838]
The license
must be posted in a conspicuous place in the employment agency.
[Part 2:167:1919; 1919 RL p. 2781; NCL § 2836]—(NRS A 1975, 1099;
1985, 1781)
1. The Labor Commissioner may accept assignments of claims arising
under NRS 611.020 to 611.320 , inclusive, against employment agencies.
2. The Labor Commissioner may maintain a commercial account with
any bank or credit union within this State for the deposit of any money
recovered for the use of such assigning claimants. The money must be
promptly paid to the claimants 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 7 years or more must be paid into the
State Treasury for credit to the State General Fund.
(Added to NRS by 1975, 1096; A 1999, 1522 )
1. All claims or suits brought in any court against any licensee
may be brought in the name of the person or persons damaged upon the bond
deposited with the Labor Commissioner by the licensee, and may be
assigned as other claims for damages in civil suits. An action on the
bond may be brought in the name of the State of Nevada by the Labor
Commissioner for the use and benefit of such person or persons.
2. An action on the bond must be commenced within 90 days after
the cause of action arises. The amount of damages claimed by the
plaintiff, and not the penalty named in the bond, shall determine the
jurisdiction of the court in which the action is brought.
[Part 6:167:1919; 1919 RL p. 2782; NCL § 2840]—(NRS A 1975, 1099)
When a
licensee has departed from the State with intent to defraud his creditors
or with intent to avoid a summons in an action brought under NRS 611.140
, service shall be made upon the surety
as prescribed in the Justice Court Rules of Civil Procedure or the Nevada
Rules of Civil Procedure. A copy of the summons shall be mailed to the
last known post office address of the residence of the licensee and also
to the place where he conducted the employment agency as shown by the
records of the Labor Commissioner. Service shall be deemed to be made
when not less than such number of days shall have intervened between the
dates of service and the return of the same as provided by the rules of
the particular court in which suit is brought.
[Part 6:167:1919; 1919 RL p. 2782; NCL § 2840]
1. Every licensee shall keep, for 2 years, a record of every
applicant for employment who secures employment through the services
provided by the licensee. The record must include a copy of the:
(a) Invoice given to the applicant for employment pursuant to NRS
611.180 ;
(b) Application for employment submitted to the employment agency
by the applicant;
(c) Receipt given to the applicant for the payment of any fees
pursuant to NRS 611.200 ; and
(d) Contract between the applicant and the employment agency.
2. A licensee shall not make any false entry in these records.
[7:167:1919; 1919 RL p. 2782; NCL § 2841]—(NRS A 1985, 1781)
1. The premises of a licensed employment agency and all the
records kept by the licensee pursuant to NRS 611.020 to 611.320 ,
inclusive, must be made available at all reasonable hours for inspection
by the Labor Commissioner.
2. Every licensee shall furnish to the Labor Commissioner on
request a true copy of those records.
[8:167:1919; 1919 RL p. 2782; NCL § 2842]—(NRS A 1975, 1099; 1985,
1782)
At the
time an employment agency contracts with an applicant for employment it
shall supply the applicant with a copy of the signed contract.
(Added to NRS by 1985, 1780)
Every
licensee shall give to every applicant for employment from whom a fee is
required for securing employment an invoice on which is stated:
1. The name and address of the employment agency;
2. The name and address of the employer;
3. The name of the applicant;
4. The date;
5. The amount of the fee required for the services of the
employment agency;
6. The title of the position secured by the applicant;
7. The name of the person authorized to hire employees for the
employer; and
8. The amount of the gross cash wage.
[Part 9:167:1919; 1919 RL p. 2782; NCL § 2843]—(NRS A 1985, 1782)
All receipts for the payment of any fees by an applicant for
employment must be prepared and numbered in original and duplicate. The
original must be given to the applicant paying the fee and the duplicate
must be kept on file at the employment agency. Each receipt must have
printed on its face in prominent type the following statement:
This agency is licensed by the Labor Commissioner of Nevada.
[Part 9:167:1919; 1919 RL p. 2782; NCL § 2843]—(NRS A 1985, 1783)
The Labor
Commissioner shall approve the form of the receipts given, records kept
and applications provided by a licensee and the form of the contract used
by a licensee for its services to applicants for employment. Each
licensee shall provide the necessary blanks and other supplies at his own
expense.
[13:167:1919; 1919 RL p. 2783; NCL § 2847]—(NRS A 1969, 884; 1985,
1783)
No employment agency licensed pursuant
to the terms of NRS 611.020 to 611.320
, inclusive, may charge, accept or
collect from any applicant for employment as a fee for securing the
employment any sum of money in excess of 65 percent of the first month’s
gross cash wage received for the employment, except babysitting. The fee
for a placement for babysitting must not exceed 15 percent of the gross
cash wage received.
[Part 9 1/2:167:1919; added 1947, 830; 1943 NCL § 2843.01]—(NRS A
1969, 96; 1975, 1099; 1979, 1032; 1985, 1783)
In addition to the regular fee for securing employment, an
employment agency may charge an applicant for employment:
1. Interest at the rate of 1.5 percent per month on any account
which is more than 30 days past due.
2. Not more than $15 for each check drawn by him which is returned
because he had insufficient money or credit with the drawee.
(Added to NRS by 1985, 1780)
Every
employment agency shall keep posted in a conspicuous place in its office
or place of business a card or cards, furnished by the Labor
Commissioner, upon which must be printed in large black-faced type the
following: “No fee may be charged an applicant for employment which
exceeds 65 percent of the first month’s gross cash wage.”
[Part 9 1/2:167:1919; added 1947, 830; 1943 NCL § 2843.01]—(NRS A
1969, 96; 1975, 1099; 1985, 1783)
An employment agency
shall not accept a fee from any applicant for employment with an employer
or refer any applicant for employment to an employer without having
obtained orally or in writing an authorization for that referral from the
employer or his agent.
[Part 10:167:1919; 1919 RL p. 2783; NCL § 2844]—(NRS A 1985, 1783)
1. If the applicant paying a fee fails to obtain employment,
without fault refuses to accept employment, or is employed and the
employment lasts less than 7 days, the employment agency shall repay the
amount of the fee to the applicant.
2. A refund must be made to an applicant for employment, if the
fee was paid:
(a) In cash, within 72 hours;
(b) By a check drawn on a bank located in this State, within 14
days; or
(c) By a check drawn on a bank located in another state, within 30
days,
Ê after the applicant requests the refund.
[Part 10:167:1919; 1919 RL p. 2783; NCL § 2844]—(NRS A 1975, 1100;
1985, 1784)
If the applicant is employed and the employment lasts 7 or more
days but less than 30 days, the fee charged the applicant shall not
exceed 40 percent of the gross cash wage paid to the applicant.
[Part 10:167:1919; 1919 RL p. 2783; NCL § 2844]—(NRS A 1975, 1100)
No employment agency may:
1. Impose fees of any kind for the registration of applicants for
employment without the written permission of the Labor Commissioner.
2. Cause or attempt to cause the discharge of any person from his
employment.
3. Require any applicant to subscribe to any publication or
incidental service or contribute to the cost of advertising.
4. Refer any applicant to any employment or occupation prohibited
by law.
5. Except with the written consent of the Labor Commissioner,
conduct an employment agency in a room used for sleeping or as a
residence.
6. Use any name, sign or device for advertising bearing a name
that is similar to or can reasonably be confused with the name of any
governmental agency or another licensed employment agency.
7. Require any applicant to execute any contract or other document
relating to his liability or obligation concerning employment services
except on such forms as are approved by the Labor Commissioner. Any
document executed contrary to this subsection is void.
(Added to NRS by 1975, 1095; A 1985, 1784)
1. An employment agency shall not publish or cause to be published
any false, fraudulent or misleading information, representation, notice
or advertisement.
2. All advertisements of an employment agency, by means of cards,
circulars, signs, or in newspapers and other publications, and all
letterheads, receipts, and blanks shall be printed and contain the
licensed name and address of the employment agency.
3. A licensee shall not give any false, inaccurate or misleading
information or make any false promise or false representation concerning
an engagement or employment to any applicant who shall register or apply
for employment or help.
[11:167:1919; 1919 RL p. 2783; NCL § 2845]—(NRS A 1975, 1100)
No employment agency shall accept any application for employment
made by or in behalf of any child, or shall place or assist in placing
any such child in any employment whatever, in violation of the provisions
of chapter 609 of NRS.
[Part 12:167:1919; 1919 RL p. 2783; NCL § 2846]
An employment agency
shall not knowingly send an applicant to any place where a strike,
lockout or other labor trouble exists without furnishing the applicant
with a written statement of such fact, a copy of which statement, signed
by the applicant, shall be kept on file for 1 year.
[Part 12:167:1919; 1919 RL p. 2783; NCL § 2846]—(NRS A 1975, 1100)
An
employment agency shall not divide fees with an employer, an agent or
other employee of an employer or any other person to whom services for
employment are provided by the agency.
[Part 12:167:1919; 1919 RL p. 2783; NCL § 2846]—(NRS A 1975, 1100;
1985, 1784)
The Labor Commissioner shall enforce NRS 611.020
to 611.320 , inclusive, and when informed of any
violations thereof he shall report the fact to the district attorney of
the county in which such violation occurred. The district attorney shall
prosecute the violator in accordance with law.
[15:167:1919; 1919 RL p. 2784; NCL § 2849]—(NRS A 1975, 1101)
1. Any person who violates any provision of NRS 611.020 to 611.320 ,
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.
[16:167:1919; 1919 RL p. 2784; NCL § 2850]—(NRS A 1967, 627; 1975,
1101; 2003, 797 )
|
