USA Statutes : nevada
Title : Title 53 - LABOR AND INDUSTRIAL RELATIONS
Chapter : CHAPTER 607 - LABOR COMMISSIONER
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)
The Office of Labor Commissioner
is hereby created.
[Part 1:203:1915; A 1917, 338; 1919, 67; 1941, 87; 1953, 304]
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)
1. The Labor Commissioner is in the unclassified service of the
State.
2. Except as otherwise provided in NRS 284.143 , he shall devote his entire time and attention
to the business of his 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)
1. The Labor Commissioner must be provided with properly furnished
offices at the capital in Carson City, Nevada.
2. The offices of the Labor Commissioner must be open for business
during the hours and on the days established pursuant to NRS 281.110
.
[Part 7:203:1915; 1919 RL p. 3085; NCL § 2755] + [15:203:1915; 1919
RL p. 3086; NCL § 2762]—(NRS A 2003, 1452 )
PERSONNEL
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 duties he is responsible to
the Labor Commissioner.
4. Except as otherwise provided in NRS 284.143 , the Deputy shall devote his entire time and
attention to the business of his 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)
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)
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 him 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
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]
Repealed. (See chapter 318, Statutes of
Nevada 2005, at page 1094 .)
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 he 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 )
The Labor Commissioner shall
inform himself 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]
The
Labor Commissioner shall cooperate with such bureaus or departments of
labor of the Federal Government and other states as may be established.
[5:203:1915; 1919 RL p. 3085; NCL § 2753]
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)
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]
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 )
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 )
1. The Labor Commissioner:
(a) Shall enforce all labor laws of the State of Nevada:
(1) Without regard to whether an employee or workman 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 )
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 )
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 his 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 NRS
120A.220 .
[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 )
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)
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)
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 )
1. In all actions in the courts in this state wherein the Labor
Commissioner is a party in his 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)
In aid of his enforcement responsibilities under the
labor laws of the State of Nevada, the Labor Commissioner or a person
designated by him 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 )
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 him 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 him shall, in any such hearing,
make full use of the authority conferred upon him by NRS 607.210 .
(Added to NRS by 1975, 530; A 1977, 81; 2001, 563 )
1. The Labor Commissioner or a person designated by him 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 him may compel
the attendance of witnesses, and may issue subpoenas. No witness fees may
be paid to any witness unless he is required to testify at a place more
than 5 miles from his 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 )
1. Within 30 days after the conclusion of the hearing provided for
in NRS 607.207 , the Labor Commissioner
or a person designated by him 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
Upon the complaint of the Labor Commissioner, the
Attorney General shall prosecute all criminal violations of law that are
reported to him by the Labor Commissioner.
[13:203:1915; 1919 RL p. 3086; NCL § 2761]—(NRS A 1997, 195; 2001,
564 )
