USA Statutes : nevada
Title : Title 53 - LABOR AND INDUSTRIAL RELATIONS
Chapter : CHAPTER 608 - COMPENSATION, WAGES AND HOURS
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)
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)
“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 )
“Employer” includes every person
having control or custody of any employment, place of employment or any
employee.
(Added to NRS by 1985, 578)
“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)
“Professional” means
pertaining to 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, and 656A
of NRS.
(Added to NRS by 1985, 578; A 1991, 994; 1999, 3074 ; 2001, 1778 ; 2003, 912 ; 2005, 1140 )
“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)
“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)
“Workday” means a period of 24
consecutive hours which begins when the employee begins work.
(Added to NRS by 1985, 578)
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)
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
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)
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 )
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)
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) Salesmen earning commissions in a retail business if their
regular rate is more than 1 1/2 times the minimum wage, and more than
one-half their compensation comes from commissions;
(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 salesman or mechanic primarily engaged in selling or
servicing automobiles, trucks or farm equipment; and
(n) A mechanic or workman 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 )
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 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 employees one or more of the benefits conferred by this section. The
Labor Commissioner may grant the exemption if he 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 his 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)
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]
Whenever an employee resigns or quits his employment, the
wages and compensation earned and unpaid at the time of his resignation
or quitting must be paid no later than:
1. The day on which he would have regularly been paid the wages or
compensation; or
2. Seven days after he resigns or quits,
Ê whichever is earlier.
[Part 2:71:1919; 1919 RL p. 2776; NCL § 2776]—(NRS A 1985, 382)
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 he resigned, quit or was discharged until paid or for 30
days, whichever is less.
2. Any employee who secretes or absents himself to avoid payment
of his wages or compensation, or refuses to accept them when fully
tendered to him, is not entitled to receive the payment thereof for the
time he secretes or absents himself to avoid payment.
[Part 2:71:1919; 1919 RL p. 2776; NCL § 2776]—(NRS A 1985, 383)
1. Whenever an employer of labor shall discharge or lay off his or
its 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 his
or its employees may charge and collect wages in the sum agreed upon in
the contract of employment for each day his employer is in default, until
he is paid in full, without rendering any service therefor; but he 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 he would
have been entitled to had he 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)
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 salesman, 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)
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 service.
[8:71:1919; 1919 RL p. 2777; NCL § 2782]
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 does not secrete or absent himself 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
)
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 him 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]
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
)
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)
1. Every employer shall establish and maintain records of wages
for the benefit of his 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 he submits his 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)
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 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 )
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 him, 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 him arising from his 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 )
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 employment, and shall establish by decision
of the court or verdict of the jury that the amount for which he 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]
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 )
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)
Any employer who provides benefits for health care
to his 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)
1. If an employer provides health benefits for his employees, he
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) Facility for the treatment of abuse of alcohol or drugs which
is certified by the Health Division of the Department of Health and Human
Services.
(b) Hospital or other medical facility or facility for the
dependent which is licensed by the Health Division of the Department of
Health and Human Services, accredited by the Joint Commission on
Accreditation of Healthcare Organizations 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 )
1. If an employer provides health benefits for his employees which
include coverage for the surgical procedure known as a mastectomy, he
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 reestablish 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)
1. If an employer provides health benefits for his 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, his 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)
If an employer provides
benefits for health care to his 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 child to
enroll the child for coverage as a member of his 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 )
1. An employer shall notify his employees of his 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 employees, he shall notify
the insurer and employees of his 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 employees, he shall, if applicable, notify the employees of:
(a) His inability to pay a premium when due; and
(b) His 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)
1. If an employer is the policyholder of a policy of group life or
health insurance which covers his employees, he shall notify the
employees of his inability to pay a premium when due or of his 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 employees pursuant to subsection 1; and
(b) One or more of his 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 his 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 )
If an
employer is the policyholder of a policy of group life or health
insurance which covers his employees, he shall give each employee upon
the termination of his employment written notice of his 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)
1. It is unlawful for any person to:
(a) Take all or part of any tips or gratuities bestowed upon his
employees.
(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 his employees.
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)
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)
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]
005 to 608.195 ,
inclusive; prosecution. The Labor Commissioner or his representative
shall cause the provisions of NRS 608.005 to 608.195 ,
inclusive, to be enforced, and upon notice from the Labor Commissioner or
his 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 )
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 himself, his 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)
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
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 his agent 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
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 he 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 man-days of agricultural labor in any
calendar quarter of the preceding calendar year.
(e) Taxicab and limousine drivers.
(f) Severely handicapped persons 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 )
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
)
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 by
the Labor Commissioner or by any aggrieved person, prosecute each
violation of the provisions of NRS 608.250 that occurs in his 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 he must be removed from office.
(Added to NRS by 1965, 696; A 1967, 626; 2001, 565 )
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, he is
of the opinion that the complaint is well founded, he 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)
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
As used in NRS 608.300 to 608.330 ,
inclusive, unless the context otherwise requires:
1. “Artist” means an actor, 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
)
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 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 Commissioner or, in
a county whose population is 400,000 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 he:
(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
)
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 400,000 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)
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 )
