NAC: CHAPTER 611 - EMPLOYMENT AGENCIES AND OFFICES

[Rev. 11/22/2013 9:50:53 AM--2013]

[NAC-611 Revised Date: 12-04]

CHAPTER 611 - EMPLOYMENT AGENCIES AND OFFICES

GENERAL PROVISIONS

611.010 Definitions.

611.020 “Licensee” defined.

611.030 “Private Employment Agency” defined.

PRIVATE EMPLOYMENT AGENCIES

611.050 Application for license.

611.060 Surety bonds and savings certificates.

611.070 Change of premises by licensee.

611.080 Maintenance of records.

611.090 Fee for securing employment.

GENERAL PROVISIONS

NAC 611.010 Definitions. (NRS 611.023) As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 611.020 and 611.030 have the meanings ascribed to them in those sections.

(Added to NAC by Labor Comm’r by R089-04, eff. 8-4-2004)

NAC 611.020 “Licensee” defined. (NRS 611.023) “Licensee” means a person licensed to conduct a private employment agency pursuant to chapter 611 of NRS.

(Added to NAC by Labor Comm’r by R089-04, eff. 8-4-2004)

NAC 611.030 “Private Employment Agency” defined. (NRS 611.023) “Private employment agency” has the meaning ascribed to “employment agency” in NRS 611.020. The term does not include a person who facilitates business engagements between self-employed persons and their clients.

(Added to NAC by Labor Comm’r by R089-04, eff. 8-4-2004)

PRIVATE EMPLOYMENT AGENCIES

NAC 611.050 Application for license. (NRS 611.023, 611.040, 611.045, 611.060, 611.070)

1. A person who submits an application for a license to conduct a private employment agency must have the authority to legally bind the private employment agency.

2. An applicant for a license to conduct a private employment agency must submit to the Labor Commissioner:

(a) An application on a form prescribed by the Labor Commissioner.

(b) On a form prescribed by the Labor Commissioner, information regarding the background of:

(1) If the applicant is a natural person, the applicant; or

(2) If the applicant is not a natural person, a principal who has the authority to legally bind the applicant.

(c) Two sets of fingerprint cards for the applicant, if the applicant is a natural person, or two sets of fingerprint cards for a principal who has the authority to legally bind the applicant, if the applicant is not a natural person. The sets of fingerprint cards must be completed by a recognized law enforcement agency and must be accompanied by:

(1) An executed Law Enforcement Record Form No. 3321-SA or equivalent authorization for the release of information contained in records of law enforcement;

(2) Written authorization for the Labor Commissioner to submit the fingerprint cards to the Central Repository for Nevada Records of Criminal History for further submission to the Federal Bureau of Investigation and to receive reports regarding the criminal histories of the subjects of the fingerprint cards; and

(3) An amount sufficient to pay the fees charged by any local agencies of law enforcement, the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for the handling of the fingerprint cards and issuance of the reports of criminal histories.

(d) Affidavits from two reputable persons who reside in this State attesting to the good moral character of the applicant, if the applicant is a natural person, or a principal who has the authority to legally bind the applicant, if the applicant is not a natural person.

(e) If the private employment agency is:

(1) Required to register with the Office of the Secretary of State, a copy of the corporate information regarding the private employment agency filed with the Office of the Secretary of State.

(2) Not required to register with the Office of the Secretary of State, proof that the applicant is a legal resident of this State.

(f ) A fee of $100 for each premises to be licensed.

(g) A bond or deposit that meets the requirements of NRS 611.070 and NAC 611.060 in the amount of $1,000 for each premises to be licensed.

(h) If the private employment agency is to be conducted in a residence, certification from the appropriate local government agency that operating a private employment agency at that location is permissible under local ordinances.

(Added to NAC by Labor Comm’r by R089-04, eff. 8-4-2004)

NAC 611.060 Surety bonds and savings certificates. (NRS 611.023, 611.070)

1. A licensee that elects to deposit a surety bond with the Labor Commissioner pursuant to NRS 611.070 must notify the Labor Commissioner of any changes in coverage provided by the bond not later than 1 business day after the licensee becomes aware of the change. Failure to inform the Labor Commissioner of such a change is a ground for revocation of a license.

2. A licensee that elects to deposit a savings certificate with the Labor Commissioner pursuant to paragraph (b) of subsection 3 of NRS 611.070 must provide a statement signed by an officer of the bank, credit union or savings and loan association that issued the savings certificate, certifying that the terms and conditions of the savings certificate comply fully with the requirements of NRS 611.070.

(Added to NAC by Labor Comm’r by R089-04, eff. 8-4-2004)

NAC 611.070 Change of premises by licensee. (NRS 611.023) A licensee may not change the premises at which the licensee conducts a private employment agency without obtaining the prior approval of the Labor Commissioner. The licensee’s failure to obtain such prior approval will invalidate the license of the licensee.

(Added to NAC by Labor Comm’r by R089-04, eff. 8-4-2004)

NAC 611.080 Maintenance of records. (NRS 611.023, 611.160, 611.200, 611.290) All records that a licensee is required to maintain pursuant to NRS 611.020 to 611.320, inclusive, must be kept at the premises identified on the license unless, upon written request from the licensee, the Labor Commissioner grants the licensee permission to keep the records at an alternative location.

(Added to NAC by Labor Comm’r by R089-04, eff. 8-4-2004)

NAC 611.090 Fee for securing employment. (NRS 611.023, 611.220, 611.250, 611.260)

1. A private employment agency may charge a fee to either an applicant for employment or the employer of the applicant, but not to both, for securing the employment of the applicant with the employer.

2. A fee charged by a private employment agency to an applicant for securing employment for the applicant must:

(a) Except as otherwise provided in this paragraph, be refunded to the applicant by the private employment agency in the manner specified in NRS 611.250 if the applicant fails to obtain employment or without fault refuses to accept employment, or if the period of employment of the applicant with the employer is less than 7 days. If the private employment agency places an applicant for a babysitting position and the length of employment is less than 7 days, the private employment agency may not charge the applicant a fee that exceeds 15 percent of the gross cash wage paid to the applicant for that period of employment.

(b) Not exceed 40 percent of the gross cash wage paid to the applicant for the period of employment of the applicant with the employer if the period of such employment is 7 or more days but less than 30 days.

(c) Not exceed 65 percent of the gross cash wage received by the applicant for the first month of employment with the employer if the period of employment of the applicant with the employer is 30 days or more.

3. There is no limitation on the fee that a private employment agency may charge an employer for securing the employment of an applicant with the employer.

4. For the purposes of subsection 2, the period of employment commences on the first day on which the applicant begins employment with the employer.

5. Upon the written authorization of an applicant for whom a private employment agency has secured employment, deductions may be taken from the paychecks of the applicant by the employer and paid to the private employment agency for the amount of the fee charged by the private employment agency for securing the employment. The total amount of such payroll deductions is subject to the limitation on the amount of a fee charged by a private employment agency for securing employment set forth in subsection 2.

6. As used in this section:

(a) “Babysitting” has the meaning ascribed to it in NRS 611.020.

(b) “Day” means a calendar day.

(Added to NAC by Labor Comm’r by R089-04, eff. 8-4-2004)