[Rev. 11/22/2013 9:51:21 AM--2013]

[NAC-613 Revised Date: 3-99]

CHAPTER 613 - EMPLOYMENT PRACTICES

613.010            Definitions.

613.020            “Participant” defined.

613.030            “Welfare-to-work program” defined.

613.040            Restrictions on employment of participant.

613.050            Request for hearing; conduct of hearing.

613.060            Informal hearing.

613.070            Disciplinary action.

 

 

 

      NAC 613.010  Definitions. (NRS 613.225)  As used in NAC 613.010 to 613.070, inclusive, unless the context otherwise requires, the words and terms defined in NAC 613.020 and 613.030 have the meanings ascribed to them in those sections.

     (Added to NAC by Labor Comm’r by R152-98, eff. 3-18-99)

      NAC 613.020  “Participant” defined. (NRS 613.225)  “Participant” means a person who is employed pursuant to welfare-to-work program.

     (Added to NAC by Labor Comm’r by R152-98, eff. 3-18-99)

      NAC 613.030  “Welfare-to-work program” defined. (NRS 613.225)  “Welfare-to-work program” means a program described in 20 C.F.R. § 645.220(b)(3) or (4).

     (Added to NAC by Labor Comm’r by R152-98, eff. 3-18-99)

      NAC 613.040  Restrictions on employment of participant. (NRS 613.225)  An employer shall not employ a participant in a position:

     1.  That is the same or substantially equivalent to a position within the same organizational unit which was vacated by an employee who was laid off with the right to be recalled to work;

     2.  That is the same or substantially equivalent to a position within the same organizational unit for which the employer has caused an involuntary reduction in the hours of work of an employee to less than full time;

     3.  For which a vacancy was created by the employer terminating the employment of an employee for the purpose of hiring a participant; or

     4.  For which an involuntary reduction in the work force of the employer was caused for the purpose of hiring a participant.

     (Added to NAC by Labor Comm’r by R152-98, eff. 3-18-99)

      NAC 613.050  Request for hearing; conduct of hearing. (NRS 613.225)

     1.  An employee or participant may request a hearing before the labor commissioner to determine whether an employer has violated the provisions of NAC 613.040. The request must be submitted to the labor commissioner on a form provided by him not later than 60 days after the alleged violation occurred.

     2.  The hearing must be conducted in the manner prescribed in NRS 607.205 to 607.215, inclusive.

     (Added to NAC by Labor Comm’r by R152-98, eff. 3-18-99)

      NAC 613.060  Informal hearing. (NRS 613.225)

     1.  The labor commissioner may require the employee or participant who requested a hearing pursuant to NAC 613.050 and the employer who allegedly violated the provisions of NAC 613.040 to appear before him for an informal resolution of the controversy at a location within the county where the employee or participant resides.

     2.  The employee or participant and the employer may be represented by counsel at the informal hearing.

     3.  An informal hearing conducted pursuant to this section must not be recorded. Any matter discussed or material presented at the informal hearing may not be admitted into evidence at a subsequent formal hearing. The labor commissioner will inform all parties at the beginning of the informal hearing that such material or discussion may not be used at a subsequent formal hearing.

     4.  The holding of an informal hearing does not prevent the labor commissioner from requiring a formal hearing.

     5.  If the labor commissioner determines that the matter cannot be resolved at the informal hearing, he will conduct a formal hearing to resolve the matter.

     (Added to NAC by Labor Comm’r by R152-98, eff. 3-18-99)

      NAC 613.070  Disciplinary action. (NRS 613.225)  If the labor commissioner determines, after notice and a hearing is held pursuant to NAC 613.050, that the employer has violated the provisions of NAC 613.040, the labor commissioner may:

     1.  Order the employer to reinstate the employee immediately to his former position, without the loss of seniority or benefits, and pay to the employee the wages lost by the employee as a result of the violation;

     2.  Suspend the payments that the employer is entitled to receive for his participation in the welfare-to-work program; or

     3.  Prohibit the employer from participating in the welfare-to-work program.

     (Added to NAC by Labor Comm’r by R152-98, eff. 3-18-99)