Assembly Bill No. 113

Assembly Bill No. 113-Committee on Labor and Management

CHAPTER

103

AN ACT relating to labor; transferring the duty to enforce claims for wages, commissions or other demands of a person financially unable to employ counsel from district attorneys to the attorney general; making the reporting of such claims by the labor commissioner discretionary rather than mandatory; and providing other matters properly relating thereto.

[Approved June 1, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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Section 1. NRS 607.050 is hereby amended to read as follows:
607.050 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 [the] :
(a) The district attorneys of the several counties in this state ; and
(b) The attorney general pursuant to NRS 607.160,
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.
Sec. 2. NRS 607.065 is hereby amended to read as follows:
607.065 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 [the] :
(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 [such laws.] those laws; and
(b) The attorney general pursuant to NRS 607.160 for prosecution of claims for wages, commissions or other demands.
Sec. 3. NRS 607.160 is hereby amended to read as follows:
607.160 1. The labor commissioner shall enforce all labor laws of the State of Nevada the enforcement of which is not specifically and exclusively vested in any other officer, board or commission.
2. Whenever after due inquiry the labor commissioner [shall be satisfied that any such law has been violated or] believes that a person financially unable to employ counsel has a valid and enforceable claim for wages, commissions or other [demand, he shall] demands, he may present the facts to the [district attorney of the county in which such violation occurred or wage claim accrued,] attorney general showing:
(a) The names of the claimant and his alleged debtor.
(b) A description and the location of the property on which the labor was performed, if the claim is for wages, or which is the office or place of business of the debtor if the claim is for a commission, and the right, title and interest of the debtor therein.
(c) Other property, if any, owned by the debtor and the probable value thereof.
(d) The time the claimant began and the time he ceased [such] the labor.
(e) The number of days' labor performed by him during the employment and the rate of wages or commission arrangement and terms of [such] the employment.
(f) The date or dates and the amount, if any, paid on the claim.
(g) The balance due, owing and unpaid on the claim.
(h) The date on which a demand for payment was made upon the debtor or his agent or representative , and the response, if any, to [such] that demand.
(i) The names of the witnesses upon whom the claimant expects to rely to provide [such] facts and to what facts each of [such] the witnesses is expected to testify.
3. The [district] attorney general shall prosecute the claim [. Should the district attorney fail, neglect or refuse to begin a prosecution on such claim within 45 days after oral or written demand therefor is made by the labor commissioner, and to prosecute the same diligently to conclusion, he shall be guilty of a misdemeanor, and in addition thereto he shall be removed from office.] if he determines that the claim is valid and enforceable.
Sec. 4. NRS 607.220 is hereby amended to read as follows:
607.220 Upon the complaint of the labor commissioner, the district attorneys of the several counties shall prosecute all criminal violations of law which may be reported to them by the labor commissioner.
Sec. 5. NRS 608.180 is hereby amended to read as follows:
608.180 The labor commissioner or his representative shall cause the provisions of NRS 608.005 to 608.170, inclusive, to be enforced, and upon notice from [him] the labor commissioner or his representative:
1. The district attorney of any county in which a violation of those sections has occurred [or the] ;
2. The deputy labor commissioner, as provided in NRS 607.050;
3. The attorney general, as provided in NRS 607.160; or
4. The special counsel, as provided [by] in NRS 607.065,
shall prosecute the action for enforcement according to law.
Sec. 6. NRS 607.200 is hereby repealed.
Sec. 7. This act becomes effective on July 1, 1997.
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