Assembly Bill No. 458–Committee on
Government Affairs

 

CHAPTER..........

 

AN ACT relating to public works; requiring the payment of overtime to mechanics and workmen employed on public works under certain circumstances; clarifying the authority of the Labor Commissioner to enforce that requirement; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1. NRS 338.020 is hereby amended to read as follows:

    338.020  1.  Every contract to which a public body of this state

is a party, requiring the employment of skilled mechanics, skilled

workmen, semiskilled mechanics, semiskilled workmen or unskilled

labor in the performance of public work, must contain in express

terms the hourly and daily rate of wages to be paid each of the

classes of mechanics and workmen. The hourly and daily rate of

wages must:

    (a) Not be less than the rate of such wages then prevailing in the

county in which the public work is located, which prevailing rate of

wages must have been determined in the manner provided in NRS

338.030; and

    (b) Be posted on the site of the public work in a place generally

visible to the workmen.

    2.  When public work is performed by day labor, the prevailing

wage for each class of mechanics and workmen so employed applies

and must be stated clearly to such mechanics and workmen when

employed.

    3.  Except as otherwise provided in subsection 4, a contractor

or subcontractor shall pay to a mechanic or workman employed by

the contractor or subcontractor on the public work not less than

one and one-half times the prevailing rate of wages applicable to

the class of the mechanic or workman whenever the mechanic or

workman 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 mechanic or workman works a scheduled 10 hours

per day for 4 calendar days within any scheduled week of work.

    4.  The provisions of subsection 3 do not apply to a mechanic

or workman who is covered by a collective bargaining agreement

that provides for the payment of wages at not less than one and

one-half times the rate of wages set forth in the collective

bargaining agreement for work in excess of:

    (a) Forty hours in any scheduled week of work; or

    (b) Eight hours in any workday unless the collective

bargaining agreement provides that the mechanic or workman

shall work a scheduled 10 hours per day for 4 calendar days

within any scheduled week of work.

    5.  The prevailing wage [so]and any wagespaid for overtime

pursuant to subsection 3 or 4 to each class of mechanics or

workmen must be in accordance with the jurisdictional classes

recognized in the locality where the work is performed.

    [4.] 6. Nothing in this section prevents an employer who is

signatory to a collective bargaining agreement from assigning such

work in accordance with established practice.

    Sec. 2. NRS 608.018 is hereby amended to read as follows:

    608.018  1.  Except as otherwise provided in [subsection 2,]

this section, an employer shall pay one and one-half times an

employee’s regular wage rate whenever an employee 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.  The provisions of subsection 1 do not apply to:

    (a) Employees who are not covered by the minimum wage

provisions of NRS 608.250;

    (b) Employees who receive compensation for employment at a

rate not less than one and one-half times the minimum rate

prescribed pursuant to NRS 608.250;

    (c) Outside buyers;

    (d) Salesmen earning commissions in a retail business if their

regular rate is more than one and one-half times the minimum wage,

and more than one-half their compensation comes from

commissions;

    (e) Employees who are employed in bona fide executive,

administrative or professional capacities;

    (f) Employees covered by collective bargaining agreements

which provide otherwise for overtime;

    (g) Drivers, drivers’ helpers, loaders and mechanics for motor

carriers subject to the Motor Carrier Act of 1935, as amended;

    (h) Employees of a railroad;

    (i) Employees of a carrier by air;

    (j) Drivers or drivers’ helpers making local deliveries and paid

on a trip-rate basis or other delivery payment plan;

    (k) Drivers of taxicabs or limousines;

    (l) Agricultural employees;

    (m) Employees of business enterprises having a gross sales

volume of less than $250,000 per year; and

    (n) Any salesman or mechanic primarily engaged in selling or

servicing automobiles, trucks or farm equipment.

    3.  The provisions of this section do not apply to a mechanic

or workman for any hours to which the provisions of subsection 3

or 4 of NRS 338.020 apply.

    Sec. 3.  This act becomes effective on July 1, 2003.

 

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