Assembly Bill No. 48–Assemblywoman Giunchigliani
CHAPTER..........
AN ACT relating to labor; clarifying that the duties of the Labor Commissioner include the enforcement of certain provisions related to labor without regard to whether a person is lawfully or unlawfully employed; clarifying that the provisions relating to compensation, wages and hours include persons unlawfully employed by revising the definition of “employee”; clarifying that the provisions relating to occupational safety and health include persons unlawfully employed by revising the definition of “employee”; clarifying that the provisions relating to public works projects include persons unlawfully employed by revising the definition of “workman”; 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 607.160 is hereby amended to read as follows:
607.160 1. The Labor Commissioner:
(a) Shall enforce all labor laws of the State of Nevada[the] :
(1) Without regard to whether an employee or workman is
lawfully or unlawfully employed; and
(2) The enforcement of which is not specifically and
exclusively vested in any other officer, board or commission . [;
and]
(b) May adopt regulations to carry out the provisions of
paragraph (a).
2. Whenever after due inquiry the Labor Commissioner
believes that a person financially unable to employ counsel has a
valid and enforceable claim for wages, commissions or other
demands, he may present the facts to the 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 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 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
that demand.
(i) The names of the witnesses upon whom the claimant expects
to rely to provide facts and to what facts each of the witnesses is
expected to testify.
3. The Attorney General shall prosecute the claim if he
determines that the claim is valid and enforceable.
Sec. 2. NRS 608.010 is hereby amended to read as follows:
608.010 “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.
Sec. 3. NRS 618.085 is hereby amended to read as follows:
618.085 “Employee” means every person who is required,
permitted or directed by any employer to engage in any
employment, or to go to work or be at any time in any place of
employment[.] , under any appointment or contract of hire or
apprenticeship, express or implied, oral or written, whether
lawfully or unlawfully employed.
Sec. 4. NRS 338.010 is hereby amended to read as follows:
338.010 As used in this chapter:
1. “Day labor” means all cases where public bodies, their
officers, agents or employees, hire, supervise and pay the wages
thereof directly to a workman or workmen employed by them on
public works by the day and not under a contract in writing.
2. “Design-build contract” means a contract between a public
body and a design-build team in which the design-build team agrees
to design and construct a public work.
3. “Design-build team” means an entity that consists of:
(a) At least one person who is licensed as a general engineering
contractor or a general building contractor pursuant to chapter 624
of NRS; and
(b) For a public work that consists of:
(1) A building and its site, at least one person who holds a
certificate of registration to practice architecture pursuant to chapter
623 of NRS.
(2) Anything other than a building and its site, at least one
person who holds a certificate of registration to practice architecture
pursuant to chapter 623 of NRS or is licensed as a professional
engineer pursuant to chapter 625 of NRS.
4. “Design professional” means:
(a) A person who is licensed as a professional engineer pursuant
to chapter 625 of NRS;
(b) A person who is licensed as a professional land surveyor
pursuant to chapter 625 of NRS;
(c) A person who holds a certificate of registration to engage in
the practice of architecture pursuant to chapter 623 of NRS;
(d) A person who holds a certificate of registration to engage in
the practice of landscape architecture pursuant to chapter 623A of
NRS; or
(e) A business entity that engages in the practice of professional
engineering, land surveying, architecture or landscape architecture.
5. “Eligible bidder” means a person who is:
(a) Found to be a responsible and responsive contractor by a
local government which requests bids for a public work in
accordance with paragraph (b) of subsection 1 of NRS 338.1373; or
(b) Determined by a public body which awarded a contract for a
public work pursuant to NRS 338.1375 to 338.139, inclusive, to be
qualified to bid on that contract pursuant to NRS 338.1379 or was
exempt from meeting such qualifications pursuant to
NRS 338.1383.
6. “General contractor” means a person who is licensed to
conduct business in one, or both, of the following branches of the
contracting business:
(a) General engineering contracting, as described in subsection 2
of NRS 624.215.
(b) General building contracting, as described in subsection 3 of
NRS 624.215.
7. “Local government” means every political subdivision or
other entity which has the right to levy or receive money from ad
valorem or other taxes or any mandatory assessments, and includes,
without limitation, counties, cities, towns, boards, school districts
and other districts organized pursuant to chapters 244A, 309, 318,
379, 474, 541, 543 and 555 of NRS, NRS 450.550 to 450.750,
inclusive, and any agency or department of a county or city which
prepares a budget separate from that of the parent political
subdivision.
8. “Offense” means failing to:
(a) Pay the prevailing wage required pursuant to this chapter;
(b) Pay the contributions for unemployment compensation
required pursuant to chapter 612 of NRS;
(c) Provide and secure compensation for employees required
pursuant to chapters 616A to 617, inclusive, of NRS; or
(d) Comply with subsection 4 or 5 of NRS 338.070.
9. “Prime contractor” means a person who:
(a) Contracts to construct an entire project;
(b) Coordinates all work performed on the entire project;
(c) Uses his own workforce to perform all or a part of the
construction, repair or reconstruction of the project; and
(d) Contracts for the services of any subcontractor or
independent contractor or is responsible for payment to any
contracted subcontractors or independent contractors.
The term includes, without limitation, a general contractor or a
specialty contractor who is authorized to bid on a project pursuant to
NRS 338.139 or 338.148.
10. “Public body” means the State, county, city, town, school
district or any public agency of this state or its political subdivisions
sponsoring or financing a public work.
11. “Public work” means any project for the new construction,
repair or reconstruction of:
(a) A project financed in whole or in part from public money
for:
(1) Public buildings;
(2) Jails and prisons;
(3) Public roads;
(4) Public highways;
(5) Public streets and alleys;
(6) Public utilities which are financed in whole or in part by
public money;
(7) Publicly owned water mains and sewers;
(8) Public parks and playgrounds;
(9) Public convention facilities which are financed at least in
part with public funds; and
(10) All other publicly owned works and property whose cost
as a whole exceeds $20,000. Each separate unit that is a part of a
project is included in the cost of the project to determine whether a
project meets that threshold.
(b) A building for the University and Community College
System of Nevada of which 25 percent or more of the costs of the
building as a whole are paid from money appropriated by this state
or from federal money.
12. “Specialty contractor” means a person who is licensed to
conduct business as described in subsection 4 of NRS 624.215.
13. “Stand-alone underground utility project” means an
underground utility project that is not integrated into a larger
project, including, without limitation:
(a) An underground sewer line or an underground pipeline for
the conveyance of water, including facilities appurtenant thereto;
and
(b) A project for the construction or installation of a storm drain,
including facilities appurtenant thereto,
that is not located at the site of a public work for the design and
construction of which a public body is authorized to contract with a
design-build team pursuant to subsection 2 of NRS 338.1711.
14. “Wages” means:
(a) The basic hourly rate of pay; and
(b) The amount of pension, health and welfare, vacation and
holiday pay, the cost of apprenticeship training or other similar
programs , or other bona fide fringe benefits which are a benefit to
the workman.
15. “Workman” means a skilled mechanic, skilled workman,
semiskilled mechanic, semiskilled workman or unskilled workman
[.] in the service of a contractor or subcontractor under any
appointment or contract of hire or apprenticeship, express or
implied, oral or written, whether lawfully or unlawfully employed.
The term does not include a design professional.
Sec. 5. This act becomes effective upon passage and approval.
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