Senate Bill No. 136–Committee on Commerce and Labor

 

February 15, 2001

____________

 

Referred to Committee on Finance

 

SUMMARY—Eliminates exclusion of certain employees from provisions requiring additional compensation for overtime. (BDR 53‑306)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to labor; eliminating the exclusion of certain employees from the provisions requiring additional compensation for overtime; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. NRS 608.018 is hereby amended to read as follows:

1-2    608.018  1.  Except as otherwise provided in subsection 2, an

1-3  employer shall pay one and one-half times an employee’s regular wage rate

1-4  whenever an employee works:

1-5    (a) More than 40 hours in any scheduled week of work; or

1-6    (b) More than 8 hours in any workday , unless by mutual agreement the

1-7  employee works a scheduled 10 hours per day for 4 calendar days within

1-8  any scheduled week of work.

1-9    2.  The provisions of subsection 1 do not apply to:

1-10    (a) [Employees who are not covered by the minimum wage provisions

1-11  of NRS 608.250;

1-12    (b)] Employees who receive compensation for employment at a rate not

1-13  less than one and one-half times the minimum rate prescribed pursuant to

1-14  NRS 608.250;

1-15    [(c)](b) Outside buyers;

1-16    [(d)](c) Salesmen earning commissions in a retail business if their

1-17  regular rate is more than one and one-half times the minimum wage, and

1-18  more than one-half their compensation comes from commissions;

1-19    [(e)](d) Employees who are employed in bona fide executive,

1-20  administrative or professional capacities;

1-21    [(f)](e) Employees covered by collective bargaining agreements which

1-22  provide otherwise for overtime;

2-1    [(g)](f) Drivers, drivers’ helpers, loaders and mechanics for motor

2-2  carriers subject to the Motor Carrier Act of 1935, as amended;

2-3    [(h)](g) Employees of a railroad;

2-4    [(i)](h) Employees of a carrier by air;

2-5    [(j)](i) Drivers or drivers’ helpers making local deliveries and paid on

2-6  a trip-rate basis or other delivery payment plan;

2-7    [(k)](j) Drivers of taxicabs or limousines;

2-8    [(l)](k) Agricultural employees;

2-9    [(m)](l) Employees of business enterprises having a gross sales

2-10  volume of less than $250,000 per year; and

2-11    [(n)](m) Any salesman or mechanic primarily engaged in selling or

2-12  servicing automobiles, trucks or farm equipment.

 

2-13  H