(REPRINTED WITH ADOPTED AMENDMENTS)

 

Senate Bill No. 373–Committee on Commerce and Labor

 

(On Behalf of Department of Business and
Industry-Labor Commissioner)

 

March 16, 2001

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Makes various changes to provisions relating to labor commissioner. (BDR 53‑558)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

~

 

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

 

AN ACT relating to labor; expanding the authority of the labor commissioner to adopt regulations; reducing the period within which certain unclaimed money collected by the labor commissioner is presumed abandoned; authorizing a person designated by the labor commissioner to conduct certain hearings and issue certain decisions concerning the labor laws of this state; requiring the attorney general to prosecute certain criminal violations that are reported to him by the labor commissioner; authorizing the labor commissioner to prescribe by regulation the minimum wage paid to employees in private employment in this state; 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 607.150 is hereby amended to read as follows:

1-2    607.150  1.  [The] To carry out the provisions of subsection 1 of

1-3  NRS 607.160, the labor commissioner may enter any store, foundry, mill,

1-4  office, workshop, mine or public or private works at any reasonable time

1-5  [for the purpose of gathering] to gather facts and statistics [contemplated

1-6  by this chapter] and make a record thereof.

1-7    2.  Any owner, corporation, occupant or officer who refuses such entry

1-8  to the labor commissioner, his officers or agents is guilty of a

1-9  misdemeanor.

1-10    Sec. 2.  NRS 607.160 is hereby amended to read as follows:

1-11    607.160  1.  The labor commissioner [shall] :

1-12    (a) Shall enforce all labor laws of the State of Nevada the enforcement

1-13  of which is not specifically and exclusively vested in any other officer,

1-14  board or commission[.] ; and

2-1    (b) May adopt regulations to carry out the provisions of
paragraph (a).

2-2    2.  Whenever after due inquiry the labor commissioner believes that a

2-3  person financially unable to employ counsel has a valid and enforceable

2-4  claim for wages, commissions or other demands, he may present the facts

2-5  to the attorney general showing:

2-6    (a) The names of the claimant and his alleged debtor.

2-7    (b) A description and the location of the property on which the labor

2-8  was performed, if the claim is for wages, or which is the office or place of

2-9  business of the debtor if the claim is for a commission, and the right, title

2-10  and interest of the debtor therein.

2-11    (c) Other property, if any, owned by the debtor and the probable value

2-12  thereof.

2-13    (d) The time the claimant began and the time he ceased the labor.

2-14    (e) The number of days’ labor performed by him during the

2-15  employment and the rate of wages or commission arrangement and terms

2-16  of the employment.

2-17    (f) The date or dates and the amount, if any, paid on the claim.

2-18    (g) The balance due, owing and unpaid on the claim.

2-19    (h) The date on which a demand for payment was made upon the debtor

2-20  or his agent or representative, and the response, if any, to that demand.

2-21    (i) The names of the witnesses upon whom the claimant expects to rely

2-22  to provide facts and to what facts each of the witnesses is expected to

2-23  testify.

2-24    3.  The attorney general shall prosecute the claim if he determines that

2-25  the claim is valid and enforceable.

2-26    Sec. 3.  NRS 607.170 is hereby amended to read as follows:

2-27    607.170  1.  [When the] The labor commissioner [deems it necessary,

2-28  he may take an assignment of] may prosecute a claim for wages and

2-29  commissions [and prosecute an action for collection of] or commence any

2-30  other action to collect wages, commissions and other demands of any

2-31  person who is financially unable to employ counsel in a case in which, in

2-32  the judgment of the labor commissioner, the claim for wages or

2-33  commissions or other action is valid and enforceable in the courts.

2-34    2.  In all matters relating to wages or commissions and before taking

2-35  any assignment, the labor commissioner may [summon] , in accordance

2-36  with the provisions of NRS 607.210, subpoena to appear before him, at a

2-37  suitable place in the county of the claimant, his employer and all other

2-38  [necessary persons for the purpose of adjusting and settling] persons

2-39  required to adjust and settle claims for wages or commissions before

2-40  bringing suit therefor, and the labor commissioner may effect reasonable

2-41  compromises of those claims.

2-42    3.  The labor commissioner or his deputy may maintain a commercial

2-43  account with any bank or credit union within this state for the deposit of

2-44  money collected for claims for wages or commissions. The money must be

2-45  promptly paid to the person entitled thereto. At the end of each calendar

2-46  year, any unclaimed money in the commercial account which has been a

2-47  part of the account for [5 years] 1 year or more is presumed abandoned

2-48  under NRS 120A.220.

3-1    Sec. 4.  NRS 607.205 is hereby amended to read as follows:

3-2    607.205  In aid of his enforcement responsibilities under the labor laws

3-3  of the State of Nevada, including , but not limited to , the provisions of

3-4  NRS 338.030, 412.1393, 412.1395, 607.160, 607.170, 608.270 and chapter

3-5  611 of NRS, the labor commissioner or a person designated [from the

3-6  commissioner’s regular staff] by him may conduct hearings and issue

3-7  decisions thereon in the manner [provided by] set forth in NRS 607.207.

3-8    Sec. 5.  NRS 607.207 is hereby amended to read as follows:

3-9    607.207  1.  When an enforcement question is presented under any

3-10  labor law of the State of Nevada, the determination of which is not

3-11  exclusively vested in another officer, board or commission, the labor

3-12  commissioner or a person designated [from the commissioner’s regular

3-13  staff] by him may conduct a hearing in any place convenient to the parties,

3-14  if practicable, and otherwise in a place chosen by the labor commissioner.

3-15    2.  Notice of [such hearing shall] the hearing must be given by

3-16  registered or certified mail to each party and to any person who has in

3-17  writing requested such notice. The hearing [shall] must be conducted [no]

3-18  not less than 15 days [following] after the mailing of the notices. The

3-19  proceedings [shall] must be recorded and one copy [shall] must be

3-20  provided at cost to any party who requests it. The labor commissioner or a

3-21  person designated [from the commissioner’s regular staff] by him shall, in

3-22  any such hearing, make full use of the authority conferred upon him by

3-23  NRS 607.210.

3-24    Sec. 6.  NRS 607.210 is hereby amended to read as follows:

3-25    607.210  1.  The labor commissioner or a person designated [from the

3-26  commissioner’s regular staff] by him may take testimony in all matters

3-27  relating to the duties and requirements of this chapter in [some] a suitable

3-28  place in the vicinity to which the testimony is applicable.

3-29    2.  The labor commissioner or a person designated [from the

3-30  commissioner’s regular staff] by him may compel the attendance of

3-31  witnesses, and may issue subpoenas. No witness fees may be paid to any

3-32  witness unless he is required to testify at a place more than 5 miles from

3-33  his place of residence, in which event the witness is entitled to be paid the

3-34  same fees as a witness before a district court. Payment must be made from

3-35  the fund appropriated for those purposes in the county in which the

3-36  testimony is taken and the witness examined in the same manner as

3-37  provided for the payment of witness fees in the district court of that county.

3-38    3.  Any person subpoenaed [under] pursuant to the provisions of this

3-39  [section] chapter who willfully refuses or neglects to testify at the time and

3-40  place named in the subpoena is guilty of a misdemeanor.

3-41    Sec. 7.  NRS 607.215 is hereby amended to read as follows:

3-42    607.215  1.  Within 30 days after the conclusion of the hearing

3-43  provided for in NRS 607.207, the labor commissioner or a person

3-44  designated [from the commissioner’s regular staff] by him shall issue a

3-45  written decision, setting forth findings of fact and conclusions of law

3-46  developed at the hearing.

3-47    2.  The decision, together with the findings of fact and conclusions of

3-48  law, [shall] must be mailed to each of the parties to whom the notice of the

3-49  hearing was mailed and to any other persons who may have requested

4-1  notice of the hearing. The decision becomes enforceable 10 days

4-2  [following such] after the mailing.

4-3    3.  Upon a petition for judicial review, the court may order trial de

4-4  novo.

4-5    4.  A decision issued pursuant to this section is binding on all parties

4-6  and has the force of law.

4-7    Sec. 8.  NRS 607.220 is hereby amended to read as follows:

4-8    607.220  Upon the complaint of the labor commissioner, the [district

4-9  attorneys of the several counties] attorney general shall prosecute all

4-10  criminal violations of law [which may be] that are reported to [them] him

4-11  by the labor commissioner.

4-12    Sec. 9.  NRS 608.250 is hereby amended to read as follows:

4-13    608.250  1.  Except as otherwise provided in this section, the labor

4-14  commissioner shall, in accordance with federal law, establish by

4-15  regulation the minimum wage which may be paid to employees in private

4-16  employment within the state . [is $3.35 per hour.] The labor commissioner

4-17  shall prescribe increases in the minimum wage in accordance with those

4-18  prescribed by federal law, unless he determines that [such] those increases

4-19  are contrary to the public interest. [The minimum amount which may be

4-20  paid to a minor is 85 percent of that amount.]

4-21    2.  The provisions of subsection 1 do not apply to:

4-22    (a) Casual babysitters.

4-23    (b) Domestic service employees who reside in the household where they

4-24  work.

4-25    (c) Outside salespersons whose earnings are based on commissions.

4-26    (d) Employees engaged in an agricultural pursuit for an employer who

4-27  did not use more than 500 man-days of agricultural labor in any calendar

4-28  quarter of the preceding calendar year.

4-29    (e) Taxicab and limousine drivers.

4-30    (f) Severely handicapped persons whose disabilities have diminished

4-31  their productive capacity in a specific job and who are specified in

4-32  certificates issued by the rehabilitation division of the department of

4-33  employment, training and rehabilitation.

4-34    3.  It is unlawful for any person to employ, cause to be employed or

4-35  permit to be employed, or to contract with, cause to be contracted with or

4-36  permit to be contracted with, any person for a wage less than that [provided

4-37  in] established by the labor commissioner pursuant to the provisions of

4-38  this section.

4-39    Sec. 10.  NRS 608.260 is hereby amended to read as follows:

4-40    608.260  If any employer pays any employee a lesser amount than the

4-41  minimum wage prescribed by regulation of the labor commissioner

4-42  pursuant to the provisions of NRS 608.250, [such] the employee may, at

4-43  any time within 2 years, bring a civil action [for the recovery of] to recover

4-44  the difference between the amount paid to the employee and the amount of

4-45  the minimum wage . [prescribed pursuant to NRS 608.250. No]  A contract

4-46  between the employer and the employee or any acceptance of a lesser wage

4-47  by the employee is not a bar to the action.

 

 

5-1    Sec. 11.  NRS 608.270 is hereby amended to read as follows:

5-2    608.270  1.  The labor commissioner shall:

5-3    (a) Administer and enforce the provisions of NRS 608.250; and

5-4    (b) Furnish the district attorney of any county or the attorney general

5-5  all data and information concerning violations of the provisions of NRS

5-6  608.250, occurring in [such] the county coming to the attention of the labor

5-7  commissioner.

5-8    2.  [Every] Each district attorney shall, [when] if a complaint is made

5-9  to him by the labor commissioner or by any aggrieved person, prosecute

5-10  [every] each violation of the provisions of NRS 608.250[, occurring] that

5-11  occurs in his county. [Should] If any such district attorney [fail, neglect or

5-12  refuse for a period of] fails, neglects or refuses for 20 days to commence

5-13  [the] a prosecution for [the] a violation of the provisions of NRS 608.250,

5-14  after being furnished data and information concerning [such] the violation,

5-15  and diligently to prosecute the same to conclusion, [he] the district

5-16  attorney is guilty of a misdemeanor, and in addition thereto he [shall] must

5-17  be removed from office.

5-18    Sec. 12.  This act becomes effective on July 1, 2001.

 

5-19  H