Assembly Bill No. 458–Committee on
Government Affairs

 

March 24, 2003

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Clarifies authority of Labor Commissioner to enforce provisions relating to payment of overtime to workmen employed on public works. (BDR 28‑1304)

 

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 public works; clarifying the authority of the Labor Commissioner to enforce provisions relating to the payment of overtime to workmen employed on public works; requiring the disclosure of the rate of compensation for overtime in contracts for public works and to day labor; 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 338.015 is hereby amended to read as follows:

1-2  338.015  1.  The Labor Commissioner shall enforce the

1-3  provisions of :

1-4  (a) NRS 338.010 to 338.130, inclusive[.] ; and

1-5  (b) NRS 608.018 with respect to the payment of overtime to

1-6  workmen employed on public works.

1-7  2.  When informed of a violation of [NRS 338.010 to 338.130,

1-8  inclusive,] the provisions set forth in subsection 1, the Labor

1-9  Commissioner may hold hearings on and assess a fine of not more

1-10  than $5,000 for each violation of those provisions and shall report

1-11  all violations to the Attorney General.

2-1  [2.] 3. The Labor Commissioner may, by regulation, establish a

2-2  sliding scale based on the severity of the violation to determine the

2-3  amount of the fine to be assessed pursuant to subsection [1.] 2.

2-4  [3.] 4. The Attorney General shall prosecute the violator in

2-5  accordance with law.

2-6  Sec. 2.  NRS 338.020 is hereby amended to read as follows:

2-7  338.020  1.  Every contract to which a public body of this state

2-8  is a party, requiring the employment of skilled mechanics, skilled

2-9  workmen, semiskilled mechanics, semiskilled workmen or unskilled

2-10  labor in the performance of public work, must contain in express

2-11  terms the hourly and daily rate of wages to be paid each of the

2-12  classes of mechanics and workmen[.] and the rate of compensation

2-13  for overtime, as required pursuant to NRS 608.018. The hourly and

2-14  daily rate of wages must:

2-15      (a) Not be less than the rate of such wages then prevailing in the

2-16  county in which the public work is located, which prevailing rate of

2-17  wages must have been determined in the manner provided in NRS

2-18  338.030; and

2-19      (b) Be posted on the site of the public work in a place generally

2-20  visible to the workmen.

2-21      2.  When public work is performed by day labor, the prevailing

2-22  wage for each class of mechanics and workmen so employed and

2-23  the rate of compensation for overtime, as required pursuant to

2-24  NRS 608.018, applies and must be stated clearly to such mechanics

2-25  and workmen when employed.

2-26      3.  The prevailing wage so paid to each class of mechanics or

2-27  workmen must be in accordance with the jurisdictional classes

2-28  recognized in the locality where the work is performed.

2-29      4.  Nothing in this section prevents an employer who is

2-30  signatory to a collective bargaining agreement from assigning such

2-31  work in accordance with established practice.

2-32      Sec. 3.  This act becomes effective on July 1, 2003.

 

2-33  H