(Reprinted with amendments adopted on April 17, 2003)

 

Assembly Bill No. 458–Committee on
Government Affairs

 

March 24, 2003

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Requires payment of overtime to mechanics and workmen employed on public works under certain circumstances. (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; 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:

 

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

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

1-3  is a party, requiring the employment of skilled mechanics, skilled

1-4  workmen, semiskilled mechanics, semiskilled workmen or unskilled

1-5  labor in the performance of public work, must contain in express

1-6  terms the hourly and daily rate of wages to be paid each of the

1-7  classes of mechanics and workmen. The hourly and daily rate of

1-8  wages must:

1-9  (a) Not be less than the rate of such wages then prevailing in the

1-10  county in which the public work is located, which prevailing rate of

1-11  wages must have been determined in the manner provided in NRS

1-12  338.030; and

1-13      (b) Be posted on the site of the public work in a place generally

1-14  visible to the workmen.

2-1  2.  When public work is performed by day labor, the prevailing

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

2-3  and must be stated clearly to such mechanics and workmen when

2-4  employed.

2-5  3.  Except as otherwise provided in subsection 4, a contractor

2-6  or subcontractor shall pay to a mechanic or workman employed by

2-7  the contractor or subcontractor on the public work not less than

2-8  one and one-half times the prevailing rate of wages applicable to

2-9  the class of the mechanic or workman whenever the mechanic or

2-10  workman works:

2-11      (a) More than 40 hours in any scheduled week of work; or

2-12      (b) More than 8 hours in any workday.

2-13      4.  The provisions of subsection 3 do not apply to a mechanic

2-14  or workman who is covered by a collective bargaining agreement

2-15  that provides for the payment of wages at not less than one and

2-16  one-half times the rate of wages set forth in the collective

2-17  bargaining agreement for work in excess of 40 hours in any

2-18  scheduled week of work or 8 hours in any workday.

2-19      5.  The prevailing wage [so]and any wagespaid for overtime

2-20  pursuant to subsection 3 or 4 to each class of mechanics or

2-21  workmen must be in accordance with the jurisdictional classes

2-22  recognized in the locality where the work is performed.

2-23      [4.] 6. Nothing in this section prevents an employer who is

2-24  signatory to a collective bargaining agreement from assigning such

2-25  work in accordance with established practice.

2-26      Sec. 2. NRS 608.018 is hereby amended to read as follows:

2-27      608.018  1.  Except as otherwise provided in [subsection 2,]

2-28  this section, an employer shall pay one and one-half times an

2-29  employee’s regular wage rate whenever an employee works:

2-30      (a) More than 40 hours in any scheduled week of work; or

2-31      (b) More than 8 hours in any workday unless by mutual

2-32  agreement the employee works a scheduled 10 hours per day for 4

2-33  calendar days within any scheduled week of work.

2-34      2.  The provisions of subsection 1 do not apply to:

2-35      (a) Employees who are not covered by the minimum wage

2-36  provisions of NRS 608.250;

2-37      (b) Employees who receive compensation for employment at a

2-38  rate not less than one and one-half times the minimum rate

2-39  prescribed pursuant to NRS 608.250;

2-40      (c) Outside buyers;

2-41      (d) Salesmen earning commissions in a retail business if their

2-42  regular rate is more than one and one-half times the minimum wage,

2-43  and more than one-half their compensation comes from

2-44  commissions;

3-1  (e) Employees who are employed in bona fide executive,

3-2  administrative or professional capacities;

3-3  (f) Employees covered by collective bargaining agreements

3-4  which provide otherwise for overtime;

3-5  (g) Drivers, drivers’ helpers, loaders and mechanics for motor

3-6  carriers subject to the Motor Carrier Act of 1935, as amended;

3-7  (h) Employees of a railroad;

3-8  (i) Employees of a carrier by air;

3-9  (j) Drivers or drivers’ helpers making local deliveries and paid

3-10  on a trip-rate basis or other delivery payment plan;

3-11      (k) Drivers of taxicabs or limousines;

3-12      (l) Agricultural employees;

3-13      (m) Employees of business enterprises having a gross sales

3-14  volume of less than $250,000 per year; and

3-15      (n) Any salesman or mechanic primarily engaged in selling or

3-16  servicing automobiles, trucks or farm equipment.

3-17      3.  The provisions of this section do not apply to a mechanic

3-18  or workman for any hours to which the provisions of subsection 3

3-19  or 4 of NRS 338.020 apply.

3-20      Sec. 3.  This act becomes effective on July 1, 2003.

 

3-21  H