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.

 

~

 

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 unless by mutual

2-13  agreement the mechanic or workman works a scheduled 10 hours

2-14  per day for 4 calendar days within any scheduled week of work.

2-15      4.  The provisions of subsection 3 do not apply to a mechanic

2-16  or workman who is covered by a collective bargaining agreement

2-17  that provides for the payment of wages at not less than one and

2-18  one-half times the rate of wages set forth in the collective

2-19  bargaining agreement for work in excess of:

2-20      (a) Forty hours in any scheduled week of work; or

2-21      (b) Eight hours in any workday unless the collective

2-22  bargaining agreement provides that the mechanic or workman

2-23  shall work a scheduled 10 hours per day for 4 calendar days

2-24  within any scheduled week of work.

2-25      5.  The prevailing wage [so]and any wagespaid for overtime

2-26  pursuant to subsection 3 or 4 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.] 6. 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. 2. NRS 608.018 is hereby amended to read as follows:

2-33      608.018  1.  Except as otherwise provided in [subsection 2,]

2-34  this section, an employer shall pay one and one-half times an

2-35  employee’s regular wage rate whenever an employee works:

2-36      (a) More than 40 hours in any scheduled week of work; or

2-37      (b) More than 8 hours in any workday unless by mutual

2-38  agreement the employee works a scheduled 10 hours per day for 4

2-39  calendar days within any scheduled week of work.

2-40      2.  The provisions of subsection 1 do not apply to:

2-41      (a) Employees who are not covered by the minimum wage

2-42  provisions of NRS 608.250;

2-43      (b) Employees who receive compensation for employment at a

2-44  rate not less than one and one-half times the minimum rate

2-45  prescribed pursuant to NRS 608.250;

3-1  (c) Outside buyers;

3-2  (d) Salesmen earning commissions in a retail business if their

3-3  regular rate is more than one and one-half times the minimum wage,

3-4  and more than one-half their compensation comes from

3-5  commissions;

3-6  (e) Employees who are employed in bona fide executive,

3-7  administrative or professional capacities;

3-8  (f) Employees covered by collective bargaining agreements

3-9  which provide otherwise for overtime;

3-10      (g) Drivers, drivers’ helpers, loaders and mechanics for motor

3-11  carriers subject to the Motor Carrier Act of 1935, as amended;

3-12      (h) Employees of a railroad;

3-13      (i) Employees of a carrier by air;

3-14      (j) Drivers or drivers’ helpers making local deliveries and paid

3-15  on a trip-rate basis or other delivery payment plan;

3-16      (k) Drivers of taxicabs or limousines;

3-17      (l) Agricultural employees;

3-18      (m) Employees of business enterprises having a gross sales

3-19  volume of less than $250,000 per year; and

3-20      (n) Any salesman or mechanic primarily engaged in selling or

3-21  servicing automobiles, trucks or farm equipment.

3-22      3.  The provisions of this section do not apply to a mechanic

3-23  or workman for any hours to which the provisions of subsection 3

3-24  or 4 of NRS 338.020 apply.

3-25      Sec. 3.  This act becomes effective on July 1, 2003.

 

3-26  H