(Reprinted with amendments adopted on March 31, 2003)

 

Assembly Bill No. 48–Assemblywoman Giunchigliani

 

February 5, 2003

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Provides expressly that certain provisions related to labor include persons unlawfully employed. (BDR 53‑601)

 

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; clarifying that the duties of the Labor Commissioner include the enforcement of certain provisions related to labor without regard to whether a person is lawfully or unlawfully employed; clarifying that the provisions relating to compensation, wages and hours include persons unlawfully employed by revising the definition of “employee”; clarifying that the provisions relating to occupational safety and health include persons unlawfully employed by revising the definition of “employee”; clarifying that the provisions relating to public works projects include persons unlawfully employed by revising the definition of “workman”; 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 607.160 is hereby amended to read as follows:

1-2  607.160 1.  The Labor Commissioner:

1-3  (a) Shall enforce all labor laws of the State of Nevada[the] :

1-4       (1) Without regard to whether an employee or workman is

1-5  lawfully or unlawfully employed, to the extent that doing so does

1-6  not conflict with or infringe upon federal law; and

2-1       (2) The enforcement of which is not specifically and

2-2  exclusively vested in any other officer, board or commission . [;

2-3  and]

2-4  (b) May adopt regulations to carry out the provisions of

2-5  paragraph (a).

2-6  2.  Whenever after due inquiry the Labor Commissioner

2-7  believes that a person financially unable to employ counsel has a

2-8  valid and enforceable claim for wages, commissions or other

2-9  demands, he may present the facts to the Attorney General showing:

2-10      (a) The names of the claimant and his alleged debtor.

2-11      (b) A description and the location of the property on which the

2-12  labor was performed, if the claim is for wages, or which is the office

2-13  or place of business of the debtor if the claim is for a commission,

2-14  and the right, title and interest of the debtor therein.

2-15      (c) Other property, if any, owned by the debtor and the probable

2-16  value thereof.

2-17      (d) The time the claimant began and the time he ceased the

2-18  labor.

2-19      (e) The number of days’ labor performed by him during the

2-20  employment and the rate of wages or commission arrangement and

2-21  terms of the employment.

2-22      (f) The date or dates and the amount, if any, paid on the claim.

2-23      (g) The balance due, owing and unpaid on the claim.

2-24      (h) The date on which a demand for payment was made upon

2-25  the debtor or his agent or representative, and the response, if any, to

2-26  that demand.

2-27      (i) The names of the witnesses upon whom the claimant expects

2-28  to rely to provide facts and to what facts each of the witnesses is

2-29  expected to testify.

2-30      3.  The Attorney General shall prosecute the claim if he

2-31  determines that the claim is valid and enforceable.

2-32      Sec. 2.  NRS 608.010 is hereby amended to read as follows:

2-33      608.010  “Employee” includes both male and female persons[.]

2-34  in the service of an employer under any appointment or contract

2-35  of hire or apprenticeship, express or implied, oral or written,

2-36  whether lawfully or unlawfully employed, to the extent that doing

2-37  so does not conflict with or infringe upon federal law.

2-38      Sec. 3.  NRS 618.085 is hereby amended to read as follows:

2-39      618.085  “Employee” means every person who is required,

2-40  permitted or directed by any employer to engage in any

2-41  employment, or to go to work or be at any time in any place of

2-42  employment[.] , under any appointment or contract of hire or

2-43  apprenticeship, express or implied, oral or written, whether

2-44  lawfully or unlawfully employed, to the extent that doing so does

2-45  not conflict with or infringe upon federal law.

3-1  Sec. 4.  NRS 338.010 is hereby amended to read as follows:

3-2  338.010  As used in this chapter:

3-3  1.  “Day labor” means all cases where public bodies, their

3-4  officers, agents or employees, hire, supervise and pay the wages

3-5  thereof directly to a workman or workmen employed by them on

3-6  public works by the day and not under a contract in writing.

3-7  2.  “Design-build contract” means a contract between a public

3-8  body and a design-build team in which the design-build team agrees

3-9  to design and construct a public work.

3-10      3.  “Design-build team” means an entity that consists of:

3-11      (a) At least one person who is licensed as a general engineering

3-12  contractor or a general building contractor pursuant to chapter 624

3-13  of NRS; and

3-14      (b) For a public work that consists of:

3-15          (1) A building and its site, at least one person who holds a

3-16  certificate of registration to practice architecture pursuant to chapter

3-17  623 of NRS.

3-18          (2) Anything other than a building and its site, at least one

3-19  person who holds a certificate of registration to practice architecture

3-20  pursuant to chapter 623 of NRS or is licensed as a professional

3-21  engineer pursuant to chapter 625 of NRS.

3-22      4.  “Design professional” means:

3-23      (a) A person who is licensed as a professional engineer pursuant

3-24  to chapter 625 of NRS;

3-25      (b) A person who is licensed as a professional land surveyor

3-26  pursuant to chapter 625 of NRS;

3-27      (c) A person who holds a certificate of registration to engage in

3-28  the practice of architecture pursuant to chapter 623 of NRS;

3-29      (d) A person who holds a certificate of registration to engage in

3-30  the practice of landscape architecture pursuant to chapter 623A of

3-31  NRS; or

3-32      (e) A business entity that engages in the practice of professional

3-33  engineering, land surveying, architecture or landscape architecture.

3-34      5.  “Eligible bidder” means a person who is:

3-35      (a) Found to be a responsible and responsive contractor by a

3-36  local government which requests bids for a public work in

3-37  accordance with paragraph (b) of subsection 1 of NRS 338.1373; or

3-38      (b) Determined by a public body which awarded a contract for a

3-39  public work pursuant to NRS 338.1375 to 338.139, inclusive, to be

3-40  qualified to bid on that contract pursuant to NRS 338.1379 or was

3-41  exempt from meeting such qualifications pursuant to

3-42  NRS 338.1383.

3-43      6.  “General contractor” means a person who is licensed to

3-44  conduct business in one, or both, of the following branches of the

3-45  contracting business:

4-1  (a) General engineering contracting, as described in subsection 2

4-2  of NRS 624.215.

4-3  (b) General building contracting, as described in subsection 3 of

4-4  NRS 624.215.

4-5  7.  “Local government” means every political subdivision or

4-6  other entity which has the right to levy or receive money from ad

4-7  valorem or other taxes or any mandatory assessments, and includes,

4-8  without limitation, counties, cities, towns, boards, school districts

4-9  and other districts organized pursuant to chapters 244A, 309, 318,

4-10  379, 474, 541, 543 and 555 of NRS, NRS 450.550 to 450.750,

4-11  inclusive, and any agency or department of a county or city which

4-12  prepares a budget separate from that of the parent political

4-13  subdivision.

4-14      8.  “Offense” means failing to:

4-15      (a) Pay the prevailing wage required pursuant to this chapter;

4-16      (b) Pay the contributions for unemployment compensation

4-17  required pursuant to chapter 612 of NRS;

4-18      (c) Provide and secure compensation for employees required

4-19  pursuant to chapters 616A to 617, inclusive, of NRS; or

4-20      (d) Comply with subsection 4 or 5 of NRS 338.070.

4-21      9.  “Prime contractor” means a person who:

4-22      (a) Contracts to construct an entire project;

4-23      (b) Coordinates all work performed on the entire project;

4-24      (c) Uses his own workforce to perform all or a part of the

4-25  construction, repair or reconstruction of the project; and

4-26      (d) Contracts for the services of any subcontractor or

4-27  independent contractor or is responsible for payment to any

4-28  contracted subcontractors or independent contractors.

4-29  The term includes, without limitation, a general contractor or a

4-30  specialty contractor who is authorized to bid on a project pursuant to

4-31  NRS 338.139 or 338.148.

4-32      10.  “Public body” means the State, county, city, town, school

4-33  district or any public agency of this state or its political subdivisions

4-34  sponsoring or financing a public work.

4-35      11.  “Public work” means any project for the new construction,

4-36  repair or reconstruction of:

4-37      (a) A project financed in whole or in part from public money

4-38  for:

4-39          (1) Public buildings;

4-40          (2) Jails and prisons;

4-41          (3) Public roads;

4-42          (4) Public highways;

4-43          (5) Public streets and alleys;

4-44          (6) Public utilities which are financed in whole or in part by

4-45  public money;

5-1       (7) Publicly owned water mains and sewers;

5-2       (8) Public parks and playgrounds;

5-3       (9) Public convention facilities which are financed at least in

5-4  part with public funds; and

5-5       (10) All other publicly owned works and property whose cost

5-6  as a whole exceeds $20,000. Each separate unit that is a part of a

5-7  project is included in the cost of the project to determine whether a

5-8  project meets that threshold.

5-9  (b) A building for the University and Community College

5-10  System of Nevada of which 25 percent or more of the costs of the

5-11  building as a whole are paid from money appropriated by this state

5-12  or from federal money.

5-13      12.  “Specialty contractor” means a person who is licensed to

5-14  conduct business as described in subsection 4 of NRS 624.215.

5-15      13.  “Stand-alone underground utility project” means an

5-16  underground utility project that is not integrated into a larger

5-17  project, including, without limitation:

5-18      (a) An underground sewer line or an underground pipeline for

5-19  the conveyance of water, including facilities appurtenant thereto;

5-20  and

5-21      (b) A project for the construction or installation of a storm drain,

5-22  including facilities appurtenant thereto,

5-23  that is not located at the site of a public work for the design and

5-24  construction of which a public body is authorized to contract with a

5-25  design-build team pursuant to subsection 2 of NRS 338.1711.

5-26      14.  “Wages” means:

5-27      (a) The basic hourly rate of pay; and

5-28      (b) The amount of pension, health and welfare, vacation and

5-29  holiday pay, the cost of apprenticeship training or other similar

5-30  programs , or other bona fide fringe benefits which are a benefit to

5-31  the workman.

5-32      15.  “Workman” means a skilled mechanic, skilled workman,

5-33  semiskilled mechanic, semiskilled workman or unskilled workman

5-34  [.] in the service of a contractor or subcontractor under any

5-35  appointment or contract of hire or apprenticeship, express or

5-36  implied, oral or written, whether lawfully or unlawfully employed,

5-37  to the extent that doing so does not conflict with or infringe upon

5-38  federal law. The term does not include a design professional.

5-39      Sec. 5.  This act becomes effective upon passage and approval.

 

5-40  H