ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend the bill as a whole by deleting section 1 and renumbering sec. 2 as section 1.
Amend sec. 2, page 2, lines 12 and 13, by deleting:
“workmen [.] and the rate of compensation for overtime, as required pursuant to NRS 608.018.” and inserting “workmen.”.
Amend sec. 2, page 2, lines 22 through 24, by deleting:
“and the rate of compensation for overtime, as required pursuant to NRS 608.018,”.
Amend sec. 2, page 2, by deleting line 26 and inserting:
“3. Except as otherwise provided in subsection 4, a contractor or subcontractor shall pay to a mechanic or workman employed by the contractor or subcontractor on the public work not less than one and one-half times the prevailing rate of wages applicable to the class of the mechanic or workman whenever the mechanic or workman works:
(a) More than 40 hours in any scheduled week of work; or
(b) More than 8 hours in any workday.
4. The provisions of subsection 3 do not apply to a mechanic or workman who is covered by a collective bargaining agreement that provides for the payment of wages at not less than one and one-half times the rate of wages set forth in the collective bargaining agreement for work in excess of 40 hours in any scheduled week of work or 8 hours in any workday.
5. The prevailing wage [so]and any wages paid for overtime pursuant to subsection 3 or 4 to each class of mechanics or”.
Amend sec. 2, page 2, line 29, by deleting “4.” and inserting “[4.] 6.”.
Amend the bill as a whole by adding a new section designated sec. 2, following sec. 2, to read as follows:
“Sec. 2. NRS 608.018 is hereby amended to read as follows:
608.018 1. Except as otherwise provided in [subsection 2,] this section, an employer shall pay one and one-half times an employee’s regular wage rate whenever an employee works:
(a) More than 40 hours in any scheduled week of work; or
(b) More than 8 hours in any workday unless by mutual agreement the employee works a scheduled 10 hours per day for 4 calendar days within any scheduled week of work.
2. The provisions of subsection 1 do not apply to:
(a) Employees who are not covered by the minimum wage provisions of NRS 608.250;
(b) Employees who receive compensation for employment at a rate not less than one and one-half times the minimum rate prescribed pursuant to NRS 608.250;
(c) Outside buyers;
(d) Salesmen earning commissions in a retail business if their regular rate is more than one and one-half times the minimum wage, and more than one-half their compensation comes from commissions;
(e) Employees who are employed in bona fide executive, administrative or professional capacities;
(f) Employees covered by collective bargaining agreements which provide otherwise for overtime;
(g) Drivers, drivers’ helpers, loaders and mechanics for motor carriers subject to the Motor Carrier Act of 1935, as amended;
(h) Employees of a railroad;
(i) Employees of a carrier by air;
(j) Drivers or drivers’ helpers making local deliveries and paid on a trip-rate basis or other delivery payment plan;
(k) Drivers of taxicabs or limousines;
(l) Agricultural employees;
(m) Employees of business enterprises having a gross sales volume of less than $250,000 per year; and
(n) Any salesman or mechanic primarily engaged in selling or servicing automobiles, trucks or farm equipment.
3. The provisions of this section do not apply to a mechanic or workman for any hours to which the provisions of subsection 3 or 4 of NRS 338.020 apply.”.
Amend the title of the bill to read as follows:
“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.”.
Amend the summary of the bill to read as follows: