Amendment No. 35

 

Assembly Amendment to Assembly Bill No. 48                                                                  (BDR 53‑601)

Proposed by: Committee on Commerce and Labor

Amendment Box:

Resolves Conflicts with: N/A

Amends:         Summary:               Title:              Preamble:               Joint Sponsorship:

 

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 adding a new section designated section 1, following the enacting clause, to read as follows:

     “Section 1.  NRS 607.160 is hereby amended to read as follows:

     607.160 1.  The Labor Commissioner:

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

          (1) Without regard to whether an employee or workman is lawfully or unlawfully employed, to the extent that doing so does not conflict with or infringe upon federal law; and

          (2) The enforcement of which is not specifically and exclusively vested in any other officer, board or commission . [; and]

     (b) May adopt regulations to carry out the provisions of paragraph (a).

     2.  Whenever after due inquiry the Labor Commissioner believes that a person financially unable to employ counsel has a valid and enforceable claim for wages, commissions or other demands, he may present the facts to the Attorney General showing:

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

     (b) A description and the location of the property on which the labor was performed, if the claim is for wages, or which is the office or place of business of the debtor if the claim is for a commission, and the right, title and interest of the debtor therein.

     (c) Other property, if any, owned by the debtor and the probable value thereof.

     (d) The time the claimant began and the time he ceased the labor.

     (e) The number of days’ labor performed by him during the employment and the rate of wages or commission arrangement and terms of the employment.

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

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

     (h) The date on which a demand for payment was made upon the debtor or his agent or representative, and the response, if any, to that demand.

     (i) The names of the witnesses upon whom the claimant expects to rely to provide facts and to what facts each of the witnesses is expected to testify.

     3.  The Attorney General shall prosecute the claim if he determines that the claim is valid and enforceable.”.

     Amend sec. 2, page 2, lines 5 and 6, by deleting:

and includes, without limitation, aliens.

     Amend sec. 3, page 2, lines 14 and 15, by deleting:

and includes, without limitation, aliens”.

     Amend sec. 4, page 5, line 7, by deleting “an employer” and inserting:

a contractor or subcontractor”.

     Amend sec. 4, page 5, lines 9 and 10, by deleting:

and includes, without limitation, aliens”.

     Amend the bill as a whole by adding a new section designated sec. 5, following sec. 4, to read as follows:

     “Sec. 5.  This act becomes effective upon passage and approval.”.

     Amend the title of the bill to read as follows:

“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.”.