2005 Nevada Revised Statutes - Chapter 607 — Labor Commissioner

CHAPTER 607 - LABOR COMMISSIONER

GENERAL PROVISIONS

NRS 607.005 Commissiondefined.

NRS 607.010 Creationof office.

NRS 607.020 Appointmentof Labor Commissioner.

NRS 607.030 Classification;other employment prohibited; exception.

NRS 607.040 Locationof office; hours office to be open.

PERSONNEL

NRS 607.050 DeputyLabor Commissioner: Employment; powers of attorney; other employmentprohibited; exception.

NRS 607.060 Employees.

NRS 607.065 Retentionof legal counsel; authority of counsel.

POWERS AND DUTIES

NRS 607.080 Biennialreports.

NRS 607.090 Printing.[Repealed.]

NRS 607.100 Compilationand issuance of bulletins.

NRS 607.110 Knowledgeof labor laws.

NRS 607.120 Cooperationwith other departments of labor.

NRS 607.125 Federalgifts and grants.

NRS 607.130 Obtaininginformation from state and county officers.

NRS 607.140 Preparationof forms and blanks for information and statistics; penalty and administrativefine for refusal to furnish information required on forms.

NRS 607.150 Inspectionof places of employment; penalty and administrative fine for refusal to allowentry to Labor Commissioner.

NRS 607.160 Enforcementof labor laws; imposition and collection of administrative penalties;cumulative nature of penalties and remedies; claims for wages or commissions;prosecution of claims by Attorney General.

NRS 607.165 Noticeto State Contractors Board of repeated claims for wages against contractor;recommendation by Labor Commissioner concerning contractors bond or cashdeposit.

NRS 607.170 Actionsfor collection of wages or commissions; subpoena power; compromise andsettlement of claims; disposition of money collected for claims.

NRS 607.175 Assignmentand consolidation of claims for wages or commissions.

NRS 607.180 Reciprocalagreements for collection of claims for wages or commissions assigned to LaborCommissioner; maintenance of actions.

NRS 607.185 Availabilityto public of terms and conditions of compromise or settlement of claim ordispute.

NRS 607.190 Exemptionfor Labor Commissioner from payment of fees and costs in actions; payment ofwitness fees in certain actions; bond not required for attachment by LaborCommissioner.

NRS 607.205 Powerof Labor Commissioner to conduct hearings and issue decisions.

NRS 607.207 Noticeand conduct of hearing.

NRS 607.210 Powerof Labor Commissioner to take testimony and issue subpoenas; witness fees;penalty for noncompliance with subpoena.

NRS 607.215 Decisionof Labor Commissioner or his designee after hearing: Issuance; enforceability;judicial review.

CRIMINAL VIOLATIONS

NRS 607.220 Complaintby Labor Commissioner; prosecution by Attorney General.

_________

GENERAL PROVISIONS

NRS 607.005 Commissiondefined. As used in this chapter, commissionmeans a fee paid for transacting a piece of business or performing a service,but excluding bonuses and profit-sharing arrangements.

(Added to NRS by 1971, 1188)

NRS 607.010 Creationof office. The Office of Labor Commissioner ishereby created.

[Part 1:203:1915; A 1917, 338; 1919, 67; 1941, 87;1953, 304]

NRS 607.020 Appointmentof Labor Commissioner. The Labor Commissionermust be appointed by the Director of the Department of Business and Industry.

[Part 1:203:1915; A 1917, 338; 1919, 67; 1941, 87;1953, 304](NRS A 1993, 1802)

NRS 607.030 Classification;other employment prohibited; exception.

1. The Labor Commissioner is in the unclassifiedservice of the State.

2. Except as otherwise provided in NRS 284.143, he shall devote his entiretime and attention to the business of his office and shall not pursue any otherbusiness or occupation or hold any other office of profit.

[Part 1:203:1915; A 1917, 338; 1919, 67; 1941, 87;1953, 304] + [34:295:1953; A 1955, 525](NRS A 1959, 788; 1960, 396; 1961, 657;1965, 706; 1967, 1502; 1971, 1441; 1981, 1283; 1985, 440; 1995, 2317)

NRS 607.040 Locationof office; hours office to be open.

1. The Labor Commissioner must be provided withproperly furnished offices at the capital in Carson City, Nevada.

2. The offices of the Labor Commissioner must be openfor business during the hours and on the days established pursuant to NRS 281.110.

[Part 7:203:1915; 1919 RL p. 3085; NCL 2755] +[15:203:1915; 1919 RL p. 3086; NCL 2762](NRS A 2003, 1452)

PERSONNEL

NRS 607.050 DeputyLabor Commissioner: Employment; powers of attorney; other employmentprohibited; exception.

1. The Labor Commissioner shall employ a Deputy, whois in the unclassified service of the State.

2. If admitted to the practice of law in the State ofNevada, the Deputy has all the powers of:

(a) The district attorneys of the several counties inthis state; and

(b) The Attorney General pursuant to NRS 607.160,

in theprosecution of all claims and actions originating with the Labor Commissionerby appropriate action in the courts of this state, when the Labor Commissioneris charged with the enforcement of those laws.

3. The Deputy shall act under the direction of theLabor Commissioner, and in the performance of his duties he is responsible tothe Labor Commissioner.

4. Except as otherwise provided in NRS 284.143, the Deputy shall devote hisentire time and attention to the business of his office and shall not pursueany other business or occupation or hold any other office of profit.

[1:182:1943; 1943 NCL 2829.17] + [2:182:1943; 1943NCL 2829.18] + [3:182:1943; 1943 NCL 2829.19](NRS A 1967, 1502; 1971,1441; 1981, 1283; 1985, 440; 1995, 2317; 1997, 194)

NRS 607.060 Employees. The Labor Commissioner may employ:

1. One Chief Assistant, who is in the unclassifiedservice of the State.

2. Stenographic, clerical and statistical assistance.

[Part 1:203:1915; A 1917, 338; 1919, 67; 1941, 87;1953, 304](NRS A 1957, 252; 1969, 1105; 1985, 307, 441)

NRS 607.065 Retentionof legal counsel; authority of counsel.

1. The Labor Commissioner may provide for contractservices by legal counsel for assistance in administering the labor andindustrial relations laws of this state. Any such counsel must be an attorneyadmitted to practice law in the State of Nevada.

2. In the prosecution of all claims and actionsreferred to him by the Labor Commissioner, such counsel has the same power asthat vested in:

(a) The district attorneys of the several counties toenforce the labor and industrial relations laws of this state except that suchcounsel does not have the authority to prosecute for criminal violations ofthose laws; and

(b) The Attorney General pursuant to NRS 607.160 for prosecution of claims forwages, commissions or other demands.

(Added to NRS by 1969, 1105; A 1975, 144; 1997, 194)

POWERS AND DUTIES

NRS 607.080 Biennialreports. The Labor Commissioner shall collectand systematize and present in biennial reports to the Governor and theLegislature such statistical details relating to labor in the State as theLabor Commissioner may deem essential to further the objects of this chapter.

[2:203:1915; A 1923, 64; NCL 2750]

NRS 607.090 Printing. Repealed. (See chapter 318, Statutes of Nevada 2005,at page 1094.)

 

NRS 607.100 Compilationand issuance of bulletins. With the approvalof the State Board of Examiners, the Labor Commissioner may compile and issuesuch bulletins pertaining to labor and industries of the State as he may deemnecessary.

[10:203:1915; 1919 RL p. 3086; NCL 2758](NRS A1969, 1529; 1973, 1477; 1985, 469; 1993, 1803; 1997, 23; 2005, 1094)

NRS 607.110 Knowledgeof labor laws. The Labor Commissioner shallinform himself of all laws of the State for the protection of life and limb inany of the industries of the State, all laws regulating the hours of labor, theemployment of minors, the payment of wages and all other laws enacted for theprotection and benefit of employees.

[Part 4:203:1915; A 1919, 67; 1921, 218; 1931, 55;1935, 224; 1937, 419; 1941, 87; 1931 NCL 2751]

NRS 607.120 Cooperationwith other departments of labor. The Labor Commissionershall cooperate with such bureaus or departments of labor of the FederalGovernment and other states as may be established.

[5:203:1915; 1919 RL p. 3085; NCL 2753]

NRS 607.125 Federalgifts and grants.

1. The Labor Commissioner is authorized to accept,with the approval of the Governor, gifts and grants of money from the FederalGovernment which may become or are made available for programs and servicesadministered by the Labor Commissioner.

2. All such money shall be deposited in the StateTreasury for the use of the Labor Commissioner in accordance with theconditions and purposes under which given or granted.

(Added to NRS by 1969, 726)

NRS 607.130 Obtaininginformation from state and county officers. Uponthe written request of the Labor Commissioner, all state and county officersshall furnish all information in their power necessary to assist in carryingout the objects of this chapter.

[6:203:1915; 1919 RL p. 3085; NCL 2754]

NRS 607.140 Preparationof forms and blanks for information and statistics; penalty and administrativefine for refusal to furnish information required on forms.

1. The Labor Commissioner shall prepare forms andblanks for the purpose of gathering the information and statistics required bythis chapter, and may require any person to give the information andstatistical detail designated in those forms.

2. Any person who refuses to furnish such detail andstatistics in the form required by the Labor Commissioner is guilty of amisdemeanor and shall be punished by a fine of not more than $500.

3. In addition to any other remedy or penalty, theLabor Commissioner may impose against the person an administrative penalty ofnot more than $500 for each such violation.

[11:203:1915; 1919 RL p. 3086; NCL 2759](NRS A1979, 1488; 1985, 307; 2003,792)

NRS 607.150 Inspectionof places of employment; penalty and administrative fine for refusal to allowentry to Labor Commissioner.

1. To carry out the provisions of NRS 607.160, the Labor Commissioner or aperson designated by the Labor Commissioner may enter any store, foundry, mill,office, workshop, mine or other public or private works or place of employmentat any reasonable time to gather facts and statistics and make a recordthereof.

2. Any person who refuses such entry to the LaborCommissioner or a person designated by the Labor Commissioner is guilty of amisdemeanor.

3. In addition to any other remedy or penalty, theLabor Commissioner may impose against the person an administrative penalty ofnot more than $500 for each such violation.

[9:203:1915; 1919 RL p. 3085; NCL 2757](NRS A1967, 621; 1973, 1024; 1975, 218; 2001, 562; 2003, 792)

NRS 607.160 Enforcementof labor laws; imposition and collection of administrative penalties;cumulative nature of penalties and remedies; claims for wages or commissions;prosecution of claims by Attorney General.

1. The Labor Commissioner:

(a) Shall enforce all labor laws of the State ofNevada:

(1) Without regard to whether an employee orworkman is lawfully or unlawfully employed; and

(2) The enforcement of which is not specificallyand exclusively vested in any other officer, board or commission.

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

2. If theLabor Commissioner has reason to believe that a person is violating or hasviolated a labor law or regulation, the Labor Commissioner may take any appropriateaction against the person to enforce the labor law or regulation whether or nota claim or complaint has been made to the Labor Commissioner concerning the violation.

3. Before theLabor Commissioner may enforce an administrative penalty against a person whoviolates a labor law or regulation, the Labor Commissioner must provide theperson with notice and an opportunity for a hearing as set forth in NRS 607.207.

4. Indetermining the amount of any administrative penalty to be imposed against aperson who violates a labor law or regulation, the Labor Commissioner shallconsider the persons previous record of compliance with the labor laws andregulations and the severity of the violation.

5. All moneycollected by the Labor Commissioner as an administrative penalty must bedeposited in the State General Fund.

6. The actionsand remedies authorized by the labor laws are cumulative. If a person violatesa labor law or regulation, the Labor Commissioner may seek a civil remedy,impose an administrative penalty or take other administrative action againstthe person whether or not the person is prosecuted, convicted or punished forthe violation in a criminal proceeding. The imposition of a civil remedy, anadministrative penalty or other administrative action against the person doesnot operate as a defense in any criminal proceeding brought against the person.

7. If, after due inquiry, the Labor Commissionerbelieves that a person who is financially unable to employ counsel has a validand enforceable claim for wages, commissions or other demands, the LaborCommissioner may present the facts to the Attorney General. The AttorneyGeneral shall prosecute the claim if the Attorney General determines that theclaim is valid and enforceable.

[Part 4:203:1915; A 1919, 67; 1921, 218; 1931, 55;1935, 224; 1937, 419; 1941, 87; 1931 NCL 2751](NRS A 1967, 621; 1971, 1189;1997, 195; 2001, 562;2003, 793, 1517)

NRS 607.165 Noticeto State Contractors Board of repeated claims for wages against contractor;recommendation by Labor Commissioner concerning contractors bond or cashdeposit.

1. The Labor Commissioner shall notify the StateContractors Board after three substantiated claims for wages have been filedagainst a contractor within a 2-year period. The notification must include acopy of the final written decision of the Labor Commissioner with regard toeach such claim.

2. The Labor Commissioner may recommend to the StateContractors Board the amount of the bond or cash deposit that a contractorshould be required to file or establish pursuant to subsection 6 of NRS 624.270.

3. As used in this section:

(a) Contractor has the meaning ascribed to it in NRS 624.020.

(b) Employeemeans a natural person who receives wages or other remuneration from acontractor for personal services, including, without limitation, commissions,bonuses and remuneration payable in a medium other than cash.

(c) Substantiated claim for wages means a claim forwages by an employee against a contractor that the Labor Commissionerdetermines to be valid after providing notice and an opportunity for a hearingpursuant to the provisions of this chapter.

(Added to NRS by 1997, 1514; A 2003, 2145)

NRS 607.170 Actionsfor collection of wages or commissions; subpoena power; compromise andsettlement of claims; disposition of money collected for claims.

1. The Labor Commissioner may prosecute a claim forwages and commissions or commence any other action to collect wages,commissions and other demands of any person who is financially unable to employcounsel in a case in which, in the judgment of the Labor Commissioner, theclaim for wages or commissions or other action is valid and enforceable in thecourts.

2. In all matters relating to wages or commissions,the Labor Commissioner may, in accordance with the provisions of NRS 607.210, subpoena any person whoseappearance is required to adjust and settle claims or other actions for wagesor commissions before bringing suit in those matters, and the LaborCommissioner may effect reasonable compromises of those matters.

3. The Labor Commissioner or his Deputy may maintain acommercial account with any bank or credit union within this State for thedeposit of money collected for claims for wages or commissions. The money mustbe promptly paid to the person entitled thereto. At the end of each calendaryear, any unclaimed money in the commercial account which has been a part ofthe account for 1 year or more is presumed abandoned under NRS 120A.220.

[Part 4:203:1915; A 1919, 67; 1921, 218; 1931, 55;1935, 224; 1937, 419; 1941, 87; 1931 NCL 2751](NRS A 1967, 1; 1971, 1189;1975, 348; 1979, 1761, 1762; 1983, 1476; 1985, 122; 1987, 755; 1999, 1521; 2001, 563; 2003, 794)

NRS 607.175 Assignmentand consolidation of claims for wages or commissions. TheLabor Commissioner or other designated agent of employees may take assignmentsof wage or commission claims and bring a single action against any one employeron any number of such assigned claims.

(Added to NRS by 1965, 320; A 1971, 1190)

NRS 607.180 Reciprocalagreements for collection of claims for wages or commissions assigned to LaborCommissioner; maintenance of actions.

1. The Labor Commissioner is authorized to enter intoreciprocal agreements with the Labor Commissioner or corresponding agency ofany other state, or with the person, board, officer or commission authorized toact for and on behalf of such Labor Commissioner or corresponding agency, forthe collection in such other state of claims or judgments for wages,commissions and other demands based upon claims previously assigned to theLabor Commissioner.

2. The Labor Commissioner may, to the extent providedfor by any reciprocal agreement entered into pursuant to subsection 1 or by thelaws of any other state, maintain actions in the courts of such other state forthe collection of such claims for wages or commissions, judgments and otherdemands, and may assign such claims, judgments and demands to the LaborCommissioner or corresponding agency of such other state for collection, to theextent that the same may be permitted or provided for by the laws of such stateor by such reciprocal agreement.

3. The Labor Commissioner may, upon the writtenrequest of the Labor Commissioner or corresponding agency of any other state orof any person, board, officer or commission of such state authorized to act forand on behalf of such Labor Commissioner or corresponding agency, maintainactions in the courts of this state upon assigned claims for wages orcommissions, judgments and demands arising in such other state in the samemanner and to the same extent that such actions by the Labor Commissioner areauthorized when arising in this state; but such actions may be commenced andmaintained only in those cases where such other state, by appropriatelegislation or by reciprocal agreement, extends a like comity to cases arisingin this state.

[1:192:1953] + [2:192:1953] + [ 3:192:1953](NRS A1971, 1190)

NRS 607.185 Availabilityto public of terms and conditions of compromise or settlement of claim ordispute. If the Labor Commissioner entersinto, effects or approves any compromise or settlement of a claim or disputeconcerning or arising out of an alleged violation of the labor laws of thisstate, the terms and conditions of the compromise or settlement:

1. Must be made available to the public upon request;and

2. Must not include any confidentiality clause orsimilar clause, and any such clause that is included in the terms andconditions of the compromise or settlement is void as against the public policyof this state.

(Added to NRS by 2001, 826)

NRS 607.190 Exemptionfor Labor Commissioner from payment of fees and costs in actions; payment ofwitness fees in certain actions; bond not required for attachment by LaborCommissioner.

1. In all actions in the courts in this state whereinthe Labor Commissioner is a party in his official capacity as LaborCommissioner, or as assignee of any wage or commission claim or claims, orwhere the Labor Commissioner is appearing for and in behalf of the State or anypolitical subdivision thereof, no fees of any kind or nature shall be requiredof the Labor Commissioner by any court or officer thereof, or by any sheriff,constable or other officer, and no judgment for costs or for attorney feesshall be entered in or by any court against the Labor Commissioner. In propercases, the Labor Commissioner may pay the witness fees required by NRS 607.210.

2. In any cases prosecuted under the provisions of NRS 607.160 and 607.170 wherein an attachment may berequired to preserve the rights of the claimant, the Labor Commissioner shallnot be required to give any bond as a prerequisite to the levy of attachment.

[Part 4:203:1915; A 1919, 67; 1921, 218; 1931, 55;1935, 224; 1937, 419; 1941, 87; 1931 NCL 2751] + [4 1/2:203:1915; added 1925,133; A 1937, 419; 1931 NCL 2752](NRS A 1971, 1191)

NRS 607.205 Powerof Labor Commissioner to conduct hearings and issue decisions. In aid of his enforcement responsibilities under the laborlaws of the State of Nevada, the Labor Commissioner or a person designated byhim may conduct hearings and issue decisions thereon in the manner set forth inNRS 607.207.

(Added to NRS by 1975, 530; A 1985, 759; 2001, 563; 2003, 794)

NRS 607.207 Noticeand conduct of hearing.

1. When an enforcement question is presented under anylabor law of the State of Nevada, the determination of which is not exclusivelyvested in another officer, board or commission, the Labor Commissioner or aperson designated by him may conduct a hearing in any place convenient to theparties, if practicable, and otherwise in a place chosen by the LaborCommissioner.

2. Notice of the hearing must be given by registeredor certified mail to each party and to any person who has in writing requestedsuch notice. The hearing must be conducted not less than 15 days after themailing of the notices. The proceedings must be recorded and one copy must beprovided at cost to any party who requests it. The Labor Commissioner or aperson designated by him shall, in any such hearing, make full use of theauthority conferred upon him by NRS 607.210.

(Added to NRS by 1975, 530; A 1977, 81; 2001, 563)

NRS 607.210 Powerof Labor Commissioner to take testimony and issue subpoenas; witness fees;penalty for noncompliance with subpoena.

1. The Labor Commissioner or a person designated byhim may take testimony in all matters relating to the duties and requirementsof this chapter in a suitable place in the vicinity to which the testimony isapplicable.

2. The Labor Commissioner or a person designated byhim may compel the attendance of witnesses, and may issue subpoenas. No witnessfees may be paid to any witness unless he is required to testify at a placemore than 5 miles from his place of residence, in which event the witness isentitled to be paid the same fees as a witness before a district court. Paymentmust be made from the fund appropriated for those purposes in the county inwhich the testimony is taken and the witness examined in the same manner asprovided for the payment of witness fees in the district court of that county.

3. Any person subpoenaed pursuant to the provisions ofthis chapter who willfully refuses or neglects to testify at the time and placenamed in the subpoena is guilty of a misdemeanor.

[8:203:1915; 1919 RL p. 3085; NCL 2756](NRS A1967, 622; 1975, 531; 1981, 95; 2001, 564)

NRS 607.215 Decisionof Labor Commissioner or his designee after hearing: Issuance; enforceability;judicial review.

1. Within 30 days after the conclusion of the hearingprovided for in NRS 607.207, the LaborCommissioner or a person designated by him shall issue a written decision,setting forth findings of fact and conclusions of law developed at the hearing.

2. The decision, together with the findings of factand conclusions of law, must be mailed to each of the parties to whom thenotice of the hearing was mailed and to any other persons who may haverequested notice of the hearing. The decision becomes enforceable 10 days afterthe mailing.

3. Upon a petition for judicial review, the court mayorder trial de novo.

4. A decision issued pursuant to this section isbinding on all parties and has the force of law.

(Added to NRS by 1975, 531; A 1977, 82; 2001, 564)

CRIMINAL VIOLATIONS

NRS 607.220 Complaintby Labor Commissioner; prosecution by Attorney General. Upon the complaint of the Labor Commissioner, the AttorneyGeneral shall prosecute all criminal violations of law that are reported to himby the Labor Commissioner.

[13:203:1915; 1919 RL p. 3086; NCL 2761](NRS A1997, 195; 2001, 564)

 

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