2005 Nevada Revised Statutes - Chapter 611 — Employment Agencies and Offices

CHAPTER 611 - EMPLOYMENT AGENCIES ANDOFFICES

FREE PUBLIC EMPLOYMENT OFFICES

NRS 611.010 Establishmentand maintenance.

PRIVATE EMPLOYMENT AGENCIES

NRS 611.020 Definitions.

NRS 611.023 Administrationby Labor Commissioner; regulations.

NRS 611.025 Hearingsby Labor Commissioner; issuance and enforcement of subpoenas.

NRS 611.030 License:Procurement from Labor Commissioner; posting; penalty for doing businesswithout license.

NRS 611.040 Applicationfor license.

NRS 611.045 Investigationof applicant; issuance and renewal of license.

NRS 611.050 Groundsfor denial, suspension and revocation of license.

NRS 611.055 Employmentagency to be permitted to continue business during pendency of reviewproceedings.

NRS 611.060 Feesfor licenses and renewals.

NRS 611.070 Bond:Amount; conditions; deposits in lieu of bond; increase of bond or deposit;Labor Commissioners Account for Bonds.

NRS 611.080 Bond:Payable to people of State of Nevada; conditions.

NRS 611.090 Bond:Failure to file new bond after demand; revocation of license.

NRS 611.100 Depositof fees for licenses.

NRS 611.110 Contentsof license.

NRS 611.120 Personsand places protected.

NRS 611.130 Postingof license in employment agency.

NRS 611.135 Claimsagainst licensees: Assignment to Labor Commissioner; disposition of amountsrecovered.

NRS 611.140 Actionsagainst licensees: Parties; limitation of action; assignment; jurisdiction.

NRS 611.150 Actionsagainst licensees: Service of summons.

NRS 611.160 Records:Maintenance and retention; contents; false entry prohibited.

NRS 611.170 Records:Inspection by Labor Commissioner; furnishing copy.

NRS 611.175 Copyof contract to be given to applicant.

NRS 611.180 Invoiceto be given to applicant; contents.

NRS 611.200 Receipts:Issuance; retention of duplicate; required statement.

NRS 611.210 Approvalof forms by Labor Commissioner.

NRS 611.220 Limiton fee.

NRS 611.225 Intereston account past due; charge for returned check.

NRS 611.230 Postingof notice of limitation of fee.

NRS 611.240 Authorizationfor referral required before acceptance of fee from applicant or referral ofapplicant.

NRS 611.250 Refundingof fee paid by applicant.

NRS 611.260 Limitationon fee if applicant employed less than 30 days.

NRS 611.265 Prohibitedpractices.

NRS 611.270 Publicationof false, fraudulent or misleading information; advertisements.

NRS 611.280 Acceptingapplication by child or placing child in employment in violation of chapter 609 of NRS.

NRS 611.290 Statementof existence of labor dispute to be furnished applicant; retention of signedcopy.

NRS 611.300 Divisionof fees with certain persons prohibited.

NRS 611.310 Enforcementby Labor Commissioner; prosecution by district attorney.

NRS 611.320 Criminaland administrative penalties.

_________

FREE PUBLIC EMPLOYMENT OFFICES

NRS 611.010 Establishmentand maintenance. The Administrator of theEmployment Security Division of the Department of Employment, Training and Rehabilitationshall establish and maintain free public employment offices as provided in chapter 612 of NRS.

[Part 8:59:1941; 1931 NCL 2825.25g](NRS A 1993,1804)

PRIVATE EMPLOYMENT AGENCIES

NRS 611.020 Definitions. As used in NRS 611.020to 611.320, inclusive:

1. Babysitting means employment to care for childrenduring a short absence of the parents or guardian.

2. Employment agency means any person who, for a fee,commission or charge:

(a) Furnishes information to a person seekingemployment enabling or tending to enable him to secure employment;

(b) Furnishes information to a person seeking employeesenabling or tending to enable him to obtain employees; or

(c) Maintains a record of persons seeking employment oremployees.

Employmentagency does not include a recognized labor union, an employer who procures hisown employees or an employee who procures other employees for his employeronly.

3. Gross cash wage means wages and salary, anallocation for lodging if lodging is furnished in the employment agreement,commissions paid and any other supplemental compensation, excluding tips andbonuses.

4. Labor Commissioner means the Labor Commissionerof the State of Nevada.

[1:167:1919; A 1923, 78; NCL 2835](NRS A 1975,1096; 1985, 533, 1780)

NRS 611.023 Administrationby Labor Commissioner; regulations. The LaborCommissioner shall administer the provisions of NRS 611.020 to 611.320, inclusive, and may adoptreasonable regulations to carry out the purposes of these sections.

(Added to NRS by 1975, 1095; A 1985, 1781)

NRS 611.025 Hearingsby Labor Commissioner; issuance and enforcement of subpoenas.

1. The Labor Commissioner or his designee may conducthearings in the performance of his duties as set forth in NRS 611.020 to 611.320, inclusive, and may:

(a) Issue subpoenas for the attendance of witnesses andfor the production of papers; and

(b) Administer oaths, examine witnesses and take testimony.

2. If any person fails to comply with any subpoena ororder lawfully issued by the Labor Commissioner or his designee or to testifyto any matter regarding which the person may be lawfully interrogated, thedistrict court, upon application of the Labor Commissioner or his designee,shall compel obedience to the subpoena or order or require the testimony byproceedings for contempt.

(Added to NRS by 1975, 1096; A 1977, 83; 1981, 95;1985, 1781)

NRS 611.030 License:Procurement from Labor Commissioner; posting; penalty for doing businesswithout license.

1. A person shall not open, keep, operate or maintainan employment agency in this State without first obtaining a license thereforas provided in NRS 611.020 to 611.320, inclusive, from the LaborCommissioner.

2. No employment agency may solicit any employer inthis State and refer or place any person for employment with such employer orotherwise do business in this State unless such employment agency has obtaineda license from the Labor Commissioner under the provisions of NRS 611.045.

3. Any person who opens, keeps, operates or maintainsan employment agency without first procuring a license is guilty of amisdemeanor.

[Part 2:167:1919; 1919 RL p. 2781; NCL 2836](NRS A1967, 627; 1975, 1097)

NRS 611.040 Applicationfor license.

1. A written application for a license to conduct aprivate employment agency in this State must be made to the Labor Commissionerand must contain:

(a) The name and address of the applicant;

(b) The street and number of the building or placewhere the business is to be conducted; and

(c) The business or occupation in which the applicantwas engaged for at least 2 years immediately preceding the date of theapplication.

2. The application must be accompanied by:

(a) Affidavits of at least two reputable residents ofthis State stating that the applicant is a person of good moral character; and

(b) Proof that the applicant is a resident of thisState.

[3:167:1919; 1919 RL p. 2781; NCL 2837](NRS A1975, 1097; 1985, 1781)

NRS 611.045 Investigationof applicant; issuance and renewal of license.

1. The Labor Commissioner may issue a license to anapplicant for the conduct of an employment agency:

(a) After making an investigation of the applicant andfinding that he is of good moral character and has not been convicted of afelony relating to the conduct of an employment agency or any offense involvingmoral turpitude;

(b) After making an investigation of the premises wherethe proposed employment agency will be conducted and finding that the premisesare suitable for the purpose;

(c) Upon determining that the applicant is a residentof this State; and

(d) Upon the applicants payment of the licensing feeprescribed in NRS 611.060.

2. The Labor Commissioner shall complete hisinvestigation of the applicant within 60 days after such applicant hassubmitted his application.

3. A license to conduct an employment agency is validonly as to the person and place named in the license and is effective from thedate specified therein to and including the next following December 31, unlesssooner suspended or revoked.

4. Annually at least 15 days prior to the expirationdate of the license, the licensee must apply for renewal in the manner prescribedby regulation of the Labor Commissioner. Pending administrative action on arenewal application, the license may be continued in effect for a period not toexceed 60 days beyond the expiration date of the license.

(Added to NRS by 1975, 1095; A 2003, 2702)

NRS 611.050 Groundsfor denial, suspension and revocation of license.

1. The Labor Commissioner, upon reasonable notice andopportunity for a licensed employment agency to be heard, may deny, suspend orrevoke its license after finding that it has failed to comply with anyprovision of NRS 611.020 to 611.320, inclusive.

2. When, in the opinion of the Labor Commissioner, acommunity is being adequately served by existing licensed employment agencies,he may deny the establishment therein of any other employment agency.

[Part 4:167:1919; A 1931, 54; 1931 NCL 2838](NRS A1975, 1097)

NRS 611.055 Employmentagency to be permitted to continue business during pendency of reviewproceedings. Any employment agency shall be permittedto continue doing business as a licensed agency during the pendency of theproceedings for review of any final order of the Labor Commissioner.

(Added to NRS by 1975, 1096; A 1977, 83)

NRS 611.060 Feesfor licenses and renewals. Every personlicensed under the provisions of NRS 611.020to 611.320, inclusive, to carry on thebusiness of an employment agency must pay to the Labor Commissioner a fee of$100 before the license is issued, and thereafter he must pay a fee of $100 onor before the last day of each year to carry on the business for the followingyear. No fee may be refunded.

[Part 5:167:1919; A 1923, 78; NCL 2839](NRS A1975, 1098; 1983, 294)

NRS 611.070 Bond:Amount; conditions; deposits in lieu of bond; increase of bond or deposit;Labor Commissioners Account for Bonds.

1. Before a license is issued, the applicant shalldeposit with the Labor Commissioner a bond, approved by the Labor Commissioner,in the sum of $1,000 with two or more sureties or an authorized surety companyas surety. A notice of 30 days must be given to the Labor Commissioner beforecancellation of the bond.

2. The bond must be conditioned so that thesuspension, revocation, surrender or expiration of the license to operate theemployment agency does not affect the coverage of the bond as to a claimarising out of acts that occurred before the date of the suspension,revocation, surrender or expiration of the license.

3. In lieu of a bond an applicant may deposit with theLabor Commissioner:

(a) An amount of money or bonds of the United States orof the State of Nevada of an actual market value not less than the amount fixedby the Labor Commissioner; or

(b) A savings certificate of a bank, credit union orsavings and loan association situated in Nevada, which indicates an accountcontaining an amount equal to the amount of the bond which would otherwise berequired by this section and that this amount is unavailable for withdrawalexcept upon order of the Labor Commissioner. Interest earned on this amountaccrues to the account of the applicant.

4. The Labor Commissioner may at any time require thelicensee to file a new or supplementary bond, or a deposit in lieu thereof, ina form and amount of not more than $5,000 to conform to the provisions of thissection if the Labor Commissioner deems the initial deposit or surety of theinitial bond to be unsatisfactory or the amount of the deposit or bond to havebecome insufficient to satisfy all claims, accrued or contingent, against thelicensee.

5. Any money received in lieu of a bond must bedeposited with the State Treasurer for credit to the Labor CommissionersAccount for Bonds, which is hereby created in the State Agency Fund for Bonds.The deposit must not be released for a period of 90 days following the date ofsuspension, revocation, surrender or expiration of the license.

[Part 5:167:1919; A 1923, 78; NCL 2839](NRS A1965, 67; 1975, 1098; 1977, 571; 1985, 722; 1991, 1798; 1999, 1522)

NRS 611.080 Bond:Payable to people of State of Nevada; conditions. Thebond shall be payable to the people of the State of Nevada and shall be conditionedthat the person applying for the license will comply with the provisions of NRS 611.020 to 611.320, inclusive, and shall pay alldamages occasioned to any person by reason of any misstatement,misrepresentation, fraud or deceit, or any unlawful act or omission of anylicensee, made, committed or omitted in the business conducted under thelicense, or caused by any other violation of such provisions in carrying on thebusiness for which the license is granted.

[Part 5:167:1919; A 1923, 78; NCL 2839](NRS A1975, 1098)

NRS 611.090 Bond:Failure to file new bond after demand; revocation of license. If at any time the sureties or any of them shall becomeirresponsible, the licensee shall, upon receipt of notice from the LaborCommissioner, give a new bond, subject to the provisions of NRS 611.070 and 611.080. The failure to give a new bondwithin 10 days after such notice operates as a revocation of the license. Thelicense shall thereupon be returned to the Labor Commissioner, who shall destroythe license.

[Part 5:167:1919; A 1923, 78; NCL 2839](NRS A1975, 1098)

NRS 611.100 Depositof fees for licenses. The Labor Commissionershall make an itemized account of all money received by him as fees forlicenses under the provisions of NRS 611.020to 611.320, inclusive, and shall depositthe money with the State Treasurer in accordance with the provisions of NRS 353.250.

[14:167:1919; 1919 RL p. 2783; NCL 2848](NRS A1963, 774; 1965, 68; 1975, 1098; 1985, 722)

NRS 611.110 Contentsof license. Each license shall contain:

1. The name of the licensee.

2. A designation of the city, street and number of thepremises at which the licensee is authorized to carry on the employment agency.

3. The number and date of issuance of the license.

[Part 4:167:1919; A 1931, 54; 1931 NCL 2838](NRS A1975, 1099)

NRS 611.120 Personsand places protected. No license shall protectany other than the person to whom it is issued nor any places other than thosedesignated in the license.

[Part 4:167:1919; A 1931, 54; 1931 NCL 2838]

NRS 611.130 Postingof license in employment agency. The licensemust be posted in a conspicuous place in the employment agency.

[Part 2:167:1919; 1919 RL p. 2781; NCL 2836](NRS A1975, 1099; 1985, 1781)

NRS 611.135 Claimsagainst licensees: Assignment to Labor Commissioner; disposition of amountsrecovered.

1. The Labor Commissioner may accept assignments ofclaims arising under NRS 611.020 to 611.320, inclusive, against employmentagencies.

2. The Labor Commissioner may maintain a commercialaccount with any bank or credit union within this State for the deposit of anymoney recovered for the use of such assigning claimants. The money must bepromptly paid to the claimants entitled thereto. At the end of each calendaryear, any unclaimed money in the commercial account which has been a part ofthe account for 7 years or more must be paid into the State Treasury for creditto the State General Fund.

(Added to NRS by 1975, 1096; A 1999, 1522)

NRS 611.140 Actionsagainst licensees: Parties; limitation of action; assignment; jurisdiction.

1. All claims or suits brought in any court againstany licensee may be brought in the name of the person or persons damaged uponthe bond deposited with the Labor Commissioner by the licensee, and may beassigned as other claims for damages in civil suits. An action on the bond maybe brought in the name of the State of Nevada by the Labor Commissioner for theuse and benefit of such person or persons.

2. An action on the bond must be commenced within 90days after the cause of action arises. The amount of damages claimed by theplaintiff, and not the penalty named in the bond, shall determine thejurisdiction of the court in which the action is brought.

[Part 6:167:1919; 1919 RL p. 2782; NCL 2840](NRS A1975, 1099)

NRS 611.150 Actionsagainst licensees: Service of summons. When alicensee has departed from the State with intent to defraud his creditors orwith intent to avoid a summons in an action brought under NRS 611.140, service shall be made upon thesurety as prescribed in the Justice Court Rules of Civil Procedure or theNevada Rules of Civil Procedure. A copy of the summons shall be mailed to thelast known post office address of the residence of the licensee and also to theplace where he conducted the employment agency as shown by the records of theLabor Commissioner. Service shall be deemed to be made when not less than suchnumber of days shall have intervened between the dates of service and thereturn of the same as provided by the rules of the particular court in whichsuit is brought.

[Part 6:167:1919; 1919 RL p. 2782; NCL 2840]

NRS 611.160 Records:Maintenance and retention; contents; false entry prohibited.

1. Every licensee shall keep, for 2 years, a record ofevery applicant for employment who secures employment through the servicesprovided by the licensee. The record must include a copy of the:

(a) Invoice given to the applicant for employmentpursuant to NRS 611.180;

(b) Application for employment submitted to theemployment agency by the applicant;

(c) Receipt given to the applicant for the payment ofany fees pursuant to NRS 611.200; and

(d) Contract between the applicant and the employmentagency.

2. A licensee shall not make any false entry in theserecords.

[7:167:1919; 1919 RL p. 2782; NCL 2841](NRS A1985, 1781)

NRS 611.170 Records:Inspection by Labor Commissioner; furnishing copy.

1. The premises of a licensed employment agency andall the records kept by the licensee pursuant to NRS 611.020 to 611.320, inclusive, must be made availableat all reasonable hours for inspection by the Labor Commissioner.

2. Every licensee shall furnish to the LaborCommissioner on request a true copy of those records.

[8:167:1919; 1919 RL p. 2782; NCL 2842](NRS A1975, 1099; 1985, 1782)

NRS 611.175 Copyof contract to be given to applicant. At thetime an employment agency contracts with an applicant for employment it shallsupply the applicant with a copy of the signed contract.

(Added to NRS by 1985, 1780)

NRS 611.180 Invoiceto be given to applicant; contents. Everylicensee shall give to every applicant for employment from whom a fee is requiredfor securing employment an invoice on which is stated:

1. The name and address of the employment agency;

2. The name and address of the employer;

3. The name of the applicant;

4. The date;

5. The amount of the fee required for the services ofthe employment agency;

6. The title of the position secured by the applicant;

7. The name of the person authorized to hire employeesfor the employer; and

8. The amount of the gross cash wage.

[Part 9:167:1919; 1919 RL p. 2782; NCL 2843](NRS A1985, 1782)

NRS 611.200 Receipts:Issuance; retention of duplicate; required statement. Allreceipts for the payment of any fees by an applicant for employment must beprepared and numbered in original and duplicate. The original must be given tothe applicant paying the fee and the duplicate must be kept on file at theemployment agency. Each receipt must have printed on its face in prominent typethe following statement:

 

This agency is licensed by theLabor Commissioner of Nevada.

 

[Part 9:167:1919; 1919 RL p. 2782; NCL 2843](NRS A1985, 1783)

NRS 611.210 Approvalof forms by Labor Commissioner. The LaborCommissioner shall approve the form of the receipts given, records kept andapplications provided by a licensee and the form of the contract used by alicensee for its services to applicants for employment. Each licensee shallprovide the necessary blanks and other supplies at his own expense.

[13:167:1919; 1919 RL p. 2783; NCL 2847](NRS A1969, 884; 1985, 1783)

NRS 611.220 Limiton fee. No employment agency licensed pursuantto the terms of NRS 611.020 to 611.320, inclusive, may charge, accept orcollect from any applicant for employment as a fee for securing the employmentany sum of money in excess of 65 percent of the first months gross cash wagereceived for the employment, except babysitting. The fee for a placement forbabysitting must not exceed 15 percent of the gross cash wage received.

[Part 9 1/2:167:1919; added 1947, 830; 1943 NCL 2843.01](NRS A 1969, 96; 1975, 1099; 1979, 1032; 1985, 1783)

NRS 611.225 Intereston account past due; charge for returned check. Inaddition to the regular fee for securing employment, an employment agency maycharge an applicant for employment:

1. Interest at the rate of 1.5 percent per month onany account which is more than 30 days past due.

2. Not more than $15 for each check drawn by him whichis returned because he had insufficient money or credit with the drawee.

(Added to NRS by 1985, 1780)

NRS 611.230 Postingof notice of limitation of fee. Everyemployment agency shall keep posted in a conspicuous place in its office orplace of business a card or cards, furnished by the Labor Commissioner, uponwhich must be printed in large black-faced type the following: No fee may becharged an applicant for employment which exceeds 65 percent of the firstmonths gross cash wage.

[Part 9 1/2:167:1919; added 1947, 830; 1943 NCL 2843.01](NRS A 1969, 96; 1975, 1099; 1985, 1783)

NRS 611.240 Authorizationfor referral required before acceptance of fee from applicant or referral ofapplicant. An employment agency shall notaccept a fee from any applicant for employment with an employer or refer anyapplicant for employment to an employer without having obtained orally or inwriting an authorization for that referral from the employer or his agent.

[Part 10:167:1919; 1919 RL p. 2783; NCL 2844](NRSA 1985, 1783)

NRS 611.250 Refundingof fee paid by applicant.

1. If the applicant paying a fee fails to obtainemployment, without fault refuses to accept employment, or is employed and theemployment lasts less than 7 days, the employment agency shall repay the amountof the fee to the applicant.

2. A refund must be made to an applicant foremployment, if the fee was paid:

(a) In cash, within 72 hours;

(b) By a check drawn on a bank located in this State,within 14 days; or

(c) By a check drawn on a bank located in anotherstate, within 30 days,

after theapplicant requests the refund.

[Part 10:167:1919; 1919 RL p. 2783; NCL 2844](NRSA 1975, 1100; 1985, 1784)

NRS 611.260 Limitationon fee if applicant employed less than 30 days. Ifthe applicant is employed and the employment lasts 7 or more days but less than30 days, the fee charged the applicant shall not exceed 40 percent of the grosscash wage paid to the applicant.

[Part 10:167:1919; 1919 RL p. 2783; NCL 2844](NRSA 1975, 1100)

NRS 611.265 Prohibitedpractices. No employment agency may:

1. Impose fees of any kind for the registration ofapplicants for employment without the written permission of the LaborCommissioner.

2. Cause or attempt to cause the discharge of anyperson from his employment.

3. Require any applicant to subscribe to anypublication or incidental service or contribute to the cost of advertising.

4. Refer any applicant to any employment or occupationprohibited by law.

5. Except with the written consent of the LaborCommissioner, conduct an employment agency in a room used for sleeping or as aresidence.

6. Use any name, sign or device for advertisingbearing a name that is similar to or can reasonably be confused with the nameof any governmental agency or another licensed employment agency.

7. Require any applicant to execute any contract orother document relating to his liability or obligation concerning employmentservices except on such forms as are approved by the Labor Commissioner. Anydocument executed contrary to this subsection is void.

(Added to NRS by 1975, 1095; A 1985, 1784)

NRS 611.270 Publicationof false, fraudulent or misleading information; advertisements.

1. An employment agency shall not publish or cause tobe published any false, fraudulent or misleading information, representation,notice or advertisement.

2. All advertisements of an employment agency, bymeans of cards, circulars, signs, or in newspapers and other publications, andall letterheads, receipts, and blanks shall be printed and contain the licensedname and address of the employment agency.

3. A licensee shall not give any false, inaccurate ormisleading information or make any false promise or false representationconcerning an engagement or employment to any applicant who shall register orapply for employment or help.

[11:167:1919; 1919 RL p. 2783; NCL 2845](NRS A1975, 1100)

NRS 611.280 Acceptingapplication by child or placing child in employment in violation of chapter 609of NRS. No employment agency shall accept anyapplication for employment made by or in behalf of any child, or shall place orassist in placing any such child in any employment whatever, in violation ofthe provisions of chapter 609 of NRS.

[Part 12:167:1919; 1919 RL p. 2783; NCL 2846]

NRS 611.290 Statementof existence of labor dispute to be furnished applicant; retention of signedcopy. An employment agency shall not knowinglysend an applicant to any place where a strike, lockout or other labor troubleexists without furnishing the applicant with a written statement of such fact,a copy of which statement, signed by the applicant, shall be kept on file for 1year.

[Part 12:167:1919; 1919 RL p. 2783; NCL 2846](NRSA 1975, 1100)

NRS 611.300 Divisionof fees with certain persons prohibited. An employmentagency shall not divide fees with an employer, an agent or other employee of anemployer or any other person to whom services for employment are provided bythe agency.

[Part 12:167:1919; 1919 RL p. 2783; NCL 2846](NRSA 1975, 1100; 1985, 1784)

NRS 611.310 Enforcementby Labor Commissioner; prosecution by district attorney. The Labor Commissioner shall enforce NRS 611.020 to 611.320, inclusive, and when informed ofany violations thereof he shall report the fact to the district attorney of thecounty in which such violation occurred. The district attorney shall prosecutethe violator in accordance with law.

[15:167:1919; 1919 RL p. 2784; NCL 2849](NRS A1975, 1101)

NRS 611.320 Criminaland administrative penalties.

1. Any person who violates any provision of NRS 611.020 to 611.320, inclusive, or any regulationadopted pursuant thereto, is guilty of a misdemeanor.

2. In addition to any other remedy or penalty, theLabor Commissioner may impose against the person an administrative penalty ofnot more than $5,000 for each such violation.

[16:167:1919; 1919 RL p. 2784; NCL 2850](NRS A 1967,627; 1975, 1101; 2003,797)

 

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