STATE OF NEVADA Office of the Labor Commissioner

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STATE OF NEVADAOffice of the Labor Commissioner
Las Vegas Chamber of CommerceNevada Overtime
Laws April 20, 2004

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Nevada Labor Commissioner

• PRESENTATION OUTLINE
• Overview of the Office of the Nevada Labor
  Commissioner
• Discussion of Nevadas Overtime Laws
  Definitions, Applications Exemptions and
  Whether Regulations/Statutory Amendments are
  Necessary
• Analysis of the Process for Enforcing Nevadas
  Overtime Laws

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Nevada Labor Commissioner

• Overview of Responsibilities
• Wage Hour Administration (NRS 608)
• Apprenticeship Training (NRS 610)
• Private Employment Agencies (NRS 611)
• Child Labor (NRS 609)
• Unlawful Termination of Natl. Guardsmen (NRS
  412)
• General/Other Employment Provisions
• Producer-Promoter Registration
• Public Works/Prevailing Wages (NRS 338)

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Nevada Labor Commissioner

• Powers Duties of Labor Commissioner
• Inspect/enter into any place of employment
• Issue subpoenas for documents, testimony
• Conduct hearings, enter binding decisions
• Assess fines/penalties
• Refer matters for criminal prosecution
• Issue advisory opinions, declaratory orders
• Adopt regulations

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Nevada Labor Commissioner

• Overtime Laws of Nevada Definition Application
• Requires an employer to pay an employee one
  and one half times the employees regular wage
  rate when employee works
• More than 40 hours in a workweek or
• 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.

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Nevada Labor Commissioner

• Definitions
• Workday means a period of 24 consecutive hours
  which begins when the employee begins work. (NRS
  608.0126)
• Week of work means 7 consecutive periods of 24
  hours which may begin on any day and at any hour
  of the day. (NRS 608.0123)

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Nevada Labor Commissioner

• Overtime Laws of Nevada Exemptions
• Employees not covered by minimum wage laws
• Casual babysitters.
• Domestic service employees who reside in the
  household where they work.
• Outside salespersons whose earnings are based on
  commissions.
• Certain agricultural employees
• Taxicab and limousine drivers
• Severely handicapped persons as determined by DETR

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Nevada Labor Commissioner

• Nevada Overtime Laws Exemptions (contd)
• Employees earning more than 1½ times the minimum
  wage (7.73)
• Outside buyers
• Salesmen earning retail commissions where their
  regular rate is more than 1½ times the minimum
  wage and more than one-half their compensation
  comes from commissions
• Employees who are employed in a bona fide
  executive, administrative or professional
  capacities

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Nevada Labor Commissioner

• Nevada Overtime Laws Exemptions (contd)
• Employees covered by collective bargaining
  agreements which provide otherwise for overtime
• Drivers, drivers helpers, loaders and mechanics
  for motor carriers subject to the Motor Carrier
  Act of 1935, as amended
• Employees of a railroad
• Employees of a carrier by air
• Drivers or drivers helpers making local
  deliveries and paid on a trip-rate basis or other
  delivery payment plan

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Nevada Labor Commissioner

• Nevada Overtime Laws Exemptions (contd)
• Drivers of taxicabs or limousines
• Agricultural employees
• Employees of business enterprises having a gross
  sales volume of less than 250,000 per year
• Any salesman or mechanic primarily engaged in
  selling or servicing automobiles, trucks or farm
  equipment.
• Employees otherwise covered by prevailing wage
  provisions of NRS 338.020

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Nevada Labor Commissioner

• Enforcement of Nevadas Overtime Laws
• Enforcement actions generally result from
• Filing of a Wage Claim by an employee
• Complaints (anonymously or by a third party)
• Staffs audit of an employers payroll records
• A combination of the above

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Nevada Labor Commissioner

• Enforcement of Nevadas Overtime Laws
• Investigation of a Wage Claim
• Employer is notified of claim given opportunity
  to resolve or otherwise address claim
• Mandatory settlement conferences may be convened
  by Investigator
• Investigator issues a Determination as to their
  investigative findings concerning wage claim

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Nevada Labor Commissioner

• Enforcement of Nevadas Overtime Laws
• Investigation of a Wage Claim (contd)
• Either party, employer or employee, can object to
  findings set forth in Investigators
  Determination
• Matter is then forwarded to Labor Commissioner
  for final administrative disposition (i.e.
  dismissal of claim, enter order
  affirming/modifying/setting aside Determination
  or calendaring matter for hearing.

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Nevada Labor Commissioner

• Enforcement of Nevadas Overtime Laws
• Investigation of a Wage Claim Misc.
• Standard of evidence is substantial evidence,
  which is evidence that a reasonable mind would
  accept as adequate to support a conclusion.
  (Blacks Law Dictionary, 7th Ed.)
• Employers required to maintain records of wages
  paid, hours worked, deductions, etc (NRS
  608.115)

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Nevada Labor Commissioner

• Enforcement of Nevadas Overtime Laws
• Penalties for Violations
• Discharged/quitting employees wages continue for
  up to 30 days if not timely paid. (NRS 608.040)
• Administrative penalty of up to 5,000 per
  violation
• Criminal prosecution

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Nevada Labor Commissioner

• Enforcement of Nevadas Overtime Laws
• Misc. Information
• Post an abstract of Ch. 608 of NRS at business
  (NRS 608.013)
• Ensure payroll tracking systems are maintained in
  accordance with Nevada law versus other
  jurisdictions, including federal.
• Timely respond to inquiries/notices from agency
  staff regarding enforcement issues.

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Office of the Labor CommissionerContact
Information

• Email mail_at_LaborCommissioner.com
• Internet www.LaborCommissioner.com
• Phone[phone]
• Fax [phone]
• Address
• Office of the Nevada Labor Commissioner 555 E.
  Washington Avenue, Ste. 4100Las Vegas, NV 89101