[Rev. 11/21/2013 12:33:18 PM--2013]

CHAPTER 607 - LABOR COMMISSIONER

GENERAL PROVISIONS

NRS 607.005           “Commission” defined.

NRS 607.010           Creation of office.

NRS 607.020           Appointment of Labor Commissioner.

NRS 607.030           Classification; other employment prohibited; exception.

NRS 607.040           Location of office.

PERSONNEL

NRS 607.050           Deputy Labor Commissioner: Employment; powers of attorney; other employment prohibited; exception.

NRS 607.060           Employees.

NRS 607.065           Retention of legal counsel; authority of counsel.

POWERS AND DUTIES

NRS 607.080           Biennial reports.

NRS 607.100           Compilation and issuance of bulletins.

NRS 607.110           Knowledge of labor laws.

NRS 607.120           Cooperation with other departments of labor; memorandum of understanding with United States Department of Labor.

NRS 607.125           Federal gifts and grants.

NRS 607.130           Obtaining information from state and county officers.

NRS 607.140           Preparation of forms and blanks for information and statistics; penalty and administrative fine for refusal to furnish information required on forms.

NRS 607.150           Inspection of places of employment; penalty and administrative fine for refusal to allow entry to Labor Commissioner.

NRS 607.160           Enforcement of 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           Notice to State Contractors’ Board of repeated claims for wages against contractor; recommendation by Labor Commissioner concerning contractor’s bond or cash deposit.

NRS 607.170           Actions for collection of wages or commissions; subpoena power; compromise and settlement of claims; disposition of money collected for claims.

NRS 607.175           Assignment and consolidation of claims for wages or commissions.

NRS 607.180           Reciprocal agreements for collection of claims for wages or commissions assigned to Labor Commissioner; maintenance of actions.

NRS 607.185           Availability to public of terms and conditions of compromise or settlement of claim or dispute.

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

NRS 607.205           Power of Labor Commissioner to conduct hearings and issue decisions.

NRS 607.207           Notice and conduct of hearing.

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

NRS 607.215           Decision of Labor Commissioner or designee after hearing: Issuance; enforceability; judicial review.

CRIMINAL VIOLATIONS

NRS 607.220           Complaint by Labor Commissioner; prosecution by Attorney General.

_________

_________

GENERAL PROVISIONS

      NRS 607.005  “Commission” defined.  As used in this chapter, “commission” means 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  Creation of office.  The Office of Labor Commissioner is hereby created.

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

      NRS 607.020  Appointment of Labor Commissioner.  The Labor Commissioner must 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 unclassified service of the State.

      2.  Except as otherwise provided in NRS 284.143, the Labor Commissioner shall devote his or her entire time and attention to the business of his or her office and shall not pursue any other business 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  Location of office.  The Labor Commissioner must be provided with properly furnished offices at the capital in Carson City, Nevada.

      [Part 7:203:1915; 1919 RL p. 3085; NCL § 2755] + [15:203:1915; 1919 RL p. 3086; NCL § 2762]—(NRS A 2003, 1452; 2011, 324)

PERSONNEL

      NRS 607.050  Deputy Labor Commissioner: Employment; powers of attorney; other employment prohibited; exception.

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

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

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

      (b) The Attorney General pursuant to NRS 607.160,

Ê in the prosecution of all claims and actions originating with the Labor Commissioner by appropriate action in the courts of this state, when the Labor Commissioner is charged with the enforcement of those laws.

      3.  The Deputy shall act under the direction of the Labor Commissioner, and in the performance of his or her duties is responsible to the Labor Commissioner.

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

      [1:182:1943; 1943 NCL § 2829.17] + [2:182:1943; 1943 NCL § 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 unclassified service 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  Retention of legal counsel; authority of counsel.

      1.  The Labor Commissioner may provide for contract services by legal counsel for assistance in administering the labor and industrial relations laws of this state. Any such counsel must be an attorney admitted to practice law in the State of Nevada.

      2.  In the prosecution of all claims and actions referred to legal counsel by the Labor Commissioner, such counsel has the same power as that vested in:

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

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

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

POWERS AND DUTIES

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

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

      NRS 607.100  Compilation and issuance of bulletins.  With the approval of the State Board of Examiners, the Labor Commissioner may compile and issue such bulletins pertaining to labor and industries of the State as the Labor Commissioner may deem necessary.

      [10:203:1915; 1919 RL p. 3086; NCL § 2758]—(NRS A 1969, 1529; 1973, 1477; 1985, 469; 1993, 1803; 1997, 23; 2005, 1094)

      NRS 607.110  Knowledge of labor laws.  The Labor Commissioner shall inform himself or herself of all laws of the State for the protection of life and limb in any of the industries of the State, all laws regulating the hours of labor, the employment of minors, the payment of wages and all other laws enacted for the protection 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  Cooperation with other departments of labor; memorandum of understanding with United States Department of Labor.  The Labor Commissioner:

      1.  Shall cooperate with such bureaus or departments of labor of the Federal Government and other states as may be established; and

      2.  May enter into a memorandum of understanding with the Wage and Hour Division of the United States Department of Labor to establish a collaborative relationship among the agencies of this State and those of the Federal Government for the purpose of promoting compliance with labor laws of common concern.

      [5:203:1915; 1919 RL p. 3085; NCL § 2753]—(NRS A 2013, 449)

      NRS 607.125  Federal gifts and grants.

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

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

      (Added to NRS by 1969, 726)

      NRS 607.130  Obtaining information from state and county officers.  Upon the written request of the Labor Commissioner, all state and county officers shall furnish all information in their power necessary to assist in carrying out the objects of this chapter.

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

      NRS 607.140  Preparation of forms and blanks for information and statistics; penalty and administrative fine for refusal to furnish information required on forms.

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

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

      3.  In addition to any other remedy or penalty, the Labor Commissioner may impose against the person an administrative penalty of not more than $500 for each such violation.

      [11:203:1915; 1919 RL p. 3086; NCL § 2759]—(NRS A 1979, 1488; 1985, 307; 2003, 792)

      NRS 607.150  Inspection of places of employment; penalty and administrative fine for refusal to allow entry to Labor Commissioner.

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

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

      3.  In addition to any other remedy or penalty, the Labor Commissioner may impose against the person an administrative penalty of not more than $500 for each such violation.

      [9:203:1915; 1919 RL p. 3085; NCL § 2757]—(NRS A 1967, 621; 1973, 1024; 1975, 218; 2001, 562; 2003, 792)

      NRS 607.160  Enforcement of 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 of Nevada:

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

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

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

      2.  If the Labor Commissioner has reason to believe that a person is violating or has violated a labor law or regulation, the Labor Commissioner may take any appropriate action against the person to enforce the labor law or regulation whether or not a claim or complaint has been made to the Labor Commissioner concerning the violation.

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

      4.  In determining the amount of any administrative penalty to be imposed against a person who violates a labor law or regulation, the Labor Commissioner shall consider the person’s previous record of compliance with the labor laws and regulations and the severity of the violation.

      5.  All money collected by the Labor Commissioner as an administrative penalty must be deposited in the State General Fund.

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

      7.  If, after due inquiry, the Labor Commissioner believes that a person who is financially unable to employ counsel has a valid and enforceable claim for wages, commissions or other demands, the Labor Commissioner may present the facts to the Attorney General. The Attorney General shall prosecute the claim if the Attorney General determines that the claim 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  Notice to State Contractors’ Board of repeated claims for wages against contractor; recommendation by Labor Commissioner concerning contractor’s bond or cash deposit.

      1.  The Labor Commissioner shall notify the State Contractors’ Board after three substantiated claims for wages have been filed against a contractor within a 2-year period. The notification must include a copy of the final written decision of the Labor Commissioner with regard to each such claim.

      2.  The Labor Commissioner may recommend to the State Contractors’ Board the amount of the bond or cash deposit that a contractor should 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) “Employee” means a natural person who receives wages or other remuneration from a contractor 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 for wages by an employee against a contractor that the Labor Commissioner determines to be valid after providing notice and an opportunity for a hearing pursuant to the provisions of this chapter.

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

      NRS 607.170  Actions for collection of wages or commissions; subpoena power; compromise and settlement of claims; disposition of money collected for claims.

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

      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 whose appearance is required to adjust and settle claims or other actions for wages or commissions before bringing suit in those matters, and the Labor Commissioner may effect reasonable compromises of those matters.

      3.  The Labor Commissioner or the Labor Commissioner’s Deputy may maintain a commercial account with any bank or credit union within this State for the deposit of money collected for claims for wages or commissions. The money must be promptly paid to the person entitled thereto. At the end of each calendar year, any unclaimed money in the commercial account which has been a part of the account for 1 year or more is presumed abandoned under chapter 120A of NRS.

      [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; 2007, 770)

      NRS 607.175  Assignment and consolidation of claims for wages or commissions.  The Labor Commissioner or other designated agent of employees may take assignments of wage or commission claims and bring a single action against any one employer on any number of such assigned claims.

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

      NRS 607.180  Reciprocal agreements for collection of claims for wages or commissions assigned to Labor Commissioner; maintenance of actions.

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

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

      3.  The Labor Commissioner may, upon the written request of the Labor Commissioner or corresponding agency of any other state or of any person, board, officer or commission of such state authorized to act for and on behalf of such Labor Commissioner or corresponding agency, maintain actions in the courts of this state upon assigned claims for wages or commissions, judgments and demands arising in such other state in the same manner and to the same extent that such actions by the Labor Commissioner are authorized when arising in this state; but such actions may be commenced and maintained only in those cases where such other state, by appropriate legislation or by reciprocal agreement, extends a like comity to cases arising in this state.

      [1:192:1953] + [2:192:1953] + [3:192:1953]—(NRS A 1971, 1190)

      NRS 607.185  Availability to public of terms and conditions of compromise or settlement of claim or dispute.  If the Labor Commissioner enters into, effects or approves any compromise or settlement of a claim or dispute concerning or arising out of an alleged violation of the labor laws of this state, 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 or similar clause, and any such clause that is included in the terms and conditions of the compromise or settlement is void as against the public policy of this state.

      (Added to NRS by 2001, 826)

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

      1.  In all actions in the courts in this state wherein the Labor Commissioner is a party in his or her official capacity as Labor Commissioner, or as assignee of any wage or commission claim or claims, or where the Labor Commissioner is appearing for and in behalf of the State or any political subdivision thereof, no fees of any kind or nature shall be required of 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 fees shall be entered in or by any court against the Labor Commissioner. In proper cases, 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 be required to preserve the rights of the claimant, the Labor Commissioner shall not 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  Power of Labor Commissioner to conduct hearings and issue decisions.  In aid of the Labor Commissioner’s enforcement responsibilities under the labor laws of the State of Nevada, the Labor Commissioner or a person designated by the Labor Commissioner may conduct hearings and issue decisions thereon in the manner set forth in NRS 607.207.

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

      NRS 607.207  Notice and conduct of hearing.

      1.  When an enforcement question is presented under any labor law of the State of Nevada, the determination of which is not exclusively vested in another officer, board or commission, the Labor Commissioner or a person designated by the Labor Commissioner may conduct a hearing in any place convenient to the parties, if practicable, and otherwise in a place chosen by the Labor Commissioner.

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

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

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

      1.  The Labor Commissioner or a person designated by the Labor Commissioner may take testimony in all matters relating to the duties and requirements of this chapter in a suitable place in the vicinity to which the testimony is applicable.

      2.  The Labor Commissioner or a person designated by the Labor Commissioner may compel the attendance of witnesses, and may issue subpoenas. No witness fees may be paid to any witness unless the witness is required to testify at a place more than 5 miles from the witness’s place of residence, in which event the witness is entitled to be paid the same fees as a witness before a district court. Payment must be made from the fund appropriated for those purposes in the county in which the testimony is taken and the witness examined in the same manner as provided for the payment of witness fees in the district court of that county.

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

      [8:203:1915; 1919 RL p. 3085; NCL § 2756]—(NRS A 1967, 622; 1975, 531; 1981, 95; 2001, 564)

      NRS 607.215  Decision of Labor Commissioner or designee after hearing: Issuance; enforceability; judicial review.

      1.  Within 30 days after the conclusion of the hearing provided for in NRS 607.207, the Labor Commissioner or a person designated by the Labor Commissioner 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 fact and conclusions of law, must be mailed to each of the parties to whom the notice of the hearing was mailed and to any other persons who may have requested notice of the hearing. The decision becomes enforceable 10 days after the mailing.

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

      4.  A decision issued pursuant to this section is binding 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  Complaint by Labor Commissioner; prosecution by Attorney General.  Upon the complaint of the Labor Commissioner, the Attorney General shall prosecute all criminal violations of law that are reported to the Attorney General by the Labor Commissioner.

      [13:203:1915; 1919 RL p. 3086; NCL § 2761]—(NRS A 1997, 195; 2001, 564)