reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 607 - Labor Commissioner › ADMINISTRATIVE PROCEEDINGS › Parties and Jurisdiction › Section 607.105 - Limitation on acceptance of claim or complaint

Current through June 11, 2024
Except as otherwise provided by specific statute, the Commissioner will not accept any claim or complaint based on an act or omission that occurred more than 24 months before the date on which the claim or complaint is filed with the Commissioner.
Added to NAC by Labor Comm'r by R134-03, eff. 12-4-2003
NRS 233B.050, 607.160
Nevada Administrative Code › Chapter 607 - Labor Commissioner › ADMINISTRATIVE PROCEEDINGS › Parties and Jurisdiction › Section 607.110 - Intervention; rights of parties

Current through June 11, 2024
1.  A person who demonstrates a substantial, but not
				  necessarily a direct, interest in the outcome of a proceeding may petition the
				  Commissioner to intervene in the proceeding.
2.  A petition to intervene must include:
(a)  The nature and extent of the interest of the petitioner
				  in the outcome of the proceeding;
(b)  The potential effect that a decision in the proceeding
				  may have on the interest of the petitioner;
(c)  Whether any other means are available by which the
				  interest of the petitioner may be protected;
(d)  The extent to which the interest of the petitioner may be
				  represented by the other parties to the proceeding;
(e)  The extent to which the participation of the petitioner
				  would assist in the development of a full and complete record;
(f)  The extent to which the participation of the petitioner
				  would broaden the issues or delay the proceeding;
(g)  The extent to which the interest of the petitioner
				  differs from the interest of the general public;
(h)  The extent to which the intervention of the petitioner
				  would serve the public interest;
(i)  If the petitioner is seeking affirmative relief, the
				  type of and basis for that relief;
(j)  Whether the petitioner intends to present evidence in
				  the proceeding; and
(k)  The name and address of the petitioner.
Nevada Administrative Code › Chapter 607 - Labor Commissioner › ADMINISTRATIVE PROCEEDINGS › Pleadings and Other Documents › Section 607.125 - Communications to Commissioner

Current through June 11, 2024
Formal written communications and documents must be addressed
				  to the Commissioner and will be deemed to be officially received only when
				  delivered to the office of the Commissioner by United States mail or electronic
				  filing.
Labor Comm'r Practice Rules § 2.2, eff. 3-30-75-NAC A by R134-03, 12-4-2003-Substituted in revision for NAC 607.050;	A by
				  R019-18A,
				  eff. 12/18/2019
NRS 233B.050,
				  607.160
Nevada Administrative Code › Chapter 607 - Labor Commissioner › ADMINISTRATIVE PROCEEDINGS › Pleadings and Other Documents › Section 607.130 - Designation of pleadings

Current through June 11, 2024
Every pleading before the Commissioner must be designated as an application, petition, complaint, answer, determination or objection to a determination.
Labor Comm'r Practice Rules § 5.1, eff. 3-30-75-NAC A by R134-03, 12-4-2003
NRS 233B.050, 607.160
Nevada Administrative Code › Chapter 607 - Labor Commissioner › ADMINISTRATIVE PROCEEDINGS › Pleadings and Other Documents › Section 607.140 - Execution of pleadings

Current through June 11, 2024
Every pleading, except a complaint brought by or on behalf of the Commissioner, must be signed and dated by the party submitting it.
Labor Comm'r Practice Rules § 5.2, eff. 3-30-75-NAC A by R134-03, 12-4-2003
NRS 233B.050, 607.160
Nevada Administrative Code › Chapter 607 - Labor Commissioner › ADMINISTRATIVE PROCEEDINGS › Pleadings and Other Documents › Section 607.150 - Filing and availability of pleadings

Current through June 11, 2024
The Commissioner may direct that the party who filed a
				  pleading make copies of it available to any other person who has requested
				  copies, if the Commissioner first determines that the person making the request
				  may be affected by the proceeding.
Labor Comm'r Practice Rules § 6.1, eff. 3-30-75-NAC A by R134-03, 12-4-2003;	A by
				  R019-18A,
				  eff. 12/18/2019
NRS 233B.050,
				  607.160
Nevada Administrative Code › Chapter 607 - Labor Commissioner › ADMINISTRATIVE PROCEEDINGS › Pleadings and Other Documents › Section 607.160 - Method of service of documents

Current through June 11, 2024
Except as otherwise provided by a specific regulation,
				  notices, determinations, findings of fact, opinions and orders of the
				  Commissioner, and any document filed by a party, may be personally served upon
				  a party or served by United States mail, facsimile or electronic mail. If
				  served by United States mail, service shall be deemed to be complete when a
				  true copy of the document, properly addressed and with postage paid, is
				  deposited in the United States mail.
Labor Comm'r Practice Rules § 6.2, eff. 3-30-75-NAC A by R134-03, 12-4-2003;	A by
				  R019-18A,
				  eff. 12/18/2019
NRS 233B.050,
				  607.160
Nevada Administrative Code › Chapter 607 - Labor Commissioner › ADMINISTRATIVE PROCEEDINGS › Pleadings and Other Documents › Section 607.170 - Proof of service of documents

Current through June 11, 2024
Each document that is required to be served must contain an
				  acknowledgment of service, a certificate of mailing or other proof that the
				  document was successfully transmitted by facsimile or electronic
				  mail.
Labor Comm'r Practice Rules § 6.3, eff. 3-30-75-NAC A by R134-03, 12-4-2003;	A by
				  R019-18A,
				  eff. 12/18/2019
NRS 233B.050,
				  607.160
Nevada Administrative Code › Chapter 607 - Labor Commissioner › ADMINISTRATIVE PROCEEDINGS › Pleadings and Other Documents › Section 607.180 - Amendment and construction of pleadings

Current through June 11, 2024
The Commissioner may allow any pleading to be amended or corrected or any omission to be supplied. Pleadings will be liberally construed, and defects which do not affect a substantial right of a party will be disregarded.
Labor Comm'r Practice Rules § 5.3, eff. 3-30-75-NAC A by R134-03, 12-4-2003
NRS 233B.050, 607.160
Nevada Administrative Code › Chapter 607 - Labor Commissioner › ADMINISTRATIVE PROCEEDINGS › Pleadings and Other Documents › Section 607.200 - Administrative complaints

Current through June 11, 2024
1.  Upon the filing with the Commissioner of:
(a)  A claim, complaint or other pleading which alleges a
				  violation of, or seeks a remedy under, NRS 338.010  to 338.090, inclusive, or
				  NAC 338.005  to 338.125, inclusive, pursuant to subsection 1 of NAC 338.107;
				  or
(b)  An administrative complaint by any person who alleges a
				  violation of, or seeks a remedy under, any provision of this chapter, chapter
				  607 or 608 of NRS or chapter 608 of NAC, the Commissioner may investigate and
				  conduct hearings concerning possible violations of law in all matters relating
				  to his or her duties.
Nevada Administrative Code › Chapter 607 - Labor Commissioner › ADMINISTRATIVE PROCEEDINGS › Pleadings and Other Documents › Section 607.210 - Answer to complaint

Current through June 11, 2024
1. A respondent, within 15 days after being served with a copy of a complaint, shall file his answer to the complaint with the Commissioner and serve a copy of the answer on the complainant and every other person who is a party to the proceeding.
2. Matters that are alleged as an affirmative defense must be separately stated and numbered.
3. If the respondent fails to answer within 15 days, the Commissioner may determine that the respondent is in default and issue a decision and order based solely on the facts as presented in the complaint. A decision issued by the Commissioner pursuant to this subsection constitutes the final order of the Commissioner on the matter.
Labor Comm'r Practice Rules § 5.6, eff. 3-30-75-NAC A by R134-03, 12-4-2003
NRS 233B.050, 607.160
Nevada Administrative Code › Chapter 607 - Labor Commissioner › ADMINISTRATIVE PROCEEDINGS › Hearings › Section 607.300 - Prehearing conference

Current through June 11, 2024
1.  If any party disputes a claim or complaint, the
				  Commissioner may require the parties to appear before him or her at a
				  prehearing conference at a time and place designated by the Commissioner to
				  establish the issues to be resolved at the hearing and discuss the settlement
				  of the matter.
2.  The Commissioner may enter reasonable orders governing the
				  conduct of the prehearing conference and, for good cause, allow a party to
				  appear via telephone.
3.  The parties may be represented by counsel at the
				  prehearing conference. An attorney representing a party at the prehearing
				  conference must comply with subsection 2 of NAC 607.090.
4.  The parties shall present all evidence then known to them
				  that substantiates their respective positions during the prehearing
				  conference.
5.  A prehearing conference conducted pursuant to this section
				  may not be recorded.
6.  Offers of settlement discussed at the prehearing
				  conference may not be used as an admission at any subsequent hearing, and the
				  Commissioner will so inform the parties at the beginning of the prehearing
				  conference.
7.  At the prehearing conference, the parties shall make a
				  good faith effort to resolve the matter through settlement or
				  stipulation.
8.  If the Commissioner determines that the matter cannot be
				  resolved at the prehearing conference, he or she may issue a determination in
				  the matter pursuant to NAC 607.065.
Added to NAC by Labor Comm'r by R134-03, eff. 12-4-2003;	A by
				  R019-18A,
				  eff. 12/18/2019
NRS 233B.050,
				  607.160
Nevada Administrative Code › Chapter 607 - Labor Commissioner › ADMINISTRATIVE PROCEEDINGS › Hearings › Section 607.310 - Presiding officer; notice of hearing

Current through June 11, 2024
1.  Hearings of a matter before the Commissioner will be held
				  before the Commissioner or an authorized representative thereof.
2.  Notice of the place, date and hour of a hearing must be
				  served in accordance with the provisions of NAC 607.160  at least 15 days before
				  the date set for the hearing.
3.  A hearing that has previously been continued may be reset
				  on at least 10 days' notice.
4.  Every hearing will be held at a place in this State
				  designated by the Commissioner in the notice of hearing.
Labor Comm'r Practice Rules § 7.1, eff. 3-30-75-NAC A by R134-03, 12-4-2003;	A by
				  R019-18A,
				  eff. 12/18/2019
NRS 233B.050,
				  607.160
Nevada Administrative Code › Chapter 607 - Labor Commissioner › ADMINISTRATIVE PROCEEDINGS › Hearings › Section 607.320 - Subpoenas

Current through June 11, 2024
1. Upon proper application, the Commissioner will issue subpoenas for the attendance of witnesses or the production of documents, books or other records at a hearing conducted by him.
2. Applications for subpoenas must be made to the Commissioner in writing.
3. Applications for subpoenas for the production of documents, books or other records must be made in writing specifying as clearly as possible the documents, books and records desired.
4. A party that submits an application for a subpoena must submit a copy of the requested subpoena in a form that is suitable for execution by the Commissioner.
5. The Commissioner may:
(a) Deny or revoke an unreasonable or oppressive subpoena; or
(b) Grant a subpoena for the production of documents, books or other records upon the condition that the party making the application deposit with the Commissioner enough money to cover the reasonable cost of producing the materials, upon a motion by the respondent to the subpoena at or before the time specified in the subpoena for compliance.
Nevada Administrative Code › Chapter 607 - Labor Commissioner › ADMINISTRATIVE PROCEEDINGS › Hearings › Section 607.330 - Failure to appear; orders for conduct of hearings

Current through June 11, 2024
1. If the complainant or respondent fails to appear at a scheduled hearing and no continuance has been requested or granted, the Commissioner may:
(a) Hear the evidence of the witnesses who have appeared; and
(b) Consider the evidence before him on the matter.
Nevada Administrative Code › Chapter 607 - Labor Commissioner › ADMINISTRATIVE PROCEEDINGS › Hearings › Section 607.340 - Conduct and exclusion of persons

Current through June 11, 2024
1.  Any person appearing in a proceeding shall conform to
				  recognized standards of ethical and courteous conduct required before the
				  courts of this State. Every party to a hearing, his or her representative and
				  all spectators shall conduct themselves in a respectful manner.
2.  Contumacious conduct by any person at a hearing before the
				  Commissioner is a ground for the exclusion of the person from the hearing and
				  for the summary exclusion of the person from further participation in
				  subsequent proceedings relating thereto. The Commissioner may bar any person
				  excluded pursuant to this subsection from attending any further proceedings of
				  the Commissioner.
3.  A person excluded from proceedings by the Commissioner
				  pursuant to subsection 2 may petition the Commissioner to rescind the
				  exclusion. The Commissioner will grant the petition if he or she finds
				  sufficient evidence that the contumacious conduct that led to the exclusion of
				  the person will not reoccur.
Labor Comm'r Practice Rules §§ 4.4 & 7.4, eff. 3-30-75-NAC A by R134-03, 12-4-2003;	A by
				  R019-18A,
				  eff. 12/18/2019
NRS 233B.050,
				  607.160
Nevada Administrative Code › Chapter 607 - Labor Commissioner › ADMINISTRATIVE PROCEEDINGS › Hearings › Section 607.350 - Preliminary procedure

Current through June 11, 2024
The Commissioner or his authorized representative will call the proceeding to order, take the appearances of the parties, hear and rule upon showings of direct and substantial interests from interested parties and make any introductory remarks.
Labor Comm'r Practice Rules § 7.3, eff. 3-30-75-NAC A by R134-03, 12-4-2003
NRS 233B.050, 607.160, 607.207
Nevada Administrative Code › Chapter 607 - Labor Commissioner › ADMINISTRATIVE PROCEEDINGS › Hearings › Section 607.360 - Order of proceedings

Current through June 11, 2024
Following a statement of the case and consideration of any preliminary matters by the Commissioner, testimony and argument will be heard at a hearing in the following order unless otherwise set forth in the notice of hearing or the Commissioner determines at the time of the hearing that a more expeditious order is warranted:
1. Presentation of any determination made by the Commissioner in the proceeding.
2. Examination of the person presenting the determination of the Commissioner.
3. Cross-examination of the person presenting the determination of the Commissioner.
4. Presentation of the case of the applicant, petitioner or complainant.
5. Examination of the witnesses of the applicant, petitioner or complainant by the Commissioner.
6. Cross-examination of the witnesses of the applicant, petitioner or complainant.
7. Presentation of the case of the respondent, if any.
8. Examination of the witnesses of the respondent by the Commissioner.
9. Cross-examination of the witnesses of the respondent.
10. Rebuttal testimony by the complainant, if any.
11. Rebuttal testimony by the respondent, if any.
12. Closing arguments as follows:
(a) Argument for the complainant.
(b) Argument for the respondent.
(c) Rebuttal argument for the complainant.
Nevada Administrative Code › Chapter 607 - Labor Commissioner › ADMINISTRATIVE PROCEEDINGS › Hearings › Section 607.370 - Testimony under oath

Current through June 11, 2024
All testimony to be considered in hearings will be taken under oath. Before taking the witness stand, each person shall swear before the Commissioner to the truthfulness of the testimony the person is about to give in the hearing.
Labor Comm'r Practice Rules § 7.5, eff. 3-30-75-NAC A by R134-03, 12-4-2003
NRS 233B.050, 607.160, 607.207
Nevada Administrative Code › Chapter 607 - Labor Commissioner › ADMINISTRATIVE PROCEEDINGS › Hearings › Section 607.380 - Consolidation of proceedings

Current through June 11, 2024
1. The Commissioner may consolidate two or more proceedings into one hearing whenever it appears that the issues are substantially the same and the interests of the parties will not be prejudiced by consolidation.
2. The Commissioner will determine the order of procedure in a consolidated hearing.
Labor Comm'r Practice Rules § 7.7, eff. 3-30-75-NAC A by R134-03, 12-4-2003
NRS 233B.050, 607.160, 607.207
Nevada Administrative Code › Chapter 607 - Labor Commissioner › ADMINISTRATIVE PROCEEDINGS › Hearings › Section 607.410 - Rules of evidence; effect of informality

Current through June 11, 2024
1. In conducting an investigation, inquiry or hearing, the Commissioner is not bound by the technical rules of evidence and no informality in any proceeding or in the manner or order of taking of testimony invalidates any order, decision or regulation adopted, approved or confirmed by the Commissioner.
2. Rules of evidence used in the courts of this State will be generally followed, but may be relaxed in the discretion of the Commissioner if deviation from the technical rules of evidence will aid in ascertaining the facts.
3. Evidence admitted at a hearing must be material and relevant to the issues.
4. If an objection is made to the admissibility of evidence, the evidence may be received but it is subject to any subsequent ruling of the Commissioner.
5. The Commissioner may, with or without objection, exclude inadmissible, incompetent, cumulative or irrelevant evidence.
6. A party objecting to the introduction of evidence shall briefly state the grounds of objection at the time the evidence is offered.
Labor Comm'r Practice Rules § 7.9, eff. 3-30-75-NAC A by R134-03, 12-4-2003
NRS 233B.050, 607.160, 607.207
Nevada Administrative Code › Chapter 607 - Labor Commissioner › ADMINISTRATIVE PROCEEDINGS › Hearings › Section 607.420 - Stipulations

Current through June 11, 2024
1. With the approval of the Commissioner, the parties may stipulate to any fact at issue by written stipulation introduced in evidence as an exhibit or by oral statements shown upon the record.
2. Any stipulation is binding upon all parties to it, and may be treated as evidence at the hearing.
3. The Commissioner may demand proof by requiring evidence of facts stipulated.
Labor Comm'r Practice Rules § 7.8, eff. 3-30-75-NAC A by R134-03, 12-4-2003
NRS 233B.050, 607.160, 607.207
Nevada Administrative Code › Chapter 607 - Labor Commissioner › ADMINISTRATIVE PROCEEDINGS › Hearings › Section 607.430 - Depositions

Current through June 11, 2024
The Commissioner or any party to any proceeding may depose witnesses in the manner prescribed by the Nevada Rules of Civil Procedure.
Labor Comm'r Practice Rules § 7.11, eff. 3-30-75-NAC A by R134-03, 12-4-2003
NRS 233B.050, 607.160, 607.207
Nevada Administrative Code › Chapter 607 - Labor Commissioner › ADMINISTRATIVE PROCEEDINGS › Hearings › Section 607.440 - Continuances

Current through June 11, 2024
The Commissioner may, before or during a hearing, and on a proper showing, grant continuances for submission of further proof of any matter, or for any other just cause.
Labor Comm'r Practice Rules § 7.12, eff. 3-30-75-NAC A by R134-03, 12-4-2003
NRS 233B.050, 607.160, 607.207
Nevada Administrative Code › Chapter 607 - Labor Commissioner › ADMINISTRATIVE PROCEEDINGS › Hearings › Section 607.450 - Briefs

Current through June 11, 2024
1.  The Commissioner may order briefs to be filed and specify
				  a page limit and time limit for their filing.
2.  One copy of any requested brief must be filed with the
				  Commissioner in matters before him or her.
3.  An acknowledgment of service, a certificate of mailing or,
				  in the case of service by facsimile or electronic mail, comparable evidence of
				  service must accompany each brief to other parties of record.
4.  Following the filing of briefs and after deciding
				  contested motions, the Commissioner may set the matter for oral argument and
				  give reasonable notice to all parties.
Labor Comm'r Practice Rules § 7.13, eff. 3-30-75-NAC A by R134-03, 12-4-2003;	A by
				  R019-18A,
				  eff. 12/18/2019
NRS 233B.050,
				  607.160
Nevada Administrative Code › Chapter 607 - Labor Commissioner › ADMINISTRATIVE PROCEEDINGS › Hearings › Section 607.460 - Official notice

Current through June 11, 2024
The Commissioner may take official notice of:
1. Rules, regulations, official reports, decisions, and orders of the Commissioner and of any regulatory agency of this State;
2. The contents of decisions, orders, standards or records of the Commissioner;
3. Matters of common knowledge and established technical or scientific facts; and
4. Official documents, if pertinent, when properly introduced into the record of formal proceedings by reference if:
(a) Proper and definite reference to the documents was made by the party offering them; and
(b) The documents are published and generally circulated so that the parties in interest are given an opportunity to examine the documents and present rebuttal evidence.
Nevada Administrative Code › Chapter 607 - Labor Commissioner › ADMINISTRATIVE PROCEEDINGS › Hearings › Section 607.510 - Record; transcripts

Current through June 11, 2024
The Commissioner will work with the parties to facilitate a
				  record to be made of all formal hearings.
Labor Comm'r Practice Rules § 7.16, eff. 3-30-75-NAC A by R134-03, 12-4-2003;	A by
				  R019-18A,
				  eff. 12/18/2019
NRS 233B.050,
				  607.160
Nevada Administrative Code › Chapter 607 - Labor Commissioner › ADMINISTRATIVE PROCEEDINGS › Hearings › Section 607.520 - Submission of matter for decision

Current through June 11, 2024
Unless otherwise ordered, a proceeding stands submitted for decision by the Commissioner after the taking of evidence, the filing of briefs or the presentation of oral argument required by the Commissioner.
Labor Comm'r Practice Rules § 8.1, eff. 3-30-75-NAC A by R134-03, 12-4-2003
NRS 233B.050, 607.160, 607.207, 607.215
Nevada Administrative Code › Chapter 607 - Labor Commissioner › ADMINISTRATIVE PROCEEDINGS › Hearings › Section 607.525 - Entry of decision after hearing on determination

Current through June 11, 2024
After holding a hearing on a determination issued by the Commissioner, the Commissioner will enter a decision in accordance with NRS 607.215.
Added to NAC by Labor Comm'r by R134-03, eff. 12-4-2003
NRS 233B.050, 607.160, 607.207, 607.215
Nevada Administrative Code › Chapter 607 - Labor Commissioner › ADMINISTRATIVE PROCEEDINGS › Miscellaneous Proceedings › Section 607.650 - Advisory opinion: Request for issuance; action by Commissioner

Current through June 11, 2024
1. Except as otherwise provided in subsection 3, a person may request that the Commissioner issue an advisory opinion concerning the applicability of a statute, regulation or decision of the Commissioner.
2. A request for an advisory opinion must be in writing and set forth:
(a) The name and address of the person requesting the advisory opinion;
(b) A clear and concise statement of the specific question for which the advisory opinion is being sought; and
(c) A statement of the facts that support the advisory opinion being sought.
Nevada Administrative Code › Chapter 607 - Labor Commissioner › ADMINISTRATIVE PROCEEDINGS › Miscellaneous Proceedings › Section 607.660 - Advisory opinion: Oral response to request

Current through June 11, 2024
The Commissioner will not render an oral advisory opinion to a request for an advisory opinion. An oral response, including, without limitation, a response given over the telephone, by a member of the staff of the Commissioner is not a decision or an official advisory opinion of the Commissioner.
Added to NAC by Labor Comm'r by R134-03, eff. 12-4-2003
NRS 233B.120, 607.160
Nevada Administrative Code › Chapter 607 - Labor Commissioner › ADMINISTRATIVE PROCEEDINGS › Miscellaneous Proceedings › Section 607.670 - Petition for declaratory order: Filing; contents; action by Commissioner

Current through June 11, 2024
1.  Except as otherwise provided in subsection 3, a person may
				  file a petition with the Commissioner requesting that the Commissioner issue a
				  declaratory order concerning the applicability of a statute, regulation or
				  decision of the Commissioner.
2.  A petition for a declaratory order must include:
(a)  The name and address of the petitioner;
(b)  The reason for requesting the declaratory order;
(c)  A statement of the facts that support the petition for a
				  declaratory order; and
(d)  A clear and concise statement of the question or matter
				  to be decided by the Commissioner.
Nevada Administrative Code › Chapter 607 - Labor Commissioner › ADMINISTRATIVE PROCEEDINGS › Miscellaneous Proceedings › Section 607.680 - Petition for adoption, filing, amendment or repeal of regulation: Filing; contents; action by Commissioner

Current through June 11, 2024
1.  Any person who wishes to petition for the adoption,
				  filing, amendment or repeal of a regulation of the Commissioner must file with
				  the Commissioner the original and two legible copies of the petition.
2.  A petition for the adoption, filing, amendment or repeal
				  of a regulation must include:
(a)  The name and address of the petitioner;
(b)  A clear and concise statement, including, if applicable,
				  the proposed language, of the regulation to be adopted, filed, amended or
				  repealed;
(c)  The reason for petitioning for the adoption, filing,
				  amendment or repeal of the regulation; and
(d)  The statutory authority for the adoption, filing,
				  amendment or repeal of the regulation.
Nevada Administrative Code › Chapter 608 - Compensation, Wages and Hours › PAYMENT AND COLLECTION OF WAGES › Section 608.050 - Definitions

Current through June 11, 2024
As used in NAC to 608.160, inclusive, unless the context otherwise requires, the words and terms defined in NAC 608.055 to 608.080, inclusive, have the meanings ascribed to them in those sections.
Added to NAC by Labor Comm'r by R115-04, eff. 8-25-2004; A by R055-07, 10-31-2007
NRS 607.160
Nevada Administrative Code › Chapter 608 - Compensation, Wages and Hours › PAYMENT AND COLLECTION OF WAGES › Section 608.060 - "Day" defined

Current through June 11, 2024
"Day" means a calendar day, including any portion of a calendar day, unless otherwise specified by an applicable statute or regulation.
Added to NAC by Labor Comm'r by R115-04, eff. 8-25-2004
NRS 607.160
Nevada Administrative Code › Chapter 608 - Compensation, Wages and Hours › PAYMENT AND COLLECTION OF WAGES › Section 608.065 - "Employee" defined

Current through June 11, 2024
"Employee" has the meaning ascribed to it in NRS NRS 608.010.
Added to NAC by Labor Comm'r by R115-04, eff. 8-25-2004
NRS 607.160
Nevada Administrative Code › Chapter 608 - Compensation, Wages and Hours › PAYMENT AND COLLECTION OF WAGES › Section 608.070 - "Employer" defined

Current through June 11, 2024
"Employer" has the meaning ascribed to it in NRS NRS 608.011.
Added to NAC by Labor Comm'r by R115-04, eff. 8-25-2004
NRS 607.160
Nevada Administrative Code › Chapter 608 - Compensation, Wages and Hours › PAYMENT AND COLLECTION OF WAGES › Section 608.075 - "Piece rate" defined

Current through June 11, 2024
"Piece rate" means a wage rate based on a unit of production. The term does not include a wage rate based on a unit of time or a wage rate based on commission.
Added to NAC by Labor Comm'r by R115-04, eff. 8-25-2004
NRS 607.160
Nevada Administrative Code › Chapter 608 - Compensation, Wages and Hours › PAYMENT AND COLLECTION OF WAGES › Section 608.080 - "Salary" defined

Current through June 11, 2024
"Salary" means a wage rate based on a fixed dollar amount for a period of time other than an hour.
Added to NAC by Labor Comm'r by R115-04, eff. 8-25-2004
NRS 607.160
Nevada Administrative Code › Chapter 608 - Compensation, Wages and Hours › PAYMENT AND COLLECTION OF WAGES › Section 608.090 - "Uniform" interpreted

Current through June 11, 2024
As used in NRS 608.165, the Commissioner interprets "uniform" to mean distinctive clothing which an employee of a business is required to wear and which serves as a clear means of identifying the employee with the business.
Added to NAC by Labor Comm'r by R115-04, eff. 8-25-2004
NRS 607.160, 608.165
Nevada Administrative Code › Chapter 608 - Compensation, Wages and Hours › PAYMENT AND COLLECTION OF WAGES › Section 608.100 - Minimum wage: Applicability; rates; annual adjustments

Current through June 11, 2024
1. Except as otherwise provided in subsections 2 and 3, the minimum wage for an employee in the State of Nevada is the same whether the employee is a full-time, permanent, part-time, probationary or temporary employee, and:
(a) If an employee is offered qualified health insurance, is $5.15 per hour; or
(b) If an employee is not offered qualified health insurance, is $6.15 per hour.
Nevada Administrative Code › Chapter 608 - Compensation, Wages and Hours › PAYMENT AND COLLECTION OF WAGES › Section 608.102 - Minimum wage: Qualification to pay lower rate to employee offered health insurance

Current through June 11, 2024
To qualify to pay an employee the minimum wage set forth in paragraph (a) of subsection 1 of NAC 608.100, an employer must meet each of the following requirements:
1. The employer must offer a health insurance plan which:
(a) Covers those categories of health care expenses that are generally deductible by an employee on his individual federal income tax return pursuant to 26 U.S.C. §
										213 and any federal regulations relating thereto, if such expenses had been borne directly by the employee; or
(b) Provides health benefits pursuant to a Taft-Hartley trust which:
(1) Is formed pursuant to 29 U.S.C. §
											186(c)(5); and
(2) Qualifies as an employee welfare benefit plan:
(I) Under the guidelines of the Internal Revenue Service; or
(II) Pursuant to the Employee Retirement Income Security Act of 1974, 29 U.S.C. §
												1001 et seq.
Nevada Administrative Code › Chapter 608 - Compensation, Wages and Hours › PAYMENT AND COLLECTION OF WAGES › Section 608.104 - Minimum wage: Determination of whether employee share of premium of qualified health insurance exceeds 10 percent of gross taxable income

Current through June 11, 2024
1. To determine whether the share of the cost of the premium of the qualified health insurance paid by the employee does not exceed 10 percent of the gross taxable income of the employee attributable to the employer, an employer may:
(a) For an employee for whom the employer has issued a Form W-2 for the immediately preceding year, divide the gross taxable income of the employee paid by the employer into the projected share of the premiums to be paid by the employee for the health insurance plan for the current year;
(b) For an employee for whom the employer has not issued a Form W-2, but for whom the employer has payroll information for the four previous quarters, divide the combined total of gross taxable income normally calculated from the payroll information from the four previous quarters into the projected share of the premiums to be paid by the employee for qualified health insurance for the current year;
(c) For an employee for whom there is less than 1 aggregate year of payroll information:
(1) Determine the combined total gross taxable income normally calculated from the total payroll information available for the employee and divide that number by the number of weeks the total payroll information represents;
(2) Multiply the amount determined pursuant to subparagraph (1) by 52; and
(3) Divide the amount calculated pursuant to subparagraph (2) into the projected share of the premiums to be paid by the employee for qualified health insurance for the current year; and
(d) For a new employee, promoted employee or an employee who turns 18 years of age during employment, use the payroll information for the first two normal payroll periods completed by the employee and calculate the gross taxable income using the formula set forth in paragraph (c).
Nevada Administrative Code › Chapter 608 - Compensation, Wages and Hours › PAYMENT AND COLLECTION OF WAGES › Section 608.106 - Minimum wage: Declination by employee of coverage under health insurance plan

Current through June 11, 2024
If an employee declines coverage under a health insurance plan that meets the requirements of NAC 608.102 and which is offered by the employer, the employer must maintain documentation that the employee has declined coverage. Declining coverage may not be a term or condition of employment.
Added to NAC by Labor Comm'r by R055-07, eff. 10-31-2007
Nev. Const. Art. 15, § 16; NRS 607.160, 608.250
Nevada Administrative Code › Chapter 608 - Compensation, Wages and Hours › PAYMENT AND COLLECTION OF WAGES › Section 608.108 - Minimum wage: Requirements for payment at higher rate; modification of term of waiting period

Current through June 11, 2024
If an employer does not offer a health insurance plan, or the health insurance plan is not available or is not provided within 6 months of employment, the employee must be paid at least the minimum wage set forth in paragraph (b) of subsection 1 of NAC 608.100 until such time as the employee becomes eligible for and is offered coverage under a health insurance plan that meets the requirements of NAC 608.102 or until such a health insurance plan becomes effective. The term of the waiting period may be modified in a bona fide collective bargaining agreement if the modification is explicitly set forth in such agreement in clear and unambiguous terms.
Added to NAC by Labor Comm'r by R055-07, eff. 10-31-2007
Nev. Const. Art. 15, § 16; NRS 607.160, 608.250
Nevada Administrative Code › Chapter 608 - Compensation, Wages and Hours › PAYMENT AND COLLECTION OF WAGES › Section 608.115 - Payment for time worked

Current through June 11, 2024
1. An employer shall pay an employee for all time worked by the employee at the direction of the employer, including time worked by the employee that is outside the scheduled hours of work of the employee.
2. If an employer pays an employee by salary, piece rate or any other wage rate except for a wage rate based on an hour of time, the employer shall pay an amount that is at least equal to the minimum wage when the amount paid to an employee in a pay period is divided by the number of hours worked by the employee during the pay period. This subsection does not apply to an employee who is exempt from the minimum wage requirement pursuant to NRS 608.250.
3. For the purpose of a claim for wages, holidays, vacation days, sick days and any other days that an employee did not actually work are not counted as time worked by the employee.
Added to NAC by Labor Comm'r by R115-04, eff. 8-25-2004
NRS 607.160, 608.016, 608.250
Nevada Administrative Code › Chapter 608 - Compensation, Wages and Hours › PAYMENT AND COLLECTION OF WAGES › Section 608.120 - Payment of commissions

Current through June 11, 2024
1. If an employer and an employee agree that the employee is to be paid by commission based upon a sale, the employer shall pay each commission to the employee when the commission becomes payable pursuant to the agreement.
2. If the agreement described in subsection 1 is not in writing, the terms and conditions of the agreement may be determined by the facts and circumstances related to the course of dealing between the employer and the employee.
3. All commissions that an employer pays to an employee during a pay period may be used to meet the minimum wage requirement described in subsection 3 of NAC 608.115.
Added to NAC by Labor Comm'r by R115-04, eff. 8-25-2004
NRS 607.160, 608.250
Nevada Administrative Code › Chapter 608 - Compensation, Wages and Hours › PAYMENT AND COLLECTION OF WAGES › Section 608.123 - Compensation for overtime: Payment based upon requirements for minimum wage

Current through June 11, 2024
For purposes of complying with the daily overtime provisions of subsection 1 of NRS 608.018, an employer shall pay overtime based upon the minimum wage which must be paid pursuant to the provisions of NAC 608.100 to 608.108, inclusive.
Added to NAC by Labor Comm'r by R055-07, eff. 10-31-2007
Nev. Const. Art. 15, § 16; NRS 607.160, 608.018, 608.250
Nevada Administrative Code › Chapter 608 - Compensation, Wages and Hours › PAYMENT AND COLLECTION OF WAGES › Section 608.125 - Compensation for overtime: Miscellaneous requirements

Current through June 11, 2024
1. An employer shall not substitute compensatory time in place of a wage payment for overtime that was worked by an employee.
2. If an employee is paid by salary, piece rate or any other wage rate except for a wage rate based on an hour of time, the rate of compensation for the purposes of paragraph (b) of subsection 2 of NRS 608.018 is determined by dividing the amount paid to an employee in a week by the number of hours worked by the employee during the week.
3. The Commissioner will refer to 29 C.F.R. §§
									541.1 and 541.2 to determine if an employee is employed in a bona fide executive or administrative capacity for the purposes of paragraph (d) of subsection 3 of NRS 608.018.
Added to NAC by Labor Comm'r by R115-04, eff. 8-25-2004
NRS 607.160, 608.018
Nevada Administrative Code › Chapter 608 - Compensation, Wages and Hours › PAYMENT AND COLLECTION OF WAGES › Section 608.130 - Payment for travel and training

Current through June 11, 2024
1. An employer shall pay an employee at a rate that is not less than minimum wage for any travel or training that is considered to be time worked by the employee pursuant to subsections 2 and 3.
2. Travel by an employee:
(a) Is considered to be time worked by the employee:
(1) If the travel is between different work sites during a workday; or
(2) If the employee is providing transportation for another employee on behalf of an employer who offers transportation for the convenience of his employees.
Nevada Administrative Code › Chapter 608 - Compensation, Wages and Hours › PAYMENT AND COLLECTION OF WAGES › Section 608.135 - Notice of regular paydays and place of payment; electronic payment

Current through June 11, 2024
1. In addition to the information required pursuant to NRS 608.080, the notice described in NRS 608.080 may include:
(a) Alternative paydays for use if a regular payday occurs on a nonbusiness day, including a Saturday, Sunday or holiday;
(b) Acceptable alternatives to the method of payment if an employee is not available for payment;
(c) Procedures for releasing payment to a third party; and
(d) Any other provision that the employer deems to be relevant if the provision does not violate any law or regulation of this State.
Nevada Administrative Code › Chapter 608 - Compensation, Wages and Hours › PAYMENT AND COLLECTION OF WAGES › Section 608.140 - Provision of records of wages to employee

Current through June 11, 2024
Within 10 days after a request by an employee, an employer shall provide the records of wages required to be kept by the employer pursuant to NRS 608.115 to the employee, including, but not limited to, an employee that is paid by salary, piece rate or any other wage rate.
Added to NAC by Labor Comm'r by R115-04, eff. 8-25-2004
NRS 607.160, 608.115
Nevada Administrative Code › Chapter 608 - Compensation, Wages and Hours › PAYMENT AND COLLECTION OF WAGES › Section 608.145 - Periods for rest and meals

Current through June 11, 2024
1. Unless an employee is exempt pursuant to NRS 608.019, an employee that works at least 3 1/2 continuous hours is permitted:
(a) One 10-minute rest period if the employee works at least 3 1/2 continuous hours and less than 7 continuous hours;
(b) Two 10-minute rest periods if the employee works at least 7 continuous hours and less than 11 continuous hours;
(c) Three 10-minute rest periods if the employee works at least 11 continuous hours and less than 15 continuous hours; or
(d) Four 10-minute rest periods if the employee works at least 15 continuous hours and less than 19 continuous hours.
Nevada Administrative Code › Chapter 608 - Compensation, Wages and Hours › PAYMENT AND COLLECTION OF WAGES › Section 608.150 - Investigations to determine liability for violations

Current through June 11, 2024
1. In determining the person to be held liable for a violation of this chapter or chapter 608 of NRS, the Commissioner may investigate the conduct of the business enterprise and the extent of custody or control exercised by a person over the place of employment or any employee.
2. The investigation of the conduct of the business enterprise may include, but is not limited to:
(a) Whether the person had the power to hire or fire employees;
(b) Whether the person supervised or had control over the schedule of work of employees or the conditions of employment of employees;
(c) Whether the person determined or had control over the method or rate of payment of employees;
(d) Whether the person maintained the records of employment; and
(e) If more than a single business is involved in the business enterprise, whether the person had control of the businesses or operated the businesses for a common purpose.
Nevada Administrative Code › Chapter 608 - Compensation, Wages and Hours › PAYMENT AND COLLECTION OF WAGES › Section 608.155 - Claims for wages unpaid when due

Current through June 11, 2024
1. Before an employee may file a claim for wages unpaid when due, the employee shall make a good faith attempt to collect any wages due the employee from an employer at the normal place and in the normal method that payment is made to employees of the employer.
2. An independent contractor may not file a claim for wages unpaid when due.
3. In a claim for wages unpaid when due, the following presumptions will apply, if applicable, unless the Commissioner receives evidence that he deems to be sufficient to rebut the presumption:
(a) An employee who has been placed on an indefinite suspension by an employer will be presumed to have been discharged by the employer;
(b) An employee who has not been paid by an employer will be presumed to have been discharged by the employer; and
(c) An employee who fails to report to work will be presumed to have abandoned his job.
Nevada Administrative Code › Chapter 608 - Compensation, Wages and Hours › PAYMENT AND COLLECTION OF WAGES › Section 608.160 - Withholding of amounts from wages due

Current through June 11, 2024
1. Without the written authorization of an employee, an employer may withhold from the wages due the employee:
(a) Any amount required by law; and
(b) Any employee contribution to a benefit program, such as health insurance or a pension plan, as permitted pursuant to NRS 608.110.
Nevada Administrative Code › Chapter 608 - Compensation, Wages and Hours › EMPLOYMENT OF WORKERS WITH DISABILITIES AT SPECIAL MINIMUM WAGE › Section 608.200 - Definitions

Current through June 11, 2024
As used in NAC to 608.370, inclusive, unless the context otherwise requires, the words and terms defined in NAC 608.205 to 608.257, inclusive, have the meanings ascribed to them in those sections.
Added to NAC by Dep't of Human Resources, eff. 2-14-89
NRS 232.320, 608.250
Nevada Administrative Code › Chapter 608 - Compensation, Wages and Hours › EMPLOYMENT OF WORKERS WITH DISABILITIES AT SPECIAL MINIMUM WAGE › Section 608.205 - "Administrator" defined

Current through June 11, 2024
"Administrator" means the Administrator of the Division or his designee.
Added to NAC by Dep't of Human Resources, eff. 2-14-89
NRS 232.320, 608.250
Nevada Administrative Code › Chapter 608 - Compensation, Wages and Hours › EMPLOYMENT OF WORKERS WITH DISABILITIES AT SPECIAL MINIMUM WAGE › Section 608.210 - "Certificate" defined

Current through June 11, 2024
"Certificate" means the certificate required pursuant to paragraph (f) of subsection 2 of NRS 608.250 for the employment of a worker with a disability at a special minimum wage.
Added to NAC by Dep't of Human Resources, eff. 2-14-89
NRS 232.320, 608.250
Nevada Administrative Code › Chapter 608 - Compensation, Wages and Hours › EMPLOYMENT OF WORKERS WITH DISABILITIES AT SPECIAL MINIMUM WAGE › Section 608.215 - "Division" defined

Current through June 11, 2024
"Division" means the Rehabilitation Division of the Department of Employment, Training and Rehabilitation.
Added to NAC by Dep't of Human Resources, eff. 2-14-89
NRS 232.320, 608.250
Nevada Administrative Code › Chapter 608 - Compensation, Wages and Hours › EMPLOYMENT OF WORKERS WITH DISABILITIES AT SPECIAL MINIMUM WAGE › Section 608.220 - "Experienced nondisabled worker" defined

Current through June 11, 2024
"Experienced nondisabled worker" means a nondisabled worker who is proficient in the performance of his job and is not receiving an entry level wage.
Added to NAC by Dep't of Human Resources, eff. 2-14-89
NRS 232.320, 608.250
Nevada Administrative Code › Chapter 608 - Compensation, Wages and Hours › EMPLOYMENT OF WORKERS WITH DISABILITIES AT SPECIAL MINIMUM WAGE › Section 608.230 - "Institution" defined

Current through June 11, 2024
"Institution" means any public, private, nonprofit or profit facility which derives more than 50 percent of its income by providing residential care for the sick or elderly or persons with mental illness or disabilities. The term includes any nursing home, facility for intermediate care, rest home, convalescent home, home for the elderly and infirm, halfway house, residential center for drug addicts or alcoholics, or any other similar facility, whether licensed or not.
Added to NAC by Dep't of Human Resources, eff. 2-14-89
NRS 232.320, 608.250
Nevada Administrative Code › Chapter 608 - Compensation, Wages and Hours › EMPLOYMENT OF WORKERS WITH DISABILITIES AT SPECIAL MINIMUM WAGE › Section 608.235 - "Locality" defined

Current through June 11, 2024
"Locality" means the geographic area from which the labor force of the community is drawn.
Added to NAC by Dep't of Human Resources, eff. 2-14-89
NRS 232.320, 608.250
Nevada Administrative Code › Chapter 608 - Compensation, Wages and Hours › EMPLOYMENT OF WORKERS WITH DISABILITIES AT SPECIAL MINIMUM WAGE › Section 608.240 - "Nondisabled worker" defined

Current through June 11, 2024
"Nondisabled worker" means a person whose productive capacity for the work to be performed is not impaired by any physical or mental disability or, if impaired, is not impaired to the extent that he is unable to earn at least the minimum wage prescribed for him by NAC 608.100.
Added to NAC by Dep't of Human Resources, eff. 2-14-89; A by Labor Comm'r by R055-07, 10-31-2007
NRS 232.320, 607.160, 608.250
Nevada Administrative Code › Chapter 608 - Compensation, Wages and Hours › EMPLOYMENT OF WORKERS WITH DISABILITIES AT SPECIAL MINIMUM WAGE › Section 608.245 - "Patient worker" defined

Current through June 11, 2024
"Patient worker" means a worker with a disability who is employed by an institution at which he receives treatment or care, whether or not he is a resident of the institution.
Added to NAC by Dep't of Human Resources, eff. 2-14-89
NRS 232.320, 608.250
Nevada Administrative Code › Chapter 608 - Compensation, Wages and Hours › EMPLOYMENT OF WORKERS WITH DISABILITIES AT SPECIAL MINIMUM WAGE › Section 608.250 - "Special minimum wage" defined

Current through June 11, 2024
"Special minimum wage" means the wage paid to a worker with a disability, pursuant to a certificate issued by the Division, which is less than the minimum wage otherwise prescribed for that worker by NAC 608.100.
Added to NAC by Dep't of Human Resources, eff. 2-14-89; A by Labor Comm'r by R055-07, 10-31-2007
NRS 232.320, 607.160, 608.250
Nevada Administrative Code › Chapter 608 - Compensation, Wages and Hours › EMPLOYMENT OF WORKERS WITH DISABILITIES AT SPECIAL MINIMUM WAGE › Section 608.255 - "Wage and Hour Division" defined

Current through June 11, 2024
"Wage and Hour Division" means the Wage and Hour Division of the United States Department of Labor.
Added to NAC by Dep't of Human Resources, eff. 2-14-89
NRS 232.320, 608.250