A.B. 390
- *AB390*
ASSEMBLY BILL NO. 390–ASSEMBLYMEMBERS
GONZÁLEZ; D’SILVA AND JACKSON
MARCH 11, 2025
____________
Referred to Committee on Commerce and Labor
SUMMARY—Enacts provisions relating to task workers.
(BDR 53-547)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: Yes.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to labor; authorizing collective bargaining
between task workers and task delivery platform
providers; setting forth procedures and requirements
governing such collective bargaining; requiring a task
delivery platform provider to provide certain information
to users and task workers; requiring a task delivery
platform provider to ensure that a task worker is paid an
amount not less than the minimum wage for each hour
worked performing tasks; setting forth certain
requirements and restrictions for contracts between a task
delivery platform provider and a task worker; renaming
and expanding the duties of the Government Employee-
Management Relations Board; providing a penalty; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
This bill enacts provisions relating to task workers. Section 11 of this bill 1
defines “task worker” to mean a natural person who has entered into a contract with 2
a task delivery platform provider to receive connections to users in need of the 3
performance of a specific task through the task delivery platform of the provider. 4
Section 9 of this bill defines “task delivery platform” to mean an Internet website, 5
online service or mobile application that: (1) connects users in need of the 6
performance of a specific task to a task worker who can perform the task; and (2) 7
uses algorithms or automated systems for certain purposes. Section 10 of this bill 8
defines “task delivery platform provider” or “provider” to mean a person who 9
operates a task delivery platform. 10
Sections 13-35 of this bill authorize collective bargaining between task 11
workers, through a task worker organization certified as an exclusive bargaining 12
– 2 –
- *AB390*
representative, and providers, and set forth procedures and requirements governing 13
such collective bargaining. Section 14 provides that task workers have the right to: 14
(1) organize, form, join or assist task worker organizations, engage in collective 15
bargaining through exclusive bargaining representatives and engage in other 16
concerted activities; and (2) refrain from engaging in such activities. 17
Existing law creates the Government Employee-Management Relations Board 18
and sets forth the powers and duties of the Board concerning collective bargaining 19
between public employees and public employers. (Chapter 288 of NRS) Sections 20
13-35, 43-47, 49 and 50 of this bill expand the powers and duties of the Board to 21
include various powers and duties relating to collective bargaining between task 22
workers and providers. Sections 41, 48 and 49 of this bill change the name of the 23
Board to the Labor Relations Board to conform to this change in powers and duties. 24
Section 15 sets forth certain prohibited practices for task delivery platform 25
providers and task worker organizations, including, among others, the refusal to 26
collectively bargain in good faith concerning the compensation, hours, procedures 27
for the adjustment of grievances and other terms and conditions of work. Section 28
16 sets forth procedures for the Board to hear and decide complaints alleging that a 29
party committed such a prohibited practice. 30
Section 17 requires each provider to submit certain quarterly reports to the 31
Board concerning the task workers with whom the provider has contracted. Section 32
17 additionally requires the Board to maintain a list of each active task worker 33
based on the information provided in such reports. 34
Section 18 requires the Board to establish by regulation industry-wide 35
bargaining units consisting of groups of task workers who have a sufficient 36
community of interest appropriate for representation by a task worker organization 37
for the purpose of collective bargaining. 38
Section 19 sets forth procedures by which a task worker organization may be 39
designated as a recognized bargaining representative of a bargaining unit by the 40
Board. Sections 20 and 21 set forth procedures by which a task worker 41
organization may be certified as the exclusive bargaining representative for a 42
bargaining unit. Section 23 provides that a task worker organization that has been 43
certified as an exclusive bargaining representative remains the exclusive bargaining 44
representative until replaced or decertified in accordance with the procedures set 45
forth in sections 23 and 29. Section 22 sets forth procedures for the conduct of 46
certain elections ordered by the Board relating to the representation of task workers. 47
Section 24 grants an exclusive bargaining representative the exclusive right to 48
engage in collective bargaining with providers who have contracted with task 49
workers within the bargaining unit represented by the exclusive bargaining 50
representative. 51
Section 25 establishes procedures for the deduction from the compensation due 52
to a task worker of amounts for membership dues in a task worker organization. 53
Sections 26-31 set forth procedures and requirements governing the collective 54
bargaining process to reach a recommended agreement between an exclusive 55
bargaining representative of a bargaining unit and the providers who have 56
contracted with task workers within the bargaining unit, including procedures for 57
mediation and arbitration. 58
Section 32 provides that any recommended agreement reached by the parties or 59
the decision of an arbitrator does not become effective until approved by the Labor 60
Commissioner. Section 32 authorizes the Labor Commissioner to approve, with or 61
without modification, or reject any recommended agreement or decision of an 62
arbitrator. If the Labor Commissioner approves an agreement or decision, section 63
32 requires the Labor Commissioner to establish effective and expiration dates for 64
the agreement or decision. Section 33 provides that such an agreement does not 65
preempt or supersede any statute or regulation setting forth labor standards that 66
provide greater benefits or protections to a task worker. 67
– 3 –
- *AB390*
Section 34 provides for judicial review of certain determinations and decisions 68
of the Board and Labor Commissioner made pursuant to sections 13-35. Section 35 69
authorizes the Board and the Labor Commissioner to adopt certain regulations. 70
The Nevada Unfair Trade Practice Act sets forth various activities that 71
constitute a contract, combination or conspiracy in restraint of trade and authorizes 72
the Attorney General to investigate and take certain actions against persons who 73
engage in such activities, which may include, without limitation, criminal 74
prosecution and the imposition of civil penalties. (Chapter 598A of NRS) Under the 75
state action immunity doctrine, private parties engaged in activities that would 76
otherwise violate federal antitrust laws may be immune from such laws if the 77
activity is undertaken pursuant to a “clearly articulated and affirmatively expressed 78
. . . state policy” and the policy is “actively supervised by the State itself.” 79
(California Retail Liquor Dealers Ass’n v. Midcal Aluminum, Inc., 445 U.S. 97, 80
105 (1980)(internal quotation marks omitted)) Section 13 expresses the intention of 81
the Legislature to exempt activities authorized pursuant to sections 13-35 that may 82
otherwise be constrained by State antitrust laws from such laws and to provide 83
immunity for such activities from federal antitrust laws through the state action 84
immunity doctrine. Section 51 of this bill exempts activities authorized by sections 85
13-35 from the provisions of the Nevada Unfair Trade Practice Act. 86
Section 36 of this bill requires a task delivery platform provider to: (1) make 87
certain disclosures to users of the task delivery platform of the provider; and (2) 88
provide a task worker with whom the provider has contracted regular reports 89
concerning the compensation of the task worker. 90
Existing law requires an employer to pay an employee a wage of not less than a 91
certain minimum wage for each hour the employee works. (Nev. Const. Art. 15, § 92
16; NRS 608.250) Existing law requires the Labor Commissioner to administer and 93
enforce the provisions of existing law governing the minimum wage and makes it a 94
misdemeanor for a person to violate those provisions. (NRS 608.270, 608.290) 95
Existing law authorizes an employee who has been paid by an employer a lesser 96
amount than the minimum wage to bring a civil action against the employer. (NRS 97
608.260) Sections 37, 39 and 40 of this bill: (1) require a task delivery platform 98
provider to ensure that a task worker with whom the provider has contracted is paid 99
for each hour the task worker works in performing tasks through the task delivery 100
platform of the provider an amount that is not less than the minimum wage; (2) 101
authorizes a task worker to bring a civil action against a provider who violates that 102
requirement; (3) provides for the administration and enforcement of that 103
requirement by the Labor Commissioner; and (4) makes it a misdemeanor to violate 104
that requirement. 105
Section 38 of this bill sets forth certain requirements and restrictions for 106
contracts between a task worker and a task delivery platform provider. 107
Sections 3-12 of this bill define words and terms relating to task workers. 108
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Title 53 of NRS is hereby amended by adding 1
thereto a new chapter to consist of the provisions set forth as 2
sections 2 to 38, inclusive, of this act. 3
Sec. 2. As used in this chapter, unless the context otherwise 4
requires, the words and terms defined in sections 3 to 12, 5
inclusive, of this act have the meanings ascribed to them in those 6
sections. 7
– 4 –
- *AB390*
Sec. 3. “Active task worker” means a task worker designated 1
by the Board as an active task worker who appears on the most 2
recent list of active task workers maintained by the Board 3
pursuant to section 17 of this act. 4
Sec. 4. “Bargaining unit” means a group of task workers 5
that the Board has established as a bargaining unit pursuant to 6
section 18 of this act. 7
Sec. 5. “Board” means the Labor Relations Board created by 8
NRS 288.080. 9
Sec. 6. 1. “Company union” means any committee, 10
employee representation plan, association of workers or other 11
organization having as one of its purposes the improvement of the 12
terms and conditions of work for task workers or the adjustment of 13
grievances of task workers with task delivery platform providers: 14
(a) That a provider has initiated or created or whose initiation 15
or creation was suggested or participated in by a provider; 16
(b) Whose governing rules, management, operations or 17
elections a provider has participated in; or 18
(c) That is controlled, dominated, maintained or financed, in 19
whole or in part, by a provider. 20
2. The term does not include a task worker organization that: 21
(a) Has negotiated or otherwise been granted the right to 22
designate task workers to be released with pay by a provider for 23
the purpose of providing representational services on behalf of 24
task workers represented by the task worker organization; or 25
(b) Is authorized by a provider to meet with task workers at the 26
premises of the provider in the course of providing 27
representational services on behalf of task workers represented by 28
the task worker organization. 29
Sec. 7. “Exclusive bargaining representative” means a task 30
worker organization that has been certified as the exclusive 31
bargaining representative of a bargaining unit pursuant to section 32
20 or 22 of this act. 33
Sec. 8. “Task” means a short-term job, project, assignment 34
or other piece of work: 35
1. That is performed by a task worker on-demand at the 36
request of a user through a task delivery platform; and 37
2. For which the task worker receives compensation through 38
the task delivery platform. 39
Sec. 9. “Task delivery platform” means an Internet website, 40
online service or mobile application that: 41
1. Connects users in need of the performance of a specific 42
task to a task worker who can perform the task; and 43
2. Uses algorithms or automated systems to: 44
(a) Connect users with task workers; 45
– 5 –
- *AB390*
(b) Determine the rate of pay for a task worker for the 1
performance of a specific task through the platform; and 2
(c) Evaluate the performance of a task worker. 3
Sec. 10. “Task delivery platform provider” or “provider” 4
means a person who operates a task delivery platform. 5
Sec. 11. “Task worker” means a natural person who has 6
entered into a contract with a task delivery platform provider to 7
receive connections to users in need of the performance of a 8
specific task through the task delivery platform of the provider. 9
The term does not include a person who is an employee, as defined 10
in 29 U.S.C. § 152(3). 11
Sec. 12. “Task worker organization” means an organization 12
of any kind, other than a company union, having as one of its 13
purposes the improvement of the terms and conditions of work for 14
task workers or the adjustment of grievances of task workers with 15
task delivery platform providers. 16
Sec. 13. The Legislature hereby finds and declares that: 17
1. Task workers have become a prevalent and important part 18
of the economy of this State. 19
2. Task workers often suffer from inadequate pay and 20
benefits, as well as irregular or inadequate working hours. 21
3. It is in the best interest of the State to provide task workers 22
the opportunity to self-organize, designate representatives of their 23
own choosing and to bargain collectively to obtain sustainable 24
compensation, benefits and working conditions, subject to the 25
approval and ongoing supervision of the State. 26
4. It is the policy of this State to exempt activities authorized 27
pursuant to sections 13 to 35, inclusive, of this act, including, 28
without limitation, the formation of task worker organizations and 29
industry associations for the purpose of collective bargaining 30
between task workers and task delivery platform providers on an 31
industry-wide basis, that might otherwise be constrained by State 32
antitrust laws from such laws and to provide immunity for such 33
activities from federal antitrust laws through the state action 34
immunity doctrine. 35
Sec. 14. 1. Task workers have the right to: 36
(a) Organize, form, join or assist task worker organizations, 37
engage in collective bargaining through exclusive bargaining 38
representatives and engage in other concerted activities; and 39
(b) Refrain from engaging in such activity. 40
2. Collective bargaining entails a mutual obligation of a task 41
delivery platform provider and an exclusive bargaining 42
representative to meet at reasonable times and to bargain in good 43
faith with respect to compensation, hours, procedures for the 44
adjustment of grievances and other terms and conditions of work 45
– 6 –
- *AB390*
in an attempt to reach a recommended agreement to be submitted 1
to the Labor Commissioner pursuant to section 32 of this act. 2
3. In addition to any other information required pursuant to 3
sections 13 to 35, inclusive, of this act, a task worker shall furnish 4
to an exclusive bargaining representative data that is maintained 5
in the ordinary course of business and which is relevant to the 6
subjects described in subsection 2. This subsection shall not be 7
construed to require a provider to furnish to the exclusive 8
bargaining representative any advice or training received by 9
representatives of the provider concerning collective bargaining. 10
4. Nothing in the provisions of sections 13 to 35, inclusive, of 11
this act prohibit a task worker from conferring with a task delivery 12
platform provider at any time concerning any matter, so long as 13
such a conference does not involve an attempt by the provider to 14
interfere with or restrain the exercise of any right granted by 15
sections 13 to 35, inclusive, of this act. 16
Sec. 15. 1. It is a prohibited practice for a task delivery 17
platform provider to: 18
(a) Fail or refuse to provide the Board, an exclusive 19
bargaining representative or other task worker organization any 20
information required by sections 13 to 35, inclusive, of this act. 21
(b) Refuse to collectively bargain in good faith concerning the 22
subjects described in subsection 2 of section 14 of this act. 23
(c) Engage in a lockout of task workers. 24
(d) Conduct surveillance, directly or through another person, 25
of a task worker or a task worker organization concerning 26
activities of such persons in the exercise of the rights granted by 27
sections 13 to 35, inclusive, of this act. 28
(e) Except as otherwise required or authorized by the 29
provisions of sections 13 to 35, inclusive, of this act or any 30
regulation adopted pursuant thereto, interfere with the formation, 31
existence or administration of any task worker organization, 32
including, without limitation, by: 33
(1) Contributing money or other support to any task worker 34
organization. 35
(2) Participating in, assisting, supervising or controlling; 36
(I) The initiation or creation of any task worker 37
organization; or 38
(II) The meetings, management, operation, elections, 39
formulation or amendment of the constitution, rules or policies of 40
any such organization. 41
(3) Offering incentives to task workers to join any task 42
worker organization. 43
(4) Donating free services, materials, office or meeting 44
space or anything else of value for use by any task worker 45
– 7 –
- *AB390*
organization, except that provisions of this subparagraph do not 1
prohibit a provider from allowing: 2
(I) A task worker to perform work relating to the rights 3
granted by sections 13 to 35, inclusive, of this act during working 4
hours without loss of time or pay; or 5
(II) An agent of an exclusive bargaining representative 6
to meet with task workers in the bargaining unit represented by 7
the representative at the premises of the provider. 8
(f) Require a task worker to join any company union or task 9
worker organization. 10
(g) Require a task worker to refrain from forming, joining or 11
assisting a task worker organization of his or her own choosing. 12
(h) Encourage membership in a company union or discourage 13
membership in a task worker organization by discrimination with 14
respect to the hiring or in any term or condition of work. 15
(i) Discharge or otherwise discriminate against a task worker 16
because the task worker has signed or filed any affidavit, petition 17
or complaint or given any information or testimony pursuant to 18
sections 13 to 35, inclusive, of this act. 19
(j) Distribute or circulate any blacklist of persons exercising 20
any right granted by sections 13 to 35, inclusive, of this act or of 21
the members of a task worker organization, or inform any person 22
of the exercise by any person of such a right or of the membership 23
of any person in a task worker organization for the purpose of 24
preventing persons so blacklisted or so named from obtaining or 25
retaining opportunities for remuneration. 26
(k) Take any other action which interferes with, restrains or 27
coerces task workers in the exercise of any right granted by 28
sections 13 to 35, inclusive, of this act. 29
2. It is a prohibited practice for a task worker organization to: 30
(a) Refuse to collectively bargain in good faith with a task 31
delivery platform provider if the task worker organization is the 32
exclusive bargaining representative for any task workers within 33
the bargaining unit represented by the representative who have 34
contracted with the provider. 35
(b) Refuse to provide the Board or a provider any information 36
required by sections 13 to 35, inclusive, of this act. 37
(c) Restrain or coerce any task worker in the exercise of any 38
right granted by sections 13 to 35, inclusive, of this act. Nothing in 39
this paragraph prohibits a task worker organization from 40
establishing internal rules governing the acquisition and retention 41
of membership in the organization. 42
(d) Fail to fairly represent any task worker who the 43
organization represents as an exclusive bargaining representative 44
– 8 –
- *AB390*
by acts or omissions that are arbitrary, discriminatory or in bad 1
faith. 2
(e) Restrain or coerce a provider in the selection of any 3
representative for the purpose of collective bargaining or the 4
adjustment of grievances. 5
3. As used in this section, “lockout” means the refusal of a 6
provider to allow a task worker normal access to the task delivery 7
platform of the provider because of a dispute with task workers 8
concerning the subjects described in subsection 2 of section 14 of 9
this act. The term does not include the removal of a task worker 10
from the task delivery platform of a provider for any reason other 11
than for the exercise of any right granted by sections 13 to 35, 12
inclusive, of this act. 13
Sec. 16. 1. To establish that a party committed a prohibited 14
practice in violation of section 15 of this act, the party aggrieved 15
by the practice must file a complaint with the Board in accordance 16
with the procedures prescribed by the Board. Except as otherwise 17
provided in subsection 2, the provisions of NRS 288.625 and 18
288.630 apply to a complaint filed pursuant to this section. 19
2. The affirmative relief that the Board may order pursuant 20
to paragraph (b) of subsection 3 of NRS 288.625 or paragraph (b) 21
of subsection 4 of NRS 288.630 concerning a complaint filed 22
pursuant to this section includes, without limitation: 23
(a) The withdrawal of recognition of a task worker 24
organization or decertification of a task worker organization as an 25
exclusive bargaining representative; 26
(b) The awarding of back pay or other restoration of 27
compensation to a task worker, without any reduction based on 28
the interim earnings of the task worker or the failure of the task 29
worker to earn interim earnings, consequential damages and an 30
additional amount as liquidated damages equal to two times the 31
amount of damages awarded; 32
(c) Requiring a provider to restore a task worker to the task 33
delivery platform of the provider; 34
(d) Requiring a provider or task worker organization to 35
provide specified information to a complainant; and 36
(e) Requiring a provider or task worker organization to engage 37
in collective bargaining as required pursuant to sections 13 to 35, 38
inclusive, of this act. 39
Sec. 17. 1. Not later than 14 days after the end of each 40
calendar quarter, each task delivery platform provider shall 41
provide to the Board a report that identifies each task worker who 42
has contracted with the provider and completed five or more tasks 43
in this State through the task delivery platform of the provider in 44
the immediately preceding 6 months. The report must include, 45
– 9 –
- *AB390*
without limitation, the name, phone number, mailing address and 1
electronic mail address of each such task worker. 2
2. The Board shall determine the median amount of tasks 3
completed by task workers for all providers in this State in the 4
immediately preceding 6 months based on the report submitted 5
pursuant to subsection 1. The Board shall designate any task 6
worker who completed more than the median amount of tasks 7
during that period as an active task worker. The Board shall 8
maintain and update after each calendar quarter a list of each 9
active task worker. 10
Sec. 18. The Board shall establish by regulation industry-11
wide bargaining units for task workers consisting of groups of task 12
workers who have a sufficient community of interest appropriate 13
for representation by a task worker organization for the purpose of 14
collective bargaining. 15
Sec. 19. 1. A task worker organization may submit a 16
request to the Board to be designated as a recognized bargaining 17
representative of a bargaining unit. 18
2. A request submitted pursuant to subsection 1 must be 19
accompanied by evidence sufficient to show that at least 5 percent 20
of the active task workers within the bargaining unit have 21
authorized the task worker organization to act as the exclusive 22
bargaining representative of the bargaining unit. Such evidence 23
may include, without limitation, cards, petitions or other evidence 24
determined to be sufficient by the Board. Any such evidence must 25
contain the signature of the task worker, which may be in 26
electronic form, and must have been executed not more than 1 27
year before the date the evidence is submitted to the Board. 28
3. If the Board determines that the task worker organization 29
that submitted a request pursuant to subsection 1 has been 30
authorized by at least 5 percent of the active task workers within a 31
bargaining unit to act as the exclusive bargaining representative 32
of the bargaining unit, the Board shall: 33
(a) Designate the task worker organization as a recognized 34
bargaining representative for the bargaining unit; 35
(b) Order each provider who has contracted with a task worker 36
within the bargaining unit to send a notice, in a form prescribed 37
by the Board, to each such task worker indicating that the task 38
worker organization seeks to represent the task worker; and 39
(c) Provide the task worker organization with a complete list of 40
each active task worker in the bargaining unit that includes, 41
without limitation, the name, phone number, mailing address and 42
electronic mail address for each task worker. For 1 year after the 43
date on which the Board designates the task worker organization 44
as a recognized bargaining representative, the Board shall provide 45
– 10 –
- *AB390*
to the task worker organization an updated list following each 1
calendar quarter. 2
4. For 6 months after the date on which the Board designates 3
the task worker organization as a recognized bargaining 4
representative, the Board shall not certify any task worker 5
organization other than the task worker organization so 6
designated as the exclusive bargaining representative of the 7
bargaining unit without an election ordered by the Board 8
pursuant to section 20 or 21 of this act. 9
Sec. 20. 1. A task worker organization that wishes to be 10
certified as the exclusive bargaining representative of a 11
bargaining unit must submit to the Board a request for 12
certification. 13
2. A request submitted pursuant to subsection 1 must be 14
accompanied by: 15
(a) Evidence of the type described in subsection 2 of section 19 16
of this act sufficient to show that at least 25 percent of the active 17
task workers within the bargaining unit have authorized the task 18
worker organization to serve as the exclusive bargaining 19
representative of the bargaining unit; or 20
(b) Both: 21
(1) Evidence of the type described in subsection 2 of section 22
19 of this act sufficient to show that at least 5 percent of the active 23
task workers within the bargaining unit have authorized the task 24
worker organization to serve as the exclusive bargaining 25
representative of the bargaining unit; and 26
(2) A request to conduct an election among task workers 27
within the bargaining unit. 28
3. Except as otherwise provided in section 19 of this act, if the 29
Board determines that a task worker organization that submitted a 30
request pursuant to paragraph (a) of subsection 2 has been 31
authorized by: 32
(a) At least 25 percent but not more than 50 percent of the 33
active task workers within a bargaining unit to act as the exclusive 34
bargaining representative of the bargaining unit, the Board shall 35
certify the task worker organization as the exclusive bargaining 36
representative of the bargaining unit 7 days after the 37
determination is made, unless, during the 7-day period, the 38
certification is challenged in accordance with section 21 of this 39
act. 40
(b) More than 50 percent of the active task workers within a 41
bargaining unit to act as the exclusive bargaining representative 42
of the bargaining unit, certify the task worker organization as the 43
exclusive bargaining representative of the bargaining unit. 44
– 11 –
- *AB390*
4. If the Board determines that a task worker organization 1
that submitted a request pursuant to paragraph (b) of subsection 2 2
has been authorized by at least 5 percent of the active task workers 3
within a bargaining unit to act as the exclusive bargaining 4
representative of the bargaining unit, the Board shall order an 5
election to be conducted among the active task workers in the 6
bargaining unit. The election must be conducted in accordance 7
with section 22 of this act and any procedures and requirements 8
established by the Board by regulation. 9
Sec. 21. 1. A task worker organization or task delivery 10
platform provider may challenge the certification of a task worker 11
organization described in paragraph (a) of subsection 3 of section 12
20 of this act as the exclusive bargaining representative of a 13
bargaining unit if, during the 7-day period described in paragraph 14
(a) of subsection 3 of section 20 of this act, the task worker 15
organization or provider submits to the Board: 16
(a) For a task worker organization, evidence of the type 17
described in subsection 2 of section 19 of this act sufficient to 18
show that at least 25 percent of the active task workers within the 19
bargaining unit have authorized the task worker organization to 20
serve as the exclusive bargaining representative for the bargaining 21
unit. 22
(b) For a provider, evidence sufficient to show that at least 25 23
percent of the active task workers within the bargaining unit do 24
not wish to be represented by any task worker organization. 25
2. If the Board determines that a task worker organization or 26
provider has submitted the evidence required by subsection 1, the 27
Board shall order an election to be conducted among the active 28
task workers within the bargaining unit. The election must be 29
conducted in accordance with section 22 of this act and any 30
procedures and requirements established by the Board by 31
regulation. 32
Sec. 22. 1. If the Board orders an election within a 33
bargaining unit pursuant to section 20 or 21 of this act, the Board 34
shall order that each of the following be placed as a choice on the 35
ballot for the election: 36
(a) If applicable, the task worker organization certified as the 37
exclusive bargaining representative of the bargaining unit; 38
(b) If applicable, the task worker organization requesting 39
certification as the exclusive bargaining representative of the 40
bargaining unit pursuant to section 20 of this act; 41
(c) If applicable, the task worker organization challenging the 42
certification pursuant to section 21 of this act; and 43
(d) A choice for “no representation.” 44
– 12 –
- *AB390*
2. If a ballot for an election contains more than two choices 1
and none of the choices on the ballot receives a majority of the 2
votes cast at the initial election, the Board shall order a runoff 3
election between the two choices on the ballot that received the 4
highest number of votes at the initial election. 5
3. If the choice for “no representation” receives a majority of 6
the votes cast at the election, the Board shall designate the 7
bargaining unit as being without representation. 8
4. If a task worker organization receives a majority of the 9
votes cast as the initial election or at any runoff election, the 10
Board shall certify the task worker organization as the exclusive 11
bargaining representative of the bargaining unit. 12
Sec. 23. 1. A task worker organization that has been 13
certified as the exclusive bargaining representative of a 14
bargaining unit remains the exclusive bargaining representative 15
of the bargaining unit until replaced or decertified. 16
2. Except as otherwise provided in subsection 4, an exclusive 17
bargaining representative may be replaced by another task worker 18
organization who submits a request for certification in accordance 19
with the procedures set forth in section 20 of this act. 20
3. A provider or group of task workers may submit to the 21
Board a request for the decertification of an exclusive bargaining 22
representative. Such a request must be accompanied by evidence 23
sufficient to show that at least 25 percent of active task workers 24
within the bargaining unit do not wish to be represented by any 25
task worker organization. Except as otherwise provided in 26
subsection 4, if the Board determines that a task worker 27
organization or provider has submitted such evidence, the Board 28
shall order an election to be conducted among the active task 29
workers within the bargaining unit. The election must be 30
conducted in accordance with section 22 of this act and any 31
procedures and requirements established by regulation of the 32
Board. 33
4. Except as otherwise provided in section 29 of this act, an 34
exclusive bargaining representative is not subject to replacement 35
or decertification for the greater of: 36
(a) One year after the date upon which the task worker 37
organization is certified as the exclusive bargaining representative 38
of the bargaining unit; or 39
(b) The period in which an agreement or decision approved by 40
the Labor Commissioner pursuant to section 32 of this act is 41
effective. 42
Sec. 24. An exclusive bargaining representative has the 43
exclusive right to engage in collective bargaining with providers 44
who have contracted with task workers within the bargaining unit 45
– 13 –
- *AB390*
represented by the exclusive bargaining representative for a 1
recommended agreement concerning compensation, benefits, 2
procedures for the adjustment of grievances and other terms and 3
conditions of work for task workers within the bargaining unit. 4
Sec. 25. 1. An exclusive bargaining representative may 5
submit to a provider a request signed by a task worker within the 6
bargaining unit represented by the representative to deduct from 7
the compensation due to the task worker an amount of money 8
specified by the request and provide the money to the exclusive 9
bargaining representative for membership dues. 10
2. A provider that receives a request submitted pursuant to 11
subsection 1 shall commence making the required deductions and 12
provide the money to the exclusive bargaining representative as 13
soon as practicable, but in no case later than 30 days after the 14
receipt of the request. 15
3. A provider shall not honor any request for deductions 16
submitted by a task worker organization for a task worker within a 17
bargaining unit other than the exclusive bargaining representative 18
that represents the bargaining unit. 19
4. A request submitted pursuant to subsection 1 remains in 20
effect until a task worker revokes his or her membership in the 21
exclusive bargaining representative in accordance with the terms 22
set forth in the request. 23
Sec. 26. 1. To commence the collective bargaining process, 24
an exclusive bargaining representative shall provide written notice 25
to the Board. Upon receipt of such notice, the Board shall notify 26
each provider who has contracted with a task worker within the 27
bargaining unit represented by the representative. 28
2. The exclusive bargaining representative and each provider 29
notified pursuant to subsection 1 shall promptly commence 30
negotiations to reach a recommended agreement concerning 31
compensation, benefits, procedures for the adjustment of 32
grievances and other terms and conditions of work. Such terms 33
and conditions must include, without limitation: 34
(a) The circumstances under which a task worker may be 35
removed from the task delivery platform of a provider; and 36
(b) Procedures for resolving a claim that alleges that a task 37
worker was unjustifiably removed from the task delivery platform 38
of a provider. 39
3. To facilitate the negotiations required by subsection 2, the 40
providers subject to the negotiations may form an industry 41
association and designate that association to negotiate on behalf 42
of the providers. 43
Sec. 27. 1. Any recommended agreement resulting from 44
negotiations required by section 26 of this act must be approved by 45
– 14 –
- *AB390*
the providers and exclusive bargaining representatives subject to 1
the negotiations. 2
2. For the purposes of subsection 1, a recommended 3
agreement shall be deemed to be approved by the providers subject 4
to the negotiations if the recommended agreement is approved by: 5
(a) If the negotiations involve a single provider, the provider. 6
(b) If the negotiations involve multiple providers and the 7
providers have formed an industry association pursuant to section 8
26 of this act, the industry association. 9
(c) If the negotiations involve multiple providers and the 10
providers have not formed an industry association pursuant to 11
section 26 of this act: 12
(1) At least two of the providers; and 13
(2) A combination of the providers whose combined market 14
share represents at least 80 percent of the total market for the task 15
workers within the bargaining unit. 16
For the purpose of complying with this paragraph, each of the 17
providers is entitled to a number of votes for approval or 18
disapproval that is proportional to the number of tasks completed 19
by task workers who have contracted with the provider in the 2 20
immediately preceding calendar quarters. 21
3. For the purposes of subsection 1, a recommended 22
agreement shall be deemed to be approved by an exclusive 23
bargaining representative if an election concerning whether to 24
approve the recommended agreement is held among all task 25
workers within the bargaining unit who have completed at least 26
100 tasks in the immediately preceding calendar quarter and the 27
approval receives a majority of the votes cast in the election. 28
4. A recommended agreement that has been approved 29
pursuant to subsection 1 must be submitted to the Labor 30
Commissioner as soon as practicable after approval. 31
Sec. 28. 1. If the providers and the exclusive bargaining 32
representative have failed to reach a recommended agreement not 33
less than 180 days after the date on which the exclusive 34
bargaining representative submitted the notice to the Board 35
pursuant to section 26 of this act, any party may declare the 36
negotiations to be at an impasse by providing notice to the Board. 37
2. Upon receipt of a notice pursuant to subsection 1, the 38
Board shall provide notice to the parties. The parties may, within 7 39
days after receipt of the notice, mutually agree upon the selection 40
of a mediator. If the parties are unable to agree on the selection of 41
a mediator within that period, the Board shall submit to the parties 42
a list of potential mediators. Within 5 days after receipt of the list: 43
(a) The providers subject to the negotiations shall select one 44
person to serve as a representative of all the providers; 45
– 15 –
- *AB390*
(b) The exclusive bargaining representative shall select one 1
person to serve as a representative of the exclusive bargaining 2
representative; and 3
(c) The representatives selected pursuant to paragraphs (a) 4
and (b) shall select the mediator from the list by alternatively 5
striking one name until the name of only one mediator remains, 6
who will be the mediator to hear the dispute. The representatives 7
shall draw lots to determine which representative strikes the first 8
name. 9
3. If the parties fail to select representatives and select a 10
mediator pursuant to subsection 2 within 5 days after receipt of 11
the list of potential mediators, the Board shall select a mediator to 12
hear the dispute in question. 13
4. The mediator selected pursuant to subsection 2 shall bring 14
the parties together as soon as possible and attempt to settle the 15
dispute within 30 days after being notified of the mediator’s 16
selection as mediator. 17
Sec. 29. 1. If the parties are unable to reach a 18
recommended agreement within 30 days after the date on which 19
the mediator is notified of being selected, any party may submit a 20
request to the Board to refer the dispute to an arbitrator. 21
2. Upon receipt of a request submitted pursuant to subsection 22
1, the Board shall order an election to be conducted among all 23
task workers in the bargaining unit represented by the exclusive 24
bargaining representative who have completed at least 100 tasks in 25
the immediately preceding calendar quarter. At the election, the 26
Board shall order that each of the following be placed as a choice 27
on the ballot for the election: 28
(a) A choice to submit the dispute to arbitration; and 29
(b) A choice to decertify the task worker organization as the 30
exclusive bargaining representative for the bargaining unit. 31
3. If the choice to submit the dispute to arbitration receives a 32
majority of the votes cast at the election, the Board shall order an 33
arbitrator to be selected in accordance with section 30 of this act. 34
4. If the choice to submit to decertify the task worker 35
organization as the exclusive bargaining representative of the 36
bargaining unit receives a majority of the votes cast at the 37
election: 38
(a) The task worker organization shall no longer be deemed to 39
be the exclusive bargaining representative of the bargaining unit; 40
(b) The Board shall designate the bargaining unit as being 41
without representation; and 42
(c) Any existing agreement or decision approved by the Labor 43
Commissioner pursuant to section 32 of this act remains valid 44
until the expiration of the agreement. 45
– 16 –
- *AB390*
Sec. 30. 1. If the Board orders an arbitrator to be selected 1
pursuant to section 29 of this act, the Board shall provide notice to 2
the parties. The parties may, within 7 days after receipt of the 3
notice, mutually agree upon the selection of an arbitrator. If the 4
parties are unable to agree on the selection of an arbitrator within 5
that period, the Board shall submit to the parties a list of potential 6
arbitrators. Within 5 days after receipt of the list: 7
(a) The providers subject to the negotiations shall select one 8
person to serve as a representative of all the providers; 9
(b) The exclusive bargaining representative shall select one 10
person to serve as a representative of the exclusive bargaining 11
representative; and 12
(c) The representatives selected pursuant to paragraphs (a) 13
and (b) shall select the arbitrator from the list by alternatively 14
striking one name until the name of only one arbitrator remains, 15
who will be the arbitrator to hear the dispute. The representatives 16
shall draw lots to determine which representative strikes the first 17
name. 18
2. If the parties fail to select representatives and select an 19
arbitrator pursuant to subsection 1 within 5 days after receipt of 20
the list of potential arbitrators, the Board shall select an arbitrator 21
to hear the dispute in question. 22
Sec. 31. 1. The arbitrator selected pursuant to section 30 of 23
this act shall hold one or more hearings to receive information 24
concerning the dispute. Each such hearing must be conducted in 25
accordance with the provisions of this section and any other 26
procedures and requirements established by the arbitrator. 27
2. At each hearing conducted pursuant to subsection 1: 28
(a) Each party may appear in person or by counsel or other 29
representative designated by the party. 30
(b) Each party who is a provider who has contracted with at 31
least 50 task workers in the bargaining unit in the immediately 32
preceding calendar quarter and the exclusive bargaining 33
representative may present, orally, in writing or both, statements 34
of fact, supporting witnesses and other evidence and argument of 35
their respective positions. 36
(c) Each party who is a provider who has contracted with less 37
than 50 task workers in the bargaining unit in the immediately 38
preceding calendar quarter may submit written evidence to the 39
arbitrator. 40
(d) The arbitrator may administer oaths or affirmations, take 41
testimony and issue and seek enforcement of a subpoena in the 42
same manner as the Board pursuant to NRS 288.120 and, except 43
as otherwise provided in subsection 5, the provisions of NRS 44
288.120 apply to any subpoena issued by the arbitrator. 45
– 17 –
- *AB390*
(e) At the request of a party, a full and complete record of the 1
hearing must be kept. The party requesting the record shall pay 2
any costs associated with the keeping of the record. The record 3
must be provided to all parties. 4
3. After the conclusion of the final hearing conducted 5
pursuant to subsection 1, the arbitrator shall render a decision 6
and report the decision to the parties. The decision must be in 7
writing and include a statement specifying the reasons for the 8
decision. In rendering the decision, the arbitrator shall consider 9
the following criteria, as applicable: 10
(a) Whether the amount of compensation and benefits under 11
consideration: 12
(1) Is sufficient compared to the cost of living; and 13
(2) Would allow a task worker who performs a sufficient 14
number of tasks to support himself or herself without relying on 15
any form of public assistance. 16
(b) Whether the mechanisms under consideration to deliver 17
benefits to task workers are the most efficient means by which to 18
provide such benefits. 19
(c) The financial ability of the providers to pay for 20
compensation and benefits and the effect of such payments on the 21
ability of providers to provide services through their task delivery 22
platforms. 23
(d) Whether the mechanisms under consideration for the 24
adjustment of grievances allow task workers a reasonable 25
expectation of uninterrupted work and allow the providers to alter 26
or terminate relationships with task workers if there is cause for 27
such termination. 28
(e) Whether the compensation, benefits, terms and conditions 29
of work are sufficient as compared to persons performing similar 30
activities as part of the profession or occupation of the person. 31
4. A decision rendered pursuant to subsection 3 must be 32
submitted to the Labor Commissioner as soon as practicable after 33
it is rendered. 34
5. Except as otherwise provided in paragraph (e) of 35
subsection 2, the providers subject to the negotiations and the 36
exclusive bargaining representative shall each pay one-half of the 37
cost of arbitration. 38
Sec. 32. 1. A recommended agreement approved pursuant 39
to section 27 of this act or a decision rendered pursuant to section 40
31 of this act does not become effective until approved by the 41
Labor Commissioner pursuant to this section. 42
2. The Labor Commissioner shall, for 30 days after the 43
receipt of a recommended agreement or decision, allow the parties 44
– 18 –
- *AB390*
and affected task workers to submit written comments concerning 1
the agreement or decision. 2
3. Except as otherwise provided in subsection 4, not later 3
than 60 days after the conclusion of the 30-day period described in 4
subsection 2, the Labor Commissioner shall: 5
(a) Approve the recommended agreement or decision without 6
modification; 7
(b) Approve the recommended agreement or decision with 8
such modifications as the Labor Commissioner deems necessary; 9
or 10
(c) Reject the recommended agreement or decision. 11
4. If the Labor Commissioner intends to impose 12
modifications pursuant to paragraph (b) of subsection 3, the 13
Labor Commissioner shall provide notice to the parties and allow 14
the parties and affected task workers, for 30 days after the date on 15
which the notice is sent, to submit written comments concerning 16
the proposed modifications. 17
5. In determining whether to approve, with or without 18
modification, or reject a recommended agreement or decision 19
pursuant to subsection 3, the Labor Commissioner shall consider 20
the criteria set forth in subsection 3 of section 31 of this act. 21
6. If the Labor Commissioner approves an agreement or 22
decision pursuant to paragraph (a) or (b) of subsection 3, the 23
Labor Commissioner shall provide written notice of the approval 24
to the parties. The notice must include a date established by the 25
Labor Commissioner on which the agreement or decision becomes 26
effective and expires. The expiration date must be not more than 3 27
years after the date on which the agreement or decision becomes 28
effective. An approved agreement or decision becomes binding on 29
the parties on the effective date set forth in the notice and expires 30
on the expiration date set forth in the notice. 31
7. The Labor Commissioner shall continuously monitor 32
market conditions during any period in which an agreement or 33
decision is effective pursuant to subsection 6. If the Labor 34
Commissioner determines that market conditions require 35
modification of the agreement or decision, the Labor 36
Commissioner may modify the agreement or decision after 37
providing notice to the parties and allowing the parties and 38
affected task workers to submit written comments for 30 days after 39
the date on which the notice is sent. A modification made pursuant 40
to this subsection does not affect the effective date or expiration 41
date of the agreement or decision. 42
Sec. 33. An agreement or decision approved by the Labor 43
Commissioner pursuant to section 32 of this act does not preempt 44
or supersede any statute or regulation setting forth labor 45
– 19 –
- *AB390*
standards that provide greater benefits or protections to a task 1
worker. 2
Sec. 34. A person aggrieved by a determination by the Board 3
pursuant to section 19, 20, 21 or 23 of this act, or a decision of the 4
Labor Commissioner pursuant to section 32 of this act, is entitled 5
to judicial review. A judicial review authorized pursuant to this 6
subsection must be limited to a determination of whether the 7
determination or decision was arbitrary, capricious or otherwise 8
characterized by an abuse of discretion and must be conducted in 9
accordance with the procedures set forth in chapter 233B of NRS 10
for reviewing a final decision of an agency. 11
Sec. 35. The Board and the Labor Commissioner may adopt 12
any regulations necessary to carry out their respective duties set 13
forth in sections 13 to 35, inclusive, of this act. 14
Sec. 36. 1. In addition to any other requirements set forth 15
by specific statute, a task delivery platform provider shall, for each 16
task completed for a user through the task delivery platform of the 17
provider, disclose to the user in plain language and in a 18
conspicuous manner: 19
(a) The total cost to the user for the completion of the task by 20
the task worker; and 21
(b) Each portion of the total cost described in paragraph (a) 22
that is provided to: 23
(1) The task worker who completed the task; and 24
(2) The provider. 25
2. A provider shall regularly provide to each task worker with 26
whom the provider has contracted a report that details the 27
compensation paid to the task worker for the completion of tasks 28
through the task delivery platform and any deductions from that 29
compensation made by the provider. 30
Sec. 37. 1. A task delivery platform provider shall ensure 31
that a task worker with whom the provider has contracted and who 32
performs tasks through the task delivery platform of the provider 33
is paid for each hour the task worker works in performing such 34
tasks an amount that is not less than the minimum wage set forth 35
in NRS 608.250. 36
2. If a task delivery platform provider violates the provisions 37
of subsection 1, the task worker may, at any time within 2 years, 38
bring a civil action against the employer. 39
3. If the task worker prevails in a civil action brought 40
pursuant to subsection 2: 41
(a) The task worker is entitled to all remedies available under 42
the law or in equity appropriate to remedy the violation by the 43
provider which may include, without limitation, back pay, 44
damages, reinstatement or injunctive relief; and 45
– 20 –
- *AB390*
(b) The court must award the task worker reasonable 1
attorney’s fees and costs. 2
Sec. 38. 1. A contract between a task worker and a task 3
delivery platform provider to allow the task worker to receive 4
connections to users in need of the performance of a specific task 5
through the task delivery platform of the provider must: 6
(a) Be written in a clear and comprehensible language that is 7
understandable to an ordinary layperson. 8
(b) Contain clear, conspicuous and accurate details of: 9
(1) The rates of pay provided to the task worker for the 10
performance of tasks through the platform; 11
(2) Any fees charged by the provider to the task worker; 12
(3) The conditions under which the task worker may be 13
removed from the platform; and 14
(4) The procedures for the resolution of disputes. 15
(c) Not be in a form which requires the task worker to manifest 16
his or her assent to the contract by clicking a button or pop-up 17
window that reads “ok” or “agree” or conveys a similar message. 18
2. A provider shall not engage in any practice with respect to 19
a contract described in subsection 1 that is deceptive or that 20
encourages misrepresentation or misunderstanding of the 21
contract. 22
Sec. 39. NRS 608.270 is hereby amended to read as follows: 23
608.270 1. The Labor Commissioner shall: 24
(a) Administer and enforce the provisions of NRS 608.250 and 25
608.670 [;] and section 37 of this act; 26
(b) Adopt any regulations necessary to carry out the duties set 27
forth in paragraph (a); and 28
(c) Furnish the district attorney of any county or the Attorney 29
General all data and information concerning violations of the 30
provisions of NRS 608.250 or 608.670 [,] or section 37 of this act 31
occurring in the county coming to the attention of the Labor 32
Commissioner. 33
2. Each district attorney shall, if a complaint is made to him or 34
her by the Labor Commissioner or by any aggrieved person, 35
prosecute each violation of the provisions of NRS 608.250 or 36
608.670 or section 37 of this act that occurs in the district attorney’s 37
county. If any such district attorney fails, neglects or refuses for 20 38
days to commence a prosecution for a violation of the provisions of 39
NRS 608.250 or 608.670 [,] or section 37 of this act, after being 40
furnished data and information concerning the violation, and 41
diligently to prosecute the same to conclusion, the district attorney is 42
guilty of a misdemeanor, and in addition thereto must be removed 43
from office. 44
– 21 –
- *AB390*
Sec. 40. NRS 608.290 is hereby amended to read as follows: 1
608.290 1. Any person who violates any provision of NRS 2
608.250 or 608.670 or section 37 of this act or any regulation 3
adopted pursuant thereto is guilty of a misdemeanor. 4
2. In addition to any other remedy or penalty, the Labor 5
Commissioner may impose against the person an administrative 6
penalty of not more than $5,000 for each such violation. 7
Sec. 41. NRS 281.755 is hereby amended to read as follows: 8
281.755 1. Except as otherwise provided in subsections 2 and 9
5, a public body shall provide an employee who is the mother of a 10
child under 1 year of age with: 11
(a) Reasonable break time, with or without compensation, for 12
the employee to express breast milk as needed; and 13
(b) A place, other than a bathroom, that is reasonably free from 14
dirt or pollution, protected from the view of others and free from 15
intrusion by others where the employee may express breast milk. 16
2. If the public body determines that complying with the 17
provisions of subsection 1 will cause an undue hardship considering 18
the size, financial resources, nature and structure of the public body, 19
the public body may meet with the employee to agree upon a 20
reasonable alternative. If the parties are not able to reach an 21
agreement, the public body may require the employee to accept a 22
reasonable alternative selected by the public body and the employee 23
may appeal the decision by filing a complaint in the manner set 24
forth in subsection 4. 25
3. An officer or agent of a public body shall not retaliate, or 26
direct or encourage another person to retaliate, against an employee 27
of the public body because the employee has: 28
(a) Taken break time or used the space provided pursuant to 29
subsection 1 or 2 to express breast milk; or 30
(b) Taken any action to require the public body to comply with 31
the requirements of this section, including, without limitation, filing 32
a complaint, testifying, assisting or participating in any manner in an 33
investigation, proceeding or hearing to enforce the provisions of this 34
section. 35
4. An employee who is aggrieved by the failure of a public 36
body to comply with the provisions of this section may: 37
(a) If the employee is employed by the Executive Department of 38
State Government, is not an employee of an entity described in NRS 39
284.013 and is not an employee in a bargaining unit pursuant to 40
NRS 288.400 to 288.630, inclusive, file a complaint with the 41
Employee-Management Committee in accordance with the 42
procedures provided pursuant to NRS 284.384; 43
– 22 –
- *AB390*
(b) If the employee is employed by the Legislative Department 1
of State Government, file a complaint with the Director of the 2
Legislative Counsel Bureau; 3
(c) If the employee is employed by the Judicial Department of 4
State Government, file a complaint with the Court Administrator; 5
and 6
(d) If the employee is employed by a political subdivision of this 7
State or any public or quasi-public corporation organized under the 8
laws of this State or if the employee is employed by the Executive 9
Department of State Government and is an employee in a bargaining 10
unit pursuant to NRS 288.400 to 288.630, inclusive, file a complaint 11
with the [Government Employee-Management] Labor Relations 12
Board in the manner set forth in NRS 288.115. 13
5. The requirements of this section do not apply to the 14
Department of Corrections. The Department is encouraged to 15
comply with the provisions of this section to the extent practicable. 16
6. As used in this section, “public body” means: 17
(a) The State of Nevada, or any agency, instrumentality or 18
corporation thereof; 19
(b) The Nevada System of Higher Education; or 20
(c) Any political subdivision of this State or any public or quasi-21
public corporation organized under the laws of this State, including, 22
without limitation, counties, cities, unincorporated towns, school 23
districts, charter schools, hospital districts, irrigation districts and 24
other special districts. 25
Sec. 42. Chapter 288 of NRS is hereby amended by adding 26
thereto the provisions set forth as sections 43 to 46, inclusive, of this 27
act. 28
Sec. 43. “Exclusive bargaining representative” has the 29
meaning ascribed to it in section 7 of this act. 30
Sec. 44. “Task delivery platform provider” has the meaning 31
ascribed to it in section 10 of this act. 32
Sec. 45. “Task worker” has the meaning ascribed to it in 33
section 11 of this act. 34
Sec. 46. “Task worker organization” has the meaning 35
ascribed to it in section 12 of this act. 36
Sec. 47. NRS 288.015 is hereby amended to read as follows: 37
288.015 As used in this chapter, unless the context otherwise 38
requires, the words and terms defined in NRS 288.029 to 288.074, 39
inclusive, and sections 43 to 46, inclusive, of this act have the 40
meanings ascribed to them in those sections. 41
Sec. 48. NRS 288.029 is hereby amended to read as follows: 42
288.029 “Board” means the [Government Employee-43
Management] Labor Relations Board created by NRS 288.080. 44
– 23 –
- *AB390*
Sec. 49. NRS 288.080 is hereby amended to read as follows: 1
288.080 1. The [Government Employee-Management] Labor 2
Relations Board is hereby created, consisting of five members, 3
broadly representative of the public and not closely allied with any 4
employee organization, any labor organization, task worker 5
organization, the Executive Department , [or] any local government 6
employer [.] or any task delivery platform provider. 7
2. Not more than three of the members of the Board may be 8
members of the same political party, and at least three of the 9
members must reside in southern Nevada. The term of office of each 10
member is 4 years. 11
3. The Governor shall appoint the members of the Board. 12
Sec. 50. NRS 288.110 is hereby amended to read as follows: 13
288.110 1. The Board may make rules governing: 14
(a) Proceedings before it; 15
(b) Procedures for fact-finding; 16
(c) The recognition, as defined in NRS 288.136, of employee 17
organizations; 18
(d) The designation of the exclusive representative of a 19
bargaining unit in accordance with the provisions of NRS 288.520, 20
288.525 and 288.530; [and] 21
(e) The designation of a task worker organization as the 22
exclusive bargaining representative of a bargaining unit in 23
accordance with the provisions of sections 20, 21 and 22 of this 24
act; and 25
(f) The determination of bargaining units. 26
2. The Board may hear and determine any complaint arising 27
out of the interpretation of, or performance under, the provisions of 28
[this] : 29
(a) This chapter by the Executive Department, any local 30
government employer, any employee, as defined in NRS 288.425, 31
any local government employee, any employee organization or any 32
labor organization. 33
(b) Sections 13 to 35, inclusive, of this act by any task delivery 34
platform provider, any task worker or any task worker 35
organization. 36
3. Except as otherwise provided in this subsection and NRS 37
288.115, 288.280 and 288.625, the Board shall conduct a hearing 38
pursuant to subsection 2 within 180 days after it decides to hear a 39
complaint. If a complaint alleges a violation of paragraph (a) of 40
subsection 1 of NRS 288.620 or paragraph (b) of subsection 2 of 41
NRS 288.620, the Board shall conduct a hearing not later than 45 42
days after it decides to hear the complaint, unless the parties agree to 43
waive this requirement. The Board, after a hearing, if it finds that 44
the complaint is well taken, may order any person or entity to refrain 45
– 24 –
- *AB390*
from the action complained of or to restore to the party aggrieved 1
any benefit of which the party has been deprived by that action. 2
Except when an expedited hearing is conducted pursuant to NRS 3
288.115, the Board shall issue its decision within 120 days after the 4
hearing on the complaint is completed. 5
[3.] 4. Any party aggrieved by the failure of any person to 6
obey an order of the Board issued pursuant to subsection [2,] 3, or 7
the Board at the request of such a party, may apply to a court of 8
competent jurisdiction for a prohibitory or mandatory injunction to 9
enforce the order. 10
[4.] 5. The Board may not consider any complaint or appeal 11
filed more than 6 months after the occurrence which is the subject of 12
the complaint or appeal. 13
[5.] 6. The Board may decide without a hearing a contested 14
matter: 15
(a) In which all of the legal issues have been previously decided 16
by the Board, if it adopts its previous decision or decisions as 17
precedent; or 18
(b) Upon agreement of all the parties. 19
[6.] 7. The Board may award reasonable costs, which may 20
include attorneys’ fees, to the prevailing party. 21
[7.] 8. As used in this section, “bargaining unit” has the 22
meaning ascribed to it in NRS 288.134 or 288.415 [.] or section 4 of 23
this act. 24
Sec. 51. NRS 598A.040 is hereby amended to read as follows: 25
598A.040 The provisions of this chapter do not apply to: 26
1. Any labor, agricultural or horticultural organizations 27
organized for the purpose of self-help and not for profit to itself nor 28
to individual members thereof, while lawfully carrying out its 29
legitimate objects. 30
2. Bona fide religious and charitable activities of any nonprofit 31
corporation, trust or organization established exclusively for 32
religious or charitable purposes. 33
3. Conduct which is expressly authorized, regulated or 34
approved by: 35
(a) A statute of this State or of the United States; 36
(b) An ordinance of any city or county of this State, except for 37
ordinances relating to video service providers; or 38
(c) An administrative agency of this State or of the United States 39
or of a city or county of this State, having jurisdiction of the subject 40
matter. 41
4. Conduct or agreements relating to rates, fares, 42
classifications, divisions, allowances or charges, including charges 43
between carriers and compensation paid or received for the use of 44
facilities and equipment, that are authorized, regulated or approved 45
– 25 –
- *AB390*
by the Nevada Transportation Authority pursuant to chapter 706 of 1
NRS. 2
5. Restrictive covenants: 3
(a) Which are part of a contract of sale for a business and which 4
bar the seller of the business from competing with the purchaser of 5
the business sold within a reasonable market area for a reasonable 6
period of time; or 7
(b) Which are part of a commercial shopping center lease and 8
which bar the parties from permitting or engaging in the furnishing 9
of certain services or the sale of certain commodities within the 10
commercial shopping center where such leased premises are located. 11
6. Any conduct or agreement authorized by sections 13 to 35, 12
inclusive, of this act. 13
Sec. 52. The Legislative Counsel shall: 14
1. In preparing the reprint and supplements to the Nevada 15
Revised Statutes, appropriately change any references to an officer, 16
agency or other entity whose name is changed or whose 17
responsibilities are transferred pursuant to the provisions of this act 18
to refer to the appropriate officer, agency or other entity. 19
2. In preparing supplements to the Nevada Administrative 20
Code, appropriately change any references to an officer, agency or 21
other entity whose name is changed or whose responsibilities are 22
transferred pursuant to the provisions of this act to refer to the 23
appropriate officer, agency or other entity. 24
Sec. 53. 1. Any administrative regulations adopted by an 25
officer or an agency whose name has been changed or whose 26
responsibilities have been transferred pursuant to the provisions of 27
this act to another officer or agency remain in force until amended 28
by the officer or agency to which the responsibility for the adoption 29
of the regulations has been transferred. 30
2. Any contracts or other agreements entered into by an officer 31
or agency whose name has been changed or whose responsibilities 32
have been transferred pursuant to the provisions of this act to 33
another officer or agency are binding upon the officer or agency to 34
which the responsibility for the administration of the provisions of 35
the contract or other agreement has been transferred. Such contracts 36
and other agreements may be enforced by the officer or agency to 37
which the responsibility for the enforcement of the provisions of the 38
contract or other agreement has been transferred. 39
3. Any action taken by an officer or agency whose name has 40
been changed or whose responsibilities have been transferred 41
pursuant to the provisions of this act to another officer or agency 42
remains in effect as if taken by the officer or agency to which the 43
responsibility for the enforcement of such actions has been 44
transferred. 45
– 26 –
- *AB390*
Sec. 54. 1. This section becomes effective upon passage and 1
approval. 2
2. Sections 1 to 53, inclusive, of this act become effective: 3
(a) Upon passage and approval for the purpose of adopting any 4
regulations and performing any other preparatory administrative 5
tasks that are necessary to carry out the provisions of this act; and 6
(b) On October 1, 2025, for all other purposes. 7
H