A.B. 502
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ASSEMBLY BILL NO. 502–COMMITTEE
ON GOVERNMENT AFFAIRS
(ON BEHALF OF THE JOINT INTERIM STANDING
COMMITTEE ON GOVERNMENT AFFAIRS)
MARCH 24, 2025
____________
Referred to Committee on Government Affairs
SUMMARY—Revises provisions relating to public works.
(BDR 28-401)
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 public works; revising provisions relating to the
compliance of a contractor or subcontractor with certain
requirements relating to apprentices on a public work;
revising requirements relating to identifying numbers for
public works; revising provisions relating to the
imposition of penalties for certain violations; revising
provisions relating to the period within which a person is
disqualified from being awarded a contract for a public
work in certain circumstances; revising provisions
relating to the investigation of certain possible violations;
creating the Public Works Compliance Division within
the Office of Labor Commissioner and prescribing its
duties; providing a penalty; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Existing law sets forth the requirements for the State and its political 1
subdivisions to award a contract for the new construction, repair or reconstruction 2
of specified projects that are financed in whole or in part from public money, 3
known as public works. (Chapter 338 of NRS) Existing law creates the Office of 4
Labor Commissioner and requires the Labor Commissioner to enforce specified 5
provisions relating to employment on public works. (NRS 338.010-338.130, 6
607.010) Existing law requires contractors or subcontractors engaged on public 7
works to use apprentices for a certain percentage of the total hours performed on a 8
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public work, depending on certain conditions related to the public work, and to 9
report certain information regarding the public works for the previous year to the 10
Labor Commissioner, except identifying information about a public work or an 11
apprentice or employee. Existing law further requires a contractor or subcontractor 12
on a public work to maintain and provide to the Labor Commissioner any 13
supporting documentation to show that the contractor or subcontractor made a good 14
faith effort to comply with the apprenticeship requirement. Such a good faith effort 15
includes submitting to an apprenticeship program a request for an apprentice: (1) 16
not earlier than 10 days before the contractor or subcontractor is scheduled to begin 17
work on the public work; and (2) if a contractor or subcontractor does not work 18
continuously on a public work, not earlier than 10 days before the contractor or 19
subcontractor is scheduled to resume work on the public work. (NRS 338.01165) 20
Section 1 of this bill removes the 10-day time limitation on requesting an 21
apprentice, thereby allowing for an apprentice to be requested by a contractor or 22
subcontractor at any time before work on a public work is scheduled to begin or 23
resume. Section 1 also removes the exception for not reporting identifying 24
information about a public work, thereby requiring the reporting of such 25
information to the Labor Commissioner. 26
Existing law, in part, requires a public body that undertakes a public work to: 27
(1) request an identifying number with a designation of the work and include the 28
number in any advertisement or other type of solicitation; and (2) report to the 29
Labor Commissioner the award of a contract within 10 days after the award and 30
subsequently report the completion of the work under the contract. (NRS 338.013) 31
Section 2 of this bill requires that a public body request such an identifying number 32
not less than 10 days before any advertisement or other type of solicitation for the 33
public work is published or made, as applicable. Section 2 also imposes a penalty 34
for each calendar day or portion thereof that a public body is not in compliance 35
with the reporting requirements. 36
Existing law authorizes the Labor Commissioner to impose an administrative 37
penalty, in addition to any other remedy or penalty authorized by law, if any 38
person, including, without limitation, a public body, violates certain provisions 39
relating to public works in the amount of not more than $5,000 for each such 40
violation. (NRS 338.015) Section 3 of this bill limits the existing maximum penalty 41
to the first violation and authorizes the imposition of an administrative penalty of 42
not less than $5,000 for each subsequent violation. 43
Under existing law, if an administrative penalty is imposed against a person for 44
a violation of certain provisions relating to public works, the Labor Commissioner 45
is authorized to prohibit the person from being awarded a contract for a public 46
work: (1) for the first offense, for a period of 3 years after the date of the imposition 47
of the administrative penalty; and (2) for the second or subsequent offense, for a 48
period of 5 years after the date of the imposition of the administrative penalty. 49
(NRS 338.017) Section 4 of this bill instead provides for the issuance of a warning 50
for the first offense and revises the duration of the period of the disqualification as 51
follows: (1) for the second offense, a period of 180 days after the date of the 52
imposition of the administrative penalty; (2) for the third offense, a period of 1 year 53
after the date of the imposition of the administrative penalty; and (3) for the fourth 54
or subsequent offense, a period of 3 years after the date of the imposition of the 55
administrative penalty. 56
Existing law requires any public body awarding a contract for a public work to 57
investigate possible violations of certain laws relating to public works and 58
determine whether a violation has been committed and inform the Labor 59
Commissioner of any such violations. (NRS 338.070) Section 5 of this bill requires 60
a public body, within 30 days after substantial completion of a contract for a public 61
work, to: (1) conduct an investigation and make a determination regarding any 62
violation; or (2) refer the matter to the Public Works Compliance Division, which is 63
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created within the Office of Labor Commissioner in section 8 of this bill. Section 7 64
of this bill requires the Division to: (1) investigate possible violations of certain 65
laws relating to public works at the direction of the Labor Commissioner or upon 66
receipt of a referral from a public body; (2) submit to the Labor Commissioner a 67
written report concerning such an investigation and, if applicable, provide a copy of 68
the report to the referring public body upon completion of the investigation; and (3) 69
perform any other duties related to the enforcement of certain provisions relating to 70
public works, as directed by the Labor Commissioner. Sections 9 and 10 of this 71
bill make conforming changes related to the creation of the Division. 72
Existing law requires a public body to withhold and retain from payments to a 73
contractor on a public work sums that are forfeited as a result of the violation of 74
certain laws relating to public works. Existing law also prohibits any sums from 75
being withheld, retained or forfeited, except from the final payment, without a full 76
investigation being made by the awarding public body. (NRS 338.070) Section 5 77
requires a public body who refers the investigation of possible offenses to the 78
Division to withhold and retain all sums believed to be forfeited by the violation of 79
such laws until an investigation has been completed by the Division and the Labor 80
Commissioner has determined if any violations were committed. Section 5 81
authorizes the Labor Commissioner to impose against a public body that fails to 82
investigate possible violations of certain laws relating to a public work or refer 83
possible violations to the Public Works Compliance Division within the prescribed 84
time period: (1) a fee of $1,000 for each contractor or subcontractor found to be in 85
violation of such provisions; and (2) an administrative penalty of $2,000 for each 86
contractor or subcontractor found to be in violation of such provisions. 87
Existing law requires that a person found to have willfully and repeatedly failed 88
to pay the prevailing wage required by law be required to pay certain damages to 89
each affected worker. (NRS 338.090) Section 6 of this bill removes the 90
requirement of willfulness, thus making the penalty applicable to a person who 91
repeatedly fails to pay the prevailing wage. 92
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 338.01165 is hereby amended to read as 1
follows: 2
338.01165 1. Notwithstanding any other provision of this 3
chapter and except as otherwise provided in this section, a 4
contractor or subcontractor engaged in vertical construction who 5
employs workers on one or more public works during a calendar 6
year pursuant to NRS 338.040 shall use one or more apprentices for 7
at least 10 percent, or any increased percentage established pursuant 8
to subsection 3, of the total hours of labor worked for each 9
apprenticed craft or type of work to be performed on those public 10
works. 11
2. Notwithstanding any other provision of this chapter and 12
except as otherwise provided in this section, a contractor or 13
subcontractor engaged in horizontal construction who employs 14
workers on one or more public works during a calendar year 15
pursuant to NRS 338.040 shall use one or more apprentices for at 16
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least 3 percent, or any increased percentage established pursuant to 1
subsection 3, of the total hours of labor worked for each apprenticed 2
craft or type of work to be performed on those public works. 3
3. On or after January 1, 2021, the Labor Commissioner, in 4
collaboration with the State Apprenticeship Council, may adopt 5
regulations to increase the percentage of total hours of labor 6
required to be performed by an apprentice pursuant to subsection 1 7
or 2 by not more than 2 percentage points. 8
4. An apprentice who graduates from an apprenticeship 9
program while employed on a public work shall: 10
(a) Be deemed an apprentice on the public work for the purposes 11
of subsections 1 and 2. 12
(b) Be deemed a journeyman for all other purposes, including, 13
without limitation, the payment of wages or the payment of wages 14
and benefits to a journeyman covered by a collective bargaining 15
agreement. 16
5. If a contractor or subcontractor who is a signatory to a 17
collective bargaining agreement with a union that sponsors an 18
apprenticeship program for an apprenticed craft or type of work for 19
which the term of apprenticeship is not more than 3 years requests 20
an apprentice from that apprenticeship program and an apprentice in 21
the appropriate craft or type of work is not available, the contractor 22
or subcontractor may utilize a person who graduated from the 23
apprenticeship program in that craft or type of work within the 3 24
years immediately preceding the request from the contractor or 25
subcontractor. Such a person: 26
(a) Shall be deemed an apprentice on the public work for the 27
purposes of subsections 1 and 2. 28
(b) Shall be deemed a journeyman for all other purposes, 29
including, without limitation, the payment of wages and benefits to 30
a journeyman pursuant to the collective bargaining agreement. 31
6. A contractor or subcontractor engaged on a public work is 32
not required to use an apprentice in a craft or type of work 33
performed in a jurisdiction recognized by the State Apprenticeship 34
Council as not having apprentices in that craft or type of work. 35
7. A contractor or subcontractor engaged on a public work 36
shall maintain and provide to the Labor Commissioner any 37
supporting documentation to show that the contractor or 38
subcontractor made a good faith effort to comply with subsection 1 39
or 2, as applicable, as determined by the Labor Commissioner. For 40
purposes of this subsection, a contractor or subcontractor: 41
(a) Makes a good faith effort to comply with subsection 1 or 2, 42
as applicable, if the contractor or subcontractor: 43
(1) Submits to the apprenticeship program, on the form 44
prescribed by the Labor Commissioner, a request for an apprentice 45
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[not earlier than 10 days] before the contractor or subcontractor is 1
scheduled to begin work on the public work and not later than 5 2
days after the contractor or subcontractor actually begins work on 3
the public work. 4
(2) If the apprenticeship program does not provide an 5
apprentice for the appropriate apprenticed craft or type of work 6
upon a request pursuant to subparagraph (1), submits additional 7
requests to the apprenticeship program, on the form prescribed by 8
the Labor Commissioner, at least once every 30 days during the 9
period that the contractor or subcontractor is working on the public 10
work. If a contractor or subcontractor does not work continuously 11
on the public work, the contractor or subcontractor shall submit an 12
additional request each time that the contractor or subcontractor 13
resumes work on the public work [not earlier than 10 days] before 14
the contractor or subcontractor is scheduled to resume work on the 15
public work and not later than 5 days after the contractor or 16
subcontractor actually resumes work on the public work. The 17
requirement for the submission of an additional request in this 18
subparagraph does not apply whenever a contractor or subcontractor 19
has one or more apprentices employed for that apprenticed craft or 20
type of work. 21
(b) Does not make a good faith effort to comply with subsection 22
1 or 2, as applicable, as determined by the Labor Commissioner, if 23
the contractor or subcontractor is required to enter into an 24
apprenticeship agreement pursuant to subsection 16 and refuses to 25
do so. 26
8. The supporting documentation required pursuant to 27
subsection 7 may include, without limitation: 28
(a) Documentation of the submission by the contractor or 29
subcontractor of one or more requests, as applicable, pursuant to 30
subsection 7; and 31
(b) Documentation that the apprenticeship program denied such 32
a request, did not respond to such a request or responded that the 33
program was unable to provide the requested apprentice. 34
9. The contractor or subcontractor and the apprenticeship 35
program shall coordinate the starting date for any apprentice 36
provided by the program. 37
10. On or before February 15 of each year, a contractor or 38
subcontractor engaged in vertical or horizontal construction, as 39
applicable, who employs a worker on one or more public works 40
pursuant to NRS 338.040 shall report to the Labor Commissioner, 41
on the form prescribed by the Labor Commissioner, the following 42
information regarding those public works for the previous calendar 43
year: 44
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(a) For each apprenticed craft or type of work, the total number 1
of hours worked on vertical construction. 2
(b) For each apprenticed craft or type of work, the total number 3
of hours worked on horizontal construction. 4
(c) For each apprenticed craft or type of work, the total number 5
of hours worked by apprentices on vertical construction. 6
(d) For each apprenticed craft or type of work, the total number 7
of hours worked by apprentices on horizontal construction. 8
(e) For each apprenticed craft or type of work, the percentage of 9
the total number of hours worked on vertical construction that were 10
worked by apprentices. 11
(f) For each apprenticed craft or type of work, the percentage of 12
the total number of hours worked on horizontal construction that 13
were worked by apprentices. 14
11. The information required to be reported pursuant to 15
subsection 10 must not include any identifying information about [a 16
public work or] an apprentice or employee. 17
12. If the Labor Commissioner, on his or her own initiative or 18
based on a complaint, makes a determination based on the 19
information submitted pursuant to subsection 10 that a contractor or 20
subcontractor did not make a good faith effort to comply with the 21
provisions of subsection 1 or 2, as applicable, the Labor 22
Commissioner shall notify the contractor or subcontractor in writing 23
of the determination and: 24
(a) Except as otherwise provided in paragraph (b), shall assess a 25
penalty as follows: 26
(1) If the apprentice utilization rate by the contractor or 27
subcontractor on vertical construction of a public work is: 28
(I) Seven and one-half percent or more but less than 10 29
percent of the total hours of labor worked for an apprenticed craft or 30
type of work, a penalty of $2,500 or $2 for each hour below the 31
percentage required, whichever is higher. 32
(II) More than 4 percent but less than 7.5 percent of the 33
total hours of labor worked for an apprenticed craft or type of work, 34
a penalty of $3,000 or $4 for each hour below the percentage 35
required, whichever is higher. 36
(III) Four percent or less of the total hours of labor 37
worked for an apprenticed craft or type of work, a penalty of $5,000 38
or $6 for each hour below the percentage required, whichever is 39
higher. 40
(2) If the apprentice utilization rate by the contractor or 41
subcontractor on horizontal construction of a public work is: 42
(I) Two percent or more but less than 3 percent of the 43
total hours of labor worked for an apprenticed craft or type of work, 44
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a penalty of $2,500 or $2 for each hour below the percentage 1
required, whichever is higher. 2
(II) More than 1 percent but less than 2 percent of the 3
total hours of labor worked for an apprenticed craft or type of work, 4
a penalty of $3,000 or $4 for each hour below the percentage 5
required, whichever is higher. 6
(III) One percent or less of the total hours of labor worked 7
for an apprenticed craft or type of work, a penalty of $5,000 or $6 8
for each hour below the percentage required, whichever is higher. 9
(b) Shall not assess a penalty if the total number of hours of 10
labor required to be worked by apprentices: 11
(1) On vertical construction pursuant to subsection 1, as 12
applicable, during the previous calendar year is less than 40 hours. 13
(2) On horizontal construction pursuant to subsection 2, as 14
applicable, during the previous calendar year is less than 24 hours. 15
13. Except for good cause, the Labor Commissioner may not 16
initiate his or her own investigation or accept a complaint based on 17
the information submitted by a contractor or subcontractor pursuant 18
to subsection 10 after May 1 immediately following the date on 19
which the report was received by the Labor Commissioner. 20
14. In addition to the penalties set forth in subsection 12, if the 21
Labor Commissioner, on his or her own initiative or based on a 22
complaint, makes a determination that a contractor or subcontractor 23
did not submit the report required pursuant to subsection 10 or made 24
no attempt to comply with the provisions of subsection 1 or 2, as 25
applicable, the Labor Commissioner shall: 26
(a) Impose a penalty of not less than $10,000 but not more than 27
$75,000; or 28
(b) Disqualify the contractor or subcontractor from being 29
awarded a contract for a public work for at least 180 days but not 30
more than 2 years. 31
15. A contractor or subcontractor may request a hearing on the 32
determination of the Labor Commissioner pursuant to subsection 12 33
or 14 within 10 days after receipt of the determination of the Labor 34
Commissioner. The hearing must be conducted in accordance with 35
regulations adopted by the Labor Commissioner. If the Labor 36
Commissioner does not receive a request for a hearing pursuant to 37
this subsection, the determination of the Labor Commissioner is a 38
final decision for the purposes of judicial review pursuant to chapter 39
233B of NRS. 40
16. A contractor or subcontractor who is not a signatory to a 41
collective bargaining agreement with the union sponsoring the 42
apprenticeship program for an apprenticed craft or type of work 43
engaged on a public work shall enter into an apprenticeship 44
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agreement for each apprentice required to be used in the 1
construction of a public work. 2
17. As used in this section: 3
(a) “Apprentice” means a person enrolled in an apprenticeship 4
program recognized by the State Apprenticeship Council. 5
(b) “Apprenticed craft or type of work” means a craft or type of 6
work for which there is an existing apprenticeship program 7
recognized by the State Apprenticeship Council. 8
(c) “Apprenticeship program” means an apprenticeship program 9
recognized by the State Apprenticeship Council. 10
(d) “Journeyman” has the meaning ascribed to it in 11
NRS 624.260. 12
(e) “State Apprenticeship Council” means the State 13
Apprenticeship Council created by NRS 610.030. 14
Sec. 2. NRS 338.013 is hereby amended to read as follows: 15
338.013 1. A public body that undertakes a public work shall 16
request from the Labor Commissioner [, and include in any 17
advertisement or other type of solicitation,] an identifying number 18
with a designation of the work [.] not less than 10 days before any 19
advertisement or other type of solicitation is published or made for 20
the public work. That number must be included in any such 21
advertisement or solicitation or any bid or other document 22
submitted in response to the advertisement or [other type of] 23
solicitation. 24
2. Each public body which awards a contract for any public 25
work shall report its award to the Labor Commissioner within 10 26
days after the award, giving the name and address of the contractor 27
to whom the public body awarded the contract and the identifying 28
number for the public work. 29
3. Each contractor engaged on a public work shall report to the 30
Labor Commissioner and the public body that awarded the contract 31
the name and address of each subcontractor whom the contractor 32
engages for work on the project within 10 days after the 33
subcontractor commences work on the contract and the identifying 34
number for the public work. 35
4. The public body which awarded the contract shall report the 36
completion of all work performed under the contract to the Labor 37
Commissioner before the final payment of money due the contractor 38
by the public body. 39
5. If a public body fails to comply with subsection 2 or 4, the 40
Labor Commissioner shall impose against the public body a 41
penalty of $50 for each calendar day or portion thereof that the 42
public body is not in compliance. 43
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Sec. 3. NRS 338.015 is hereby amended to read as follows: 1
338.015 1. The Labor Commissioner shall enforce the 2
provisions of NRS 338.010 to 338.130, inclusive. 3
2. Except as otherwise provided in NRS 338.035 and in 4
addition to any other remedy or penalty provided in this chapter, if 5
any person, including, without limitation, a public body, violates 6
any provision of NRS 338.010 to 338.130, inclusive, or any 7
regulation adopted pursuant thereto, the Labor Commissioner may, 8
after providing the person with notice and an opportunity for a 9
hearing, impose against the person an administrative penalty of 10
[not] : 11
(a) Not more than $5,000 for [each such violation.] the first 12
violation; and 13
(b) Not less than $5,000 for each subsequent violation. 14
3. The Labor Commissioner may, by regulation, establish a 15
sliding scale based on the severity of the violation to determine the 16
amount of the administrative penalty to be imposed against the 17
person pursuant to this section. 18
4. The Labor Commissioner shall report the violation to the 19
Attorney General, and the Attorney General may prosecute the 20
person in accordance with law. 21
Sec. 4. NRS 338.017 is hereby amended to read as follows: 22
338.017 1. If any administrative penalty is imposed pursuant 23
to this chapter against a [person] contractor or subcontractor for 24
the commission of an offense, [that person,] the Labor 25
Commissioner may take the following actions against the 26
contractor or subcontractor and the corporate officers, if any, of 27
[that person, may not be awarded a contract for a public work:] the 28
contractor or subcontractor: 29
(a) [For] Issue a warning for the first offense . [,] 30
(b) Disqualify the contractor or subcontractor and any 31
corporate officers thereof from being awarded a contract for a 32
public work or entering into a contract to perform work on a 33
public work, as applicable: 34
(1) For the second offense, for a period of [3 years] 180 35
days after the date of the imposition of the administrative penalty; 36
[and 37
(b)] (2) For the third offense, for a period of 1 year after the 38
date of the imposition of the administrative penalty; and 39
(3) For the [second] fourth or subsequent offense, for a 40
period of [5] 3 years after the date of the imposition of the 41
administrative penalty. 42
2. A person, and the corporate officers, if any, of that person, 43
who is identified in the System for Award Management Exclusions 44
operated by the General Services Administration as being excluded 45
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from receiving contracts from the Federal Government pursuant to 1
48 C.F.R. §§ 9.400 et seq. as a result of being debarred may not be 2
awarded a contract for a public work for the period of debarment of 3
the contractor from receiving contracts from the Federal 4
Government. 5
3. The Labor Commissioner, upon learning that a contractor 6
has been excluded from receiving contracts from the Federal 7
Government pursuant to 48 C.F.R. §§ 9.400 et seq. as a result of 8
being debarred, shall disqualify the contractor from being awarded a 9
contract for a public work as provided in subsection 2. 10
4. The Labor Commissioner shall notify the State Contractors’ 11
Board of each contractor or subcontractor who is [prohibited or] 12
disqualified from being awarded a contract for a public work 13
pursuant to this section. 14
Sec. 5. NRS 338.070 is hereby amended to read as follows: 15
338.070 1. Any public body awarding a contract shall [:] , 16
within 30 days after substantial completion of the contract: 17
(a) Investigate possible violations of the provisions of NRS 18
338.010 to 338.090, inclusive, committed in the course of the 19
execution of the contract, and determine whether a violation has 20
been committed and inform the Labor Commissioner of any such 21
violations; [and] or 22
(b) Refer a possible violation of the provisions of NRS 338.010 23
to 338.090, inclusive, to the Public Works Compliance Division in 24
the Office of Labor Commissioner. Such a referral must be made 25
on a form prescribed by the Labor Commissioner. 26
2. [When] Except as otherwise provided in this subsection, 27
when making payments to the contractor engaged on the public 28
work of money becoming due under the contract, a public body 29
shall withhold and retain all sums forfeited pursuant to the 30
provisions of NRS 338.010 to 338.090, inclusive. 31
[2.] No sum may be withheld, retained or forfeited, except 32
from the final payment, without a full investigation being made by 33
the awarding public body [.] or the Public Works Compliance 34
Division pursuant to section 7 of this act. 35
3. Except as otherwise provided in subsection 7, it is lawful for 36
any contractor engaged on a public work to withhold from any 37
subcontractor engaged on the public work sufficient sums to cover 38
any penalties withheld from the contractor by the awarding public 39
body on account of the failure of the subcontractor to comply with 40
the terms of NRS 338.010 to 338.090, inclusive. If payment has 41
already been made to the subcontractor, the contractor may recover 42
from the subcontractor the amount of the penalty or forfeiture in a 43
suit at law. 44
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4. A contractor engaged on a public work and each 1
subcontractor engaged on the public work shall: 2
(a) Inquire of each worker employed by the contractor or 3
subcontractor in connection with the public work: 4
(1) Whether the worker wishes to specify voluntarily his or 5
her gender; and 6
(2) Whether the worker wishes to specify voluntarily his or 7
her ethnicity; and 8
(b) For each response the contractor or subcontractor receives 9
pursuant to paragraph (a): 10
(1) If the worker chose voluntarily to specify his or her 11
gender or ethnicity, or both, record the worker’s responses; and 12
(2) If the worker declined to specify his or her gender or 13
ethnicity, or both, record that the worker declined to specify such 14
information. 15
A contractor or subcontractor shall not compel or coerce a worker 16
to specify his or her gender or ethnicity and shall not penalize or 17
otherwise take any adverse action against a worker who declines to 18
specify his or her gender or ethnicity. Before inquiring as to whether 19
a worker wishes to specify voluntarily his or her gender or ethnicity, 20
the applicable contractor or subcontractor must inform the worker 21
that such information, if provided, will be open to public inspection 22
as set forth in subsection 6. 23
5. A contractor engaged on a public work and each 24
subcontractor engaged on the public work shall keep or cause to be 25
kept: 26
(a) An accurate record showing, for each worker employed by 27
the contractor or subcontractor in connection with the public work: 28
(1) The name of the worker; 29
(2) The occupation of the worker; 30
(3) The gender of the worker, if the worker voluntarily 31
agreed to specify that information pursuant to subsection 4, or an 32
entry indicating that the worker declined to specify such 33
information; 34
(4) The ethnicity of the worker, if the worker voluntarily 35
agreed to specify that information pursuant to subsection 4, or an 36
entry indicating that the worker declined to specify such 37
information; 38
(5) If the worker has a driver’s license or identification card, 39
an indication of the state or other jurisdiction that issued the license 40
or card; and 41
(6) The actual per diem, wages and benefits paid to the 42
worker; and 43
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(b) An additional accurate record showing, for each worker 1
employed by the contractor or subcontractor in connection with the 2
public work who has a driver’s license or identification card: 3
(1) The name of the worker; 4
(2) The driver’s license number or identification card number 5
of the worker; and 6
(3) The state or other jurisdiction that issued the license or 7
card. 8
6. The records maintained pursuant to subsection 5 must be 9
open at all reasonable hours to the inspection of the public body 10
awarding the contract. The contractor engaged on the public work or 11
subcontractor engaged on the public work shall ensure that a copy of 12
each record for each calendar month is received by the public body 13
awarding the contract no later than 15 days after the end of the 14
month. The copy of the record maintained pursuant to paragraph (a) 15
of subsection 5 must be open to public inspection as provided in 16
NRS 239.010. The copy of the record maintained pursuant to 17
paragraph (b) of subsection 5 is confidential and not open to public 18
inspection. The records in the possession of the public body 19
awarding the contract may be discarded by the public body 2 years 20
after final payment is made by the public body for the public work. 21
The Labor Commissioner shall adopt regulations authorizing and 22
prescribing the procedures for the electronic filing of the copies of 23
the records required to be provided monthly by a contractor or 24
subcontractor to a public body pursuant to this subsection. 25
7. A contractor engaged on a public work shall not withhold 26
from a subcontractor engaged on the public work the sums 27
necessary to cover any penalties provided pursuant to subsection 3 28
of NRS 338.060 that may be withheld from the contractor by the 29
public body awarding the contract because the public body did not 30
receive a copy of the record maintained by the subcontractor 31
pursuant to subsection 5 for a calendar month by the time specified 32
in subsection 6 if: 33
(a) The subcontractor provided to the contractor, for submission 34
to the public body by the contractor, a copy of the record not later 35
than the later of: 36
(1) Ten days after the end of the month; or 37
(2) A date agreed upon by the contractor and subcontractor; 38
and 39
(b) The contractor failed to submit the copy of the record to the 40
public body by the time specified in subsection 6. 41
Nothing in this subsection prohibits a subcontractor from 42
submitting a copy of a record for a calendar month directly to the 43
public body by the time specified in subsection 6. 44
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8. Any contractor or subcontractor, or agent or representative 1
thereof, performing work for a public work who neglects to comply 2
with the provisions of this section is guilty of a misdemeanor. 3
9. If the Labor Commissioner finds that a public body has 4
failed to comply with the requirements of subsection 1, the Labor 5
Commissioner shall impose against the public body: 6
(a) A fee of $1,000 for each contractor or subcontractor found 7
to be in violation of the provisions of NRS 338.010 to 338.090, 8
inclusive, on the public work; and 9
(b) An administrative penalty of $2,000 for each contractor or 10
subcontractor found to be in violation of the provisions of NRS 11
338.010 to 338.090, inclusive, on the public work. 12
10. As used in this section, “substantial completion” means 13
that the construction of a public work is, in accordance with the 14
contract documents, sufficiently complete that the owner can 15
occupy and use the public work as intended. 16
Sec. 6. NRS 338.090 is hereby amended to read as follows: 17
338.090 1. Except as otherwise provided in subsection 5, any 18
person, including the officers, agents or employees of a public body, 19
who violates any provision of NRS 338.010 to 338.090, inclusive, 20
or any regulation adopted pursuant thereto, is guilty of a 21
misdemeanor. 22
2. The Labor Commissioner, in addition to any other remedy or 23
penalty provided in this chapter: 24
(a) Shall, except as otherwise provided in subsection 4, assess a 25
person who, after an opportunity for a hearing, is found to have 26
failed to pay the prevailing wage required pursuant to NRS 338.020 27
to 338.090, inclusive, an amount equal to the difference between the 28
prevailing wages required to be paid and the wages that the 29
contractor or subcontractor actually paid; 30
(b) Shall require a person found to have [willfully and] 31
repeatedly failed to pay the prevailing wage required pursuant to 32
NRS 338.020 to 338.090, inclusive, to pay damages to each affected 33
worker in an amount equal to the difference between the prevailing 34
wages required to be paid and the wages that the contractor or 35
subcontractor actually paid to the worker; and 36
(c) May, in addition to any other administrative penalty, impose 37
an administrative penalty not to exceed the costs incurred by the 38
Labor Commissioner to investigate and prosecute the matter. 39
3. If the Labor Commissioner finds that a person has failed to 40
pay the prevailing wage required pursuant to NRS 338.020 to 41
338.090, inclusive, the public body may, in addition to any other 42
remedy or penalty provided in this chapter, require the person to pay 43
the actual costs incurred by the public body to investigate the 44
matter. 45
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4. The Labor Commissioner is not required to assess a person 1
an amount equal to the difference between the prevailing wages 2
required to be paid and the wages that the contractor or 3
subcontractor actually paid if the contractor or subcontractor has 4
already paid that amount to a worker pursuant to paragraph (c) of 5
subsection 4 of NRS 338.035. 6
5. The provisions of subsection 1 do not apply to a 7
subcontractor specified in NRS 338.072. 8
Sec. 7. Chapter 607 of NRS is hereby amended by adding 9
thereto a new section to read as follows: 10
The Public Works Compliance Division shall: 11
1. At the direction of the Labor Commissioner or upon 12
receipt of a referral made by a public body pursuant to 13
NRS 338.070: 14
(a) Investigate possible violations of the provisions of NRS 15
338.010 to 338.090, inclusive; and 16
(b) Submit to the Labor Commissioner a written report 17
concerning an investigation conducted pursuant to paragraph (a). 18
If the investigation was conducted pursuant to a referral made by 19
a public body pursuant to NRS 338.070, a copy of the report must 20
be provided to the public body. 21
2. Perform any other duties related to the enforcement of 22
NRS 338.010 to 338.130, inclusive, as directed by the Labor 23
Commissioner. 24
Sec. 8. NRS 607.010 is hereby amended to read as follows: 25
607.010 The Office of Labor Commissioner is hereby created. 26
The Office consists of the Labor Commissioner and the Public 27
Works Compliance Division. 28
Sec. 9. NRS 607.060 is hereby amended to read as follows: 29
607.060 The Labor Commissioner may employ: 30
1. One Chief Assistant, who is in the unclassified service of the 31
State. 32
2. Stenographic, clerical and statistical assistance. 33
3. Any personnel necessary to carry out the duties of the 34
Public Works Compliance Division. 35
Sec. 10. NRS 607.130 is hereby amended to read as follows: 36
607.130 Upon the written request of the Office of Labor 37
Commissioner, all state and county officers shall furnish all 38
information in their power necessary to assist in carrying out the 39
objects of this chapter. 40
Sec. 11. 1. This section becomes effective upon passage and 41
approval. 42
2. Sections 1 to 10, inclusive, of this act become effective: 43
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(a) Upon passage and approval for the purpose of adopting any 1
regulations and performing any other preparatory administrative 2
tasks that are necessary to carry out the provisions of this act; and 3
(b) On January 1, 2026, for all other purposes. 4
H