Office Overview and Public Works Tutorial

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1 Office Overview and Public Works Tutorial

2 Mission Statement C-2 As the principal labor and industrial relations regulatory agency, the mission of the Office of the Labor Commissioner is to enforce all labor and industrial relations laws of the State of Nevada; to protect the interest of working families; and to provide for the fair and lawful conduct of commerce in Nevada.

3 Overview Nevada Revised Statutes (NRS) C AUTHORITY 608 COMPENSATION, WAGES and HOURS 609 EMPLOYMENT OF MINORS 610 APPRENTICESHIPS 611 EMPLOYMENT AGENCIES 613 EMPLOYMENT PRACTICES 338 PREVAILING WAGES

4 NRS 607 Defines the powers and duties of the Labor Commissioner. C-4 The Labor Commissioner shall enforce all labor laws of the State of Nevada the enforcement of which is not specifically and exclusively vested in any other officer, board or commission.

5 NRS 608 C-5 Sets forth the responsibilities of Nevada employers regarding the payment of wages, hours of service and fair compensation.

6 608 Issues C-6 Minimum wage: $7.25/h if the employee is offered qualified health insurance; qualified health insurance paid by the employee should not exceed 10 percent of the gross taxable income $8.25/h if an employee is not offered qualified health insurance Record Keeping: gross wage or salary, deductions, net cash or salary, number of hours per day, date of payment; the records have to be kept for 2 years from the date the information was recorded Overtime: 1 1/2 times an employee s regular wage rate if the employee works more than 8h/day or 40h/week unless the employee is exempt from overtime or works 4/10s Daily overtime for employees making 1 1/2 times or less of the minimum wage Payment: at least semimonthly and maintain the same scheduled paydays Paystub: itemized list of deductions showing the respective deductions made from the total amount of wages or compensation; any additional deduction must be authorized by the employee Breaks & Lunches: provide 10 minutes for each 3 1/2 hours worked and at least 30 minutes uninterrupted lunch break for employee working a continuous period of 8 hours Discharged/Resigned Payment: immediately or within three days terminated by the employer next regular payday or within 7 days resign or quit

7 608 Wage Claim Process Claims are filed either in person, over the counter or received in the mail. Our goal is to complete 90% of wage claim investigations within 90 days of opening the claim. C-7 Case Opened- Completed claim has been accepted and entered into the Labor Tracking System. Notice of Claim- Notice of Claim mailed to respondent, allowing15 days to respond. Investigation- Review objections to claim and investigate arguments made by either party. Determination/Close Claim- Investigated issue deemed violation of NRS or no violation/jurisdiction. Request Hearing/Final Order- Where a written objection is submitted in response to a Determination or no objection is received. 353C/Summary Judgment- No response to Final Order, legal process ends with debt transferred to the State Controllers Office.

8 NRS 610 C-8 Apprenticeship is a system of supervised training leading to certification in a trade, occupation or craft. It combines onthe-job training with classroom-related instruction. The Office of the Labor Commissioner s office provides administrative, as well as oversight functions to the State Apprenticeship Council. The Council administers the statutory provisions of NRS/NAC 610 and in doing so, provides for the registration of approved apprenticeship programs.

9 Overview NRS 338 NRS Chapter 338 defines a public work as any project funded in whole or in part from public money for the new construction, repair, or reconstruction of a public building, road, utility, etc. C-9 Certain projects are exempt, in whole or in part, from the requirements under NRS Chapter 338. These include: Contracts for less than $100,000 Emergency contracts

10 Administrative Process The Office of the Labor Commissioner: C-10 Issues public works identifying number Receives notices and tracks canceled/delayed public works projects Notifies prime contractors of the award of public works projects Maintain a list of the subcontractors on each project

11 Surveys Process C-11 Pursuant to NRS the Labor Commissioner will conduct a continuing program of obtaining and compiling information for use in determining prevailing rates of wages. The surveys are conducted pursuant to the provisions of NAC to NAC The kind of information that will be considered in making determinations of wage rates include: The locations, approximate costs, dates of construction and types of projects The number of hours for each recognized class of worker employed on each project The respective rate of wages paid to each recognized class of worker The names and addresses of the contractors and subcontractors

12 Survey Deadlines April 1 st : post surveys, instructions & press release issued C-12 July 15 th : deadline to submit surveys September 20 th : soft post to website October 1 st : rates are in effect October 31 st : last day for amendments w/o a hearing

13 Surveyed PWPY 2012 C wages which consisted of 36 classifications in 17 counties As a result, approximately 3,500 individual wage rates were generated.

14 338 Wage Claim/Complaint C-14 Types of Wage Claim/Complaints Self Audit Wage Claims Third Party Complaints Wage Claim/Complaints Process Preliminary Steps Contact the Contractor/prime contractor Employee Interviews Identify, contact and interview witnesses All investigations by the awarding body must be completed within 30 days unless an additional period of time is approved by the Labor Commission. Determination Assessment of Fines Disqualification Investigative Costs

15 Statistics CY 2012 ACTIVE PREVAILING WAGE CLAIMS/COMPLAINTS: 81 PREVAILING WAGE CLAIMS/COMPLAINTS FILED: 251 PREVAILING WAGE CLAIMS/COMPLAINTS CLOSED: 249 C-15 WAGES COLLECTED: $1,169, FORFEITURES COLLECTED: $ 245, PREVAILING WAGE ORDERS ISSUED: 222 From October 1, 2011 to September 30, 2012, the Labor Commissioner issued public works project numbers for 748 total projects. The total amount of these awarded projects equals $1,033,514,812.29

16 Thank you C-16 For complete NRS/NAC and contact information visit

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