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State Labor Laws, 2003 - page 18 / 27





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State Labor Laws, 2003

or charge includes the issuance of the final order after hearing, the determination of rea- sonable cause or no reasonable cause, and any other administrative action that ends the commission’s involvement.

Other laws. ANon-English-Speaking Work- ers Protection Act was adopted, merging the functions of the existing Meatpacking In- dustry Worker Rights Coordinator position and the Non-English-Speaking workers pro- gram to achieve General Fund expenditure savings.

Canvassing board members or any other election workers were added to coverage of the law protecting judges, clerks of election, precinct or district inspectors from dis- charge, loss of pay, loss of overtime pay, loss of sick leave, loss of vacation time, the threat of any such action, or any other form of penalty as a result of their absence from work due to such service in any county if reasonable notice has been given to the em- ployer. An employer may reduce the pay of an employee for each hour of work missed by an amount equal to the hourly compen- sation other than expenses paid to the em- ployee by the county for such service.


Wages. The law establishing the duties of the Commissioner of Labor was amended to provide that except where enforcement au- thority is vested in another officer, board, or commission, the Labor Commissioner is to enforce all labor laws of the State, including those relating to compensation, wages and hours, occupational safety and health, and public works projects, without regard to whether an employee is lawfully or unlaw- fully employed.

workers employed by them on a public work not less than one and one-half times the pre- vailing rate of wages applicable to the class of the mechanic or worker. This rate shall apply whenever the mechanic or workman works: 1) more than 40 hours in any sched- uled workweek or 2) more than 8 hours in any workday unless by mutual agreement the mechanic or worker works a scheduled 10 hours per day for 4 calendar days in any scheduled workweek.

The prevailing wage law was amended so that a contractor engaged on a public work shall forfeit a penalty of not less than $20 and not more than $50 for each calendar day, or portion thereof, for each worker employed on the project for which the contractor or subcontractor willfully included inaccurate or incomplete information in the monthly record required to be submitted to the public body. Similar penalties shall be assessed for each day a worker employed on the project is not reported by the contractor or any sub- contractor up to a maximum of $1,000 for a first violation and $5,000 for subsequent vio- lations. If a violation involves more than one provision of the law for the same worker, the contractor shall forfeit the penalty as- sessed for each violation. The Labor Com- missioner may, for good cause shown, waive or reduce any penalty imposed under the Act.

The law relating to public works con- tracts let by public bodies or the Depart- ment of Transportation for the construction, maintenance, or operation of transportation facilities was amended to specify that con- tracts awarded to design-build teams must comply with the provisions of the law re- quiring the payment of prevailing wage rates on public works projects.

A resolution was adopted recognizing April 15, 2003, as Equal Pay Day in Nevada and encouraging all employers in the State to compensate all employees fairly, based on an objective evaluation of their jobs, consid- ering factors such as the skill, effort, respon- sibility and working conditions required for each job. The resolution also congratulates public and private employers in Nevada for ranking among the highest in the Nation in paying their employees equal pay for equal work.

The law relating to the payment of pre- vailing wages on public works projects was amended. Except, where the workers or mechanics are covered by a collective bar- gaining agreement which provides that the mechanic or worker will work a scheduled 10 hours per day for 4 calendar days within any scheduled workweek, contractors or subcontractors are to pay mechanics or

Child labor. A law was enacted providing for the judicial approval of contracts for the artistic, creative or athletic services or the intellectual property of minors under age 18. The term of such contracts may not extend beyond 5 years from the date of approval by the court. The contract must be shown to be objectively fair and reasonable; consistent with industry standards; consistent and in compliance with the laws of Nevada, includ- ing the laws governing the conduct and em- ployment of minors; and in the best inter- ests of the minor. Upon granting approval of a contract, the court will issue an order appointing a special guardian to receive and hold from 15 to 50 percent of the net earn- ings of the minor to be set aside for the ben- efit of the minor. A contract approved by the court may not later be disaffirmed by the minor.


Monthly Labor Review

January 2004

Inmate labor. The section of the Depart- ment of Corrections code pertaining to the disposition of funds received from the op- eration of conservation camps was amended to make the State Forester Firewarden re- sponsible for determining the amount of wages that must be paid to offenders who participate in conservation camps and who perform work relating to fire fighting and other work projects of conservation camps.

Department of labor. Labor law provisions enforced by the Commissioner for certain violations of labor laws and regulations were amended. Employers who violate a labor law or regulation or refuse to furnish re- quired information are guilty of a misde- meanor and may now be assessed up to a $500 administrative penalty for such viola- tions in addition to other fines. Such per- sons must be provided notice and an oppor- tunity for a hearing before any fines are fi- nalized. Additionally, employers may not change an established regular payday or place of payment unless, not fewer than 7 days before the change is made, affected employees are provided with written no- tice. It is now unlawful for an employer to pay employees’ lower wages, salary, or compensation than the amount earned when the work was performed. Additionally, employers may not decrease employees’ wages, salary, or compensation unless the employer either provides written notice 7 days before the decrease or follows the pro- visions of any collective bargaining agree- ment in effect. The Commissioner may as- sess a fine of not more than $5,000 for each violation of these provisions.

New Jersey

Wages. The Delaware River and Bay au- thority, which was created pursuant to the “Delaware-New Jersey Compact,” is not to pay less than the prevailing wage rate to workers employed in the performance of any construction contract undertaken in con- nection with an authorized project. The pre- vailing wage rate will be the rate determined by the Commissioner of Labor under the New Jersey Prevailing Wage Act.

New Mexico

Wages. New legislation increased the State minimum wage rate from $4.25 to $5.15 per hour on July 1, 2003. The minimum wage rate for employees who regularly receive more than $30 a month in tips rose from $2.125 to $2.575 per hour. The employer may consider tips as part of wages, but such a wage credit is not to exceed 50 percent of the minimum wage.

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