Nevada Prevailing Wage Information
NEVADA PREVAILING WAGE INFORMATION
GENERAL INFORMATION
The Office of Labor Commissioner, Department of Business and Industry, has jurisdiction over prevailing wage issues in Nevada as well as jurisdiction of certain apprenticeship programs, enforcement of private wage law (such as minimum wage, overtime compensation, and child labor), and regulation of employment agencies.
Procedure of Establishing Wages
NRS 338.030 specifies the procedures to be followed by the Labor Commissioner in establishing prevailing wages for each county, and those wages must be paid on all public works projects that are subject to the prevailing wage provisions of Chapter 338 (“Public Works”) of NRS. To establish a prevailing wage in each county, the Labor Commissioner conducts an annual survey of contractors who have performed work in the county. In certain circumstances, the Labor Commissioner may also consider other sources of wage information including, but not limited to, contracts determined through a collective bargaining process; wage rates determined by officials of the federal government for public construction; and other information furnished by state and federal agencies. In Nevada, the exemptions from the provisions of the prevailing wage law are found in NRS 338.080 and include work for a railroad company, certain apprentices, and public works projects under $100,000.
Failure to pay the prevailing wage is a misdemeanor for which an offender may be required to pay the difference between the prevailing wage and the actual wage paid and an administrative fine in an amount necessary to cover the cost of the investigation.
THRESHOLD
In Nevada, for prevailing wage regulations to apply, a public works project must exceed $250,000.
TIMING OF WAGE DETERMINATIONS & INCREASES
In Nevada, prevailing wage determinations are published on October 1 annually. Once rates are published, all increases and decreases are established only if an “Amendment” is made. One reason for amending the rate is a clerical error made on the part of the Nevada State Labor Commissioner.
OVERTIME
In Nevada, an hours worked in excess of eight hours per day or forty hours per week must be paid at an overtime rate of one and one-half times. One exception to this rule is if a mutual agreement exists between the employer and employee to work ten hours per day for four calendar days. Nevada prevailing wage law does not have daily overtime rates per trade classification.
WORKING ON WEEKENDS
Nevada prevailing wage law does not have different rates per trade classification for working on the weekend.
WORKING ON LEGAL HOLIDAYS
Nevada prevailing wage law does not have different rates per trade classification for working on legal holidays.
SHIFT DIFFERENTIALS
Generally, Nevada doesn’t have different prevailing wage rates per trade depending on the shift worked by the contractor. However, one exception to this rule is that operator engineers are paid different rates depending on the shift worked throughout the day. The rates are controlled by the CBA that establishes prevailing wage rates for the year.
FRINGE BENEFITS
Pursuant to NRS 338.010(24)(a), “prevailing wages,” are defined as the basic hourly rate of pay and fringe benefits. Fringe benefits include:
1) pension
2) health and welfare
3) vacation pay
4) holiday pay
5) the cost of apprenticeship training or other similar programs
6) OR other bona fide fringe benefits which are a benefit to the worker.”
TRAINING CONTRIBUTION
Nevada prevailing wage law does provide training contribution for trade classifications:
Some examples of contribution include:
1) health and welfare;
2) training;
3) any benefits the employer provides to the employee;
4) pension; and
5) insurance.
Pension, insurance, and other rates determined by the employer vary depending on trade classification.
APPRENTICE REQUIREMENTS
The State of Nevada has two primary requirements for apprentices:
1) apprentice employee must be employed by a bone fide apprentice program;
2) and the program must be registered with the Nevada State Apprenticeship Counsel
Additionally, prevailing wages for apprentices are determined by the apprentice agreement.
TRAVEL AND SUBSISTENCE
Nevada prevailing wage law does not compensate workers for travel and subsistence. Instead, Nevada established a “zone rate” which generally varies from $1-$12 which is added to the prevailing wage rate. Zone rates are usually calculated depending on the mileage from a specified location in the zone rates tables to the jobsite (not from the contractor’s house to the job site). For example, an operating engineer’s zone rate is calculated from Washington County courthouse to the jobsite.
To access Nevada’s zone rate tables, please visit this and follow the instructions listed below: http://www.laborcommissioner.com/prevailingwage_2015%20counties.html
Once you click on the webpage listed above, click on the name of the county that you would like to view rates for. Next, click on the trade classification you would like to view the zone rate for. Finally, click on “ADD ZONE RATE” to view the zone rates for this trade.
CONTRACTOR LICENSING
The Nevada State Contractor Board (the Board) requires that all contractors maintain a license in the trade that they are practicing and the Board is in charge of granting contractor licenses.
The two primary requirements for obtaining a license are: 1) at least four years of experience in the trade of practice; and 2) passing a background check.
To access the contractor licensing forms, please call (702) 486 1100 or click on the link below:
Access the Contractor Licensing Forms
PENALTIES
Anyone that violates any provisions of the Nevada prevailing wage law (including officers, agents, or employees of a public body) is guilty of a misdemeanor. NRS 338.090. Moreover, in addition to this penalty, the Labor Commissioner may also do the following:
1) assess a person that (after an opportunity for a hearing) failed to pay the prevailing wage rate inclusive of an amount equal to the difference between the prevailing wages paid and the wages that the contractor/subcontractor actually paid.
2) Impose an administrative penalty that doesn’t exceed the costs incurred by the Labor Commissioner to investigate and prosecute the matter. If the Labor Commissioner concludes that an employer failed to pay the correct prevailing wage, the public body may require the person to pay the actual costs incurred by the public body to investigate the matter.
3) Penalties issued on a sliding scale of $20-$50 per day per worker. NAC 338.120
DEBARMENT
Nevada’s DOL maintains a “Disqualification List” consisting of all debarred employees to date.
Please click the following link to view the Disqualification List
HELPFUL LINKS
Nevada prevailing wage laws and regulations (Wages—NRS 338.009 – 338.090)
Nevada Administrative Code (NAC Ch. 338)
2014-2015 prevailing wage rates by county
Residential weatherization by county
List of disqualified contractors
Weekly certified payroll report
Statement of compliance
Federal Davis-Bacon wage determinations
CONTACT INFORMATION
Las Vegas Office
Office of the Labor Commissioner
555 E. Washington Ave., Suite 4100
Las Vegas, NV 89101
Phone: (702) 486-2650
Fax: (702) 486-2660
Email: [email protected]
Carson City Office
Office of Labor Commissioner
675 Fairview Drive, Suite 226
Carson City, NV 89701
Phone: (775) 687-4850
Fax: (775) 687-6409
Email: [email protected]
GENERAL INFORMATION
The Office of Labor Commissioner, Department of Business and Industry, has jurisdiction over prevailing wage issues in Nevada as well as jurisdiction of certain apprenticeship programs, enforcement of private wage law (such as minimum wage, overtime compensation, and child labor), and regulation of employment agencies.
Procedure of Establishing Wages
NRS 338.030 specifies the procedures to be followed by the Labor Commissioner in establishing prevailing wages for each county, and those wages must be paid on all public works projects that are subject to the prevailing wage provisions of Chapter 338 (“Public Works”) of NRS. To establish a prevailing wage in each county, the Labor Commissioner conducts an annual survey of contractors who have performed work in the county. In certain circumstances, the Labor Commissioner may also consider other sources of wage information including, but not limited to, contracts determined through a collective bargaining process; wage rates determined by officials of the federal government for public construction; and other information furnished by state and federal agencies. In Nevada, the exemptions from the provisions of the prevailing wage law are found in NRS 338.080 and include work for a railroad company, certain apprentices, and public works projects under $100,000.
Failure to pay the prevailing wage is a misdemeanor for which an offender may be required to pay the difference between the prevailing wage and the actual wage paid and an administrative fine in an amount necessary to cover the cost of the investigation.
THRESHOLD
In Nevada, for prevailing wage regulations to apply, a public works project must exceed $250,000.
TIMING OF WAGE DETERMINATIONS & INCREASES
In Nevada, prevailing wage determinations are published on October 1 annually. Once rates are published, all increases and decreases are established only if an “Amendment” is made. One reason for amending the rate is a clerical error made on the part of the Nevada State Labor Commissioner.
OVERTIME
In Nevada, an hours worked in excess of eight hours per day or forty hours per week must be paid at an overtime rate of one and one-half times. One exception to this rule is if a mutual agreement exists between the employer and employee to work ten hours per day for four calendar days. Nevada prevailing wage law does not have daily overtime rates per trade classification.
WORKING ON WEEKENDS
Nevada prevailing wage law does not have different rates per trade classification for working on the weekend.
WORKING ON LEGAL HOLIDAYS
Nevada prevailing wage law does not have different rates per trade classification for working on legal holidays.
SHIFT DIFFERENTIALS
Generally, Nevada doesn’t have different prevailing wage rates per trade depending on the shift worked by the contractor. However, one exception to this rule is that operator engineers are paid different rates depending on the shift worked throughout the day. The rates are controlled by the CBA that establishes prevailing wage rates for the year.
FRINGE BENEFITS
Pursuant to NRS 338.010(24)(a), “prevailing wages,” are defined as the basic hourly rate of pay and fringe benefits. Fringe benefits include:
1) pension
2) health and welfare
3) vacation pay
4) holiday pay
5) the cost of apprenticeship training or other similar programs
6) OR other bona fide fringe benefits which are a benefit to the worker.”
TRAINING CONTRIBUTION
Nevada prevailing wage law does provide training contribution for trade classifications:
Some examples of contribution include:
1) health and welfare;
2) training;
3) any benefits the employer provides to the employee;
4) pension; and
5) insurance.
Pension, insurance, and other rates determined by the employer vary depending on trade classification.
APPRENTICE REQUIREMENTS
The State of Nevada has two primary requirements for apprentices:
1) apprentice employee must be employed by a bone fide apprentice program;
2) and the program must be registered with the Nevada State Apprenticeship Counsel
Additionally, prevailing wages for apprentices are determined by the apprentice agreement.
TRAVEL AND SUBSISTENCE
Nevada prevailing wage law does not compensate workers for travel and subsistence. Instead, Nevada established a “zone rate” which generally varies from $1-$12 which is added to the prevailing wage rate. Zone rates are usually calculated depending on the mileage from a specified location in the zone rates tables to the jobsite (not from the contractor’s house to the job site). For example, an operating engineer’s zone rate is calculated from Washington County courthouse to the jobsite.
To access Nevada’s zone rate tables, please visit this and follow the instructions listed below: http://www.laborcommissioner.com/prevailingwage_2015%20counties.html
Once you click on the webpage listed above, click on the name of the county that you would like to view rates for. Next, click on the trade classification you would like to view the zone rate for. Finally, click on “ADD ZONE RATE” to view the zone rates for this trade.
CONTRACTOR LICENSING
The Nevada State Contractor Board (the Board) requires that all contractors maintain a license in the trade that they are practicing and the Board is in charge of granting contractor licenses.
The two primary requirements for obtaining a license are: 1) at least four years of experience in the trade of practice; and 2) passing a background check.
To access the contractor licensing forms, please call (702) 486 1100 or click on the link below:
Access the Contractor Licensing Forms
PENALTIES
Anyone that violates any provisions of the Nevada prevailing wage law (including officers, agents, or employees of a public body) is guilty of a misdemeanor. NRS 338.090. Moreover, in addition to this penalty, the Labor Commissioner may also do the following:
1) assess a person that (after an opportunity for a hearing) failed to pay the prevailing wage rate inclusive of an amount equal to the difference between the prevailing wages paid and the wages that the contractor/subcontractor actually paid.
2) Impose an administrative penalty that doesn’t exceed the costs incurred by the Labor Commissioner to investigate and prosecute the matter. If the Labor Commissioner concludes that an employer failed to pay the correct prevailing wage, the public body may require the person to pay the actual costs incurred by the public body to investigate the matter.
3) Penalties issued on a sliding scale of $20-$50 per day per worker. NAC 338.120
DEBARMENT
Nevada’s DOL maintains a “Disqualification List” consisting of all debarred employees to date.
Please click the following link to view the Disqualification List
HELPFUL LINKS
Nevada prevailing wage laws and regulations (Wages—NRS 338.009 – 338.090)
Nevada Administrative Code (NAC Ch. 338)
2014-2015 prevailing wage rates by county
Residential weatherization by county
List of disqualified contractors
Weekly certified payroll report
Statement of compliance
Federal Davis-Bacon wage determinations
CONTACT INFORMATION
Las Vegas Office
Office of the Labor Commissioner
555 E. Washington Ave., Suite 4100
Las Vegas, NV 89101
Phone: (702) 486-2650
Fax: (702) 486-2660
Email: [email protected]
Carson City Office
Office of Labor Commissioner
675 Fairview Drive, Suite 226
Carson City, NV 89701
Phone: (775) 687-4850
Fax: (775) 687-6409
Email: [email protected]
