Nevada Administrative Code

NAC 607.140 Execution of pleadings. (NRS 233B.050, 607.160) Every pleading, except a complaint brought by or on behalf of the Commissioner, must be signed and dated by the party submitting it. [Labor Comm’r Practice Rules § 5.2, eff. 3-30-75]—(NAC A by R134-03, 12-4-2003)

NAC 607.150 Availability of pleadings. (NRS 233B.050, 607.160) The Commissioner may direct that the party who filed a pleading make copies of it available to any other person who has requested copies, if the Commissioner first determines that the person making the request may be …

NAC 607.160 Method of service of documents. (NRS 233B.050, 607.160) Except as otherwise provided by a specific regulation, notices, determinations, findings of fact, opinions and orders of the Commissioner, and any document filed by a party, may be personally served upon a party …

NAC 607.170 Proof of service or otherwise successful transmittal of documents. (NRS 233B.050, 607.160) Each document that is required to be served must contain an acknowledgment of service, a certificate of mailing or other proof that the document was successfully transmitted by …

NAC 607.180 Amendment and construction of pleadings. (NRS 233B.050, 607.160) The Commissioner may allow any pleading to be amended or corrected or any omission to be supplied. Pleadings will be liberally construed, and defects which do not affect a substantial right of a party wi…

NAC 607.200 Claims, complaints or other pleadings; administrative complaints. (NRS 233B.050, 607.160) 1. Upon the filing with the Commissioner of: (a) A claim, complaint or other pleading which alleges a violation of, or seeks a remedy under, NRS 338.010 to 338.090, inclusive, or…

NAC 607.210 Answer to complaint. (NRS 233B.050, 607.160) 1. A respondent, within 15 days after being served with a copy of a complaint, shall file his or her answer to the complaint with the Commissioner and serve a copy of the answer on the complainant and every other person who…

NAC 607.300 Prehearing conference. (NRS 233B.050, 607.160) 1. If any party disputes a claim or complaint, the Commissioner may require the parties to appear before him or her at a prehearing conference at a time and place designated by the Commissioner to establish the issues to …

NAC 607.310 Presiding officer; notice of hearing. (NRS 233B.050, 607.160, 607.207) 1. Hearings of a matter before the Commissioner will be held before the Commissioner or an authorized representative thereof. 2. Notice of the place, date and hour of a hearing must be served in ac…

NAC 607.320 Subpoenas. (NRS 233B.050, 607.160, 607.207, 607.210) 1. Upon proper application, the Commissioner will issue subpoenas for the attendance of witnesses or the production of documents, books or other records at a hearing conducted by him or her. 2. Applications for subp…

NAC 607.330 Failure to appear; orders for conduct of hearings. (NRS 233B.050, 607.160, 607.207) 1. If the complainant or respondent fails to appear at a scheduled hearing and no continuance has been requested or granted, the Commissioner may: (a) Hear the evidence of the witnesse…

NAC 607.340 Conduct and exclusion of persons; petition to rescind exclusion. (NRS 233B.050, 607.160, 607.207) 1. Any person appearing in a proceeding shall conform to recognized standards of ethical and courteous conduct required before the courts of this State. Every party to a …

NAC 607.350 Preliminary procedure. (NRS 233B.050, 607.160, 607.207) The Commissioner or an authorized representative thereof will call the proceeding to order, take the appearances of the parties, hear and rule upon showings of direct and substantial interests from interested par…

NAC 607.360 Order of proceedings. (NRS 233B.050, 607.160, 607.207) Following a statement of the case and consideration of any preliminary matters by the Commissioner, testimony and argument will be heard at a hearing in the following order unless otherwise set forth in the notice…

NAC 607.370 Testimony under oath. (NRS 233B.050, 607.160, 607.207) All testimony to be considered in hearings will be taken under oath. Before taking the witness stand, each person shall swear before the Commissioner to the truthfulness of the testimony the person is about to giv…

NAC 607.380 Consolidation of proceedings. (NRS 233B.050, 607.160, 607.207) 1. The Commissioner may consolidate two or more proceedings into one hearing whenever it appears that the issues are substantially the same and the interests of the parties will not be prejudiced by consol…

NAC 607.410 Rules of evidence; effect of informality. (NRS 233B.050, 607.160, 607.207) 1. In conducting an investigation, inquiry or hearing, the Commissioner is not bound by the technical rules of evidence and no informality in any proceeding or in the manner or order of taking …

NAC 607.420 Stipulations. (NRS 233B.050, 607.160, 607.207) 1. With the approval of the Commissioner, the parties may stipulate to any fact at issue by written stipulation introduced in evidence as an exhibit or by oral statements shown upon the record. 2. Any stipulation is bindi…

NAC 607.430 Depositions. (NRS 233B.050, 607.160, 607.207) The Commissioner or any party to any proceeding may depose witnesses in the manner prescribed by the Nevada Rules of Civil Procedure. [Labor Comm’r Practice Rules § 7.11, eff. 3-30-75]—(NAC A by R134-03, 12-4-2003)

NAC 607.440 Continuances. (NRS 233B.050, 607.160, 607.207) The Commissioner may, before or during a hearing, and on a proper showing, grant continuances for submission of further proof of any matter, or for any other just cause. [Labor Comm’r Practice Rules § 7.12, eff. 3-30-75]—…

NAC 607.450 Briefs. (NRS 233B.050, 607.160, 607.207) 1. The Commissioner may order briefs to be filed and specify a page limit and time limit for their filing. 2. One copy of any requested brief must be filed with the Commissioner in matters before him or her. 3. An acknowledgmen…

NAC 607.460 Official notice. (NRS 233B.050, 607.160, 607.207) The Commissioner may take official notice of: 1. Rules, regulations, official reports, decisions, and orders of the Commissioner and of any regulatory agency of this State; 2. The contents of decisions, orders, standar…

NAC 607.510 Record of hearings. (NRS 233B.050, 607.160, 607.207) The Commissioner will work with the parties to facilitate a record to be made of all formal hearings. [Labor Comm’r Practice Rules § 7.16, eff. 3-30-75]—(NAC A by R134-03, 12-4-2003; R019-18, 12-30-2019)

NAC 607.520 Submission of matter for decision. (NRS 233B.050, 607.160, 607.207, 607.215) Unless otherwise ordered, a proceeding stands submitted for decision by the Commissioner after the taking of evidence, the filing of briefs or the presentation of oral argument required by th…

NAC 607.525 Entry of decision after hearing on determination. (NRS 233B.050, 607.160, 607.207, 607.215) After holding a hearing on a determination issued by the Commissioner, the Commissioner will enter a decision in accordance with NRS 607.215. (Added to NAC by Labor Comm’r by R…

NAC 607.650 Advisory opinion: Request for issuance; action by Commissioner. (NRS 233B.120, 607.160) 1. Except as otherwise provided in subsection 3, a person may request that the Commissioner issue an advisory opinion concerning the applicability of a statute, regulation or decis…

NAC 607.660 Advisory opinion: Oral response to request. (NRS 233B.120, 607.160) The Commissioner will not render an oral advisory opinion to a request for an advisory opinion. An oral response, including, without limitation, a response given over the telephone, by a member of the…

NAC 607.670 Petition for declaratory order: Filing; contents; action by Commissioner; maintenance of record and mailing of order. (NRS 233B.120, 607.160) 1. Except as otherwise provided in subsection 3, a person may file a petition with the Commissioner requesting that the Commis…

NAC 607.680 Petition for adoption, filing, amendment or repeal of regulation: Filing; contents; action by Commissioner. (NRS 233B.100, 607.160) 1. Any person who wishes to petition for the adoption, filing, amendment or repeal of a regulation of the Commissioner must file with th…

NAC 608.050 Definitions. (NRS 607.160) As used in NAC 608.050 to 608.160, inclusive, unless the context otherwise requires, the words and terms defined in NAC 608.055 to 608.080, inclusive, have the meanings ascribed to them in those sections. (Added to NAC by Labor Comm’r by R11…

NAC 608.055 “Commissioner” defined. (NRS 607.160) “Commissioner” means the Labor Commissioner or his authorized representative. (Added to NAC by Labor Comm’r by R115-04, eff. 8-25-2004)

NAC 608.060 “Day” defined. (NRS 607.160) “Day” means a calendar day, including any portion of a calendar day, unless otherwise specified by an applicable statute or regulation. (Added to NAC by Labor Comm’r by R115-04, eff. 8-25-2004)

NAC 608.065 “Employee” defined. (NRS 607.160) “Employee” has the meaning ascribed to it in NRS 608.010. (Added to NAC by Labor Comm’r by R115-04, eff. 8-25-2004)

NAC 608.070 “Employer” defined. (NRS 607.160) “Employer” has the meaning ascribed to it in NRS 608.011. (Added to NAC by Labor Comm’r by R115-04, eff. 8-25-2004)

NAC 608.075 “Piece rate” defined. (NRS 607.160) “Piece rate” means a wage rate based on a unit of production. The term does not include a wage rate based on a unit of time or a wage rate based on commission. (Added to NAC by Labor Comm’r by R115-04, eff. 8-25-2004)

NAC 608.080 “Salary” defined. (NRS 607.160) “Salary” means a wage rate based on a fixed dollar amount for a period of time other than an hour. (Added to NAC by Labor Comm’r by R115-04, eff. 8-25-2004)

NAC 608.090 “Uniform” interpreted. (NRS 607.160, 608.165) As used in NRS 608.165, the Commissioner interprets “uniform” to mean distinctive clothing which an employee of a business is required to wear and which serves as a clear means of identifying the employee with the business…

NAC 608.100 Minimum wage: Applicability; rates; annual adjustments. (Nev. Const. Art. 15, § 16; NRS 607.160, 608.250) 1. Except as otherwise provided in subsections 2 and 3, the minimum wage for an employee in the State of Nevada is the same whether the employee is a full-time, p…

NAC 608.102 Minimum wage: Qualification to pay lower rate to employee offered health insurance. (Nev. Const. Art. 15, § 16; NRS 607.160, 608.250) To qualify to pay an employee the minimum wage set forth in paragraph (a) of subsection 1 of NAC 608.100, an employer must meet each o…

NAC 608.104 Minimum wage: Determination of whether employee share of premium of qualified health insurance exceeds 10 percent of gross taxable income. (Nev. Const. Art. 15, § 16; NRS 607.160, 608.250) 1. To determine whether the share of the cost of the premium of the qualified h…

NAC 608.106 Minimum wage: Declination by employee of coverage under health insurance plan. (Nev. Const. Art. 15, § 16; NRS 607.160, 608.250) If an employee declines coverage under a health insurance plan that meets the requirements of NAC 608.102 and which is offered by the emplo…

NAC 608.108 Minimum wage: Requirements for payment at higher rate; modification of term of waiting period. (Nev. Const. Art. 15, § 16; NRS 607.160, 608.250) If an employer does not offer a health insurance plan, or the health insurance plan is not available or is not provided wit…

NAC 608.115 Payment for time worked. (NRS 607.160, 608.016, 608.250) 1. An employer shall pay an employee for all time worked by the employee at the direction of the employer, including time worked by the employee that is outside the scheduled hours of work of the employee. 2. If…

NAC 608.120 Payment of commissions. (NRS 607.160, 608.250) 1. If an employer and an employee agree that the employee is to be paid by commission based upon a sale, the employer shall pay each commission to the employee when the commission becomes payable pursuant to the agreement…

NAC 608.123 Compensation for overtime: Payment based upon requirements for minimum wage. (Nev. Const. Art. 15, § 16; NRS 607.160, 608.018, 608.250) For purposes of complying with the daily overtime provisions of subsection 1 of NRS 608.018, an employer shall pay overtime based up…

NAC 608.125 Compensation for overtime: Miscellaneous requirements. (NRS 607.160, 608.018) 1. An employer shall not substitute compensatory time in place of a wage payment for overtime that was worked by an employee. 2. If an employee is paid by salary, piece rate or any other wag…

NAC 608.130 Payment for travel and training. (NRS 607.160, 608.016, 608.250) 1. An employer shall pay an employee at a rate that is not less than minimum wage for any travel or training that is considered to be time worked by the employee pursuant to subsections 2 and 3. 2. Trave…