Title 28

NRS 338.0116 Legislative findings and declarations. The Legislature hereby finds and declares that: 1. A skilled workforce in construction is essential to the economic well-being of this State; 2. Apprenticeship programs are a proven method of training a skilled workforce in cons…

NRS 338.01165 Requirements relating to use of apprentices on public works; documentation of compliance; annual report; penalties; apprenticeship agreement; regulations. 1. Notwithstanding any other provision of this chapter and except as otherwise provided in this section, a cont…

NRS 338.01167 Legislative findings and declarations: Payment of prevailing wages for construction work on significant operational or capital requirement project awarded by public utility. The Legislature hereby finds and declares that the payment of prevailing wages to workers em…

NRS 338.0117 Qualification to receive preference in bidding: Submission of affidavit to public body certifying compliance with requirements; provisions required to be included in contract; written objections for failure to comply with requirements; penalty; annual report to Legis…

NRS 338.0118 Adoption by local government of policies providing for use of certain recycled materials in public road and highway projects; use of such materials; exception. 1. The governing body of a local government that undertakes a project pursuant to this chapter for the cons…

NRS 338.012 Regulations of Labor Commissioner. 1. The Labor Commissioner may adopt such regulations as are necessary to enable the Labor Commissioner to carry out his or her duties pursuant to the provisions of this chapter. 2. Any regulation adopted by the Labor Commissioner pur…

NRS 338.013 Request for identifying number from Labor Commissioner; inclusion of identifying number in advertisement or solicitation and bids and other responsive documents; reports by public bodies and contractors to Labor Commissioner; penalty. 1. A public body that undertakes …

NRS 338.015 Enforcement by Labor Commissioner and Attorney General. 1. The Labor Commissioner shall enforce the provisions of NRS 338.010 to 338.130, inclusive. 2. Except as otherwise provided in NRS 338.035 and in addition to any other remedy or penalty provided in this chapter,…

NRS 338.016 Civil action against contractor after imposition of administrative penalty to recover damages resulting from commission of offense; rebuttable presumption; costs and attorney’s fees. 1. If, after an opportunity for a hearing, an administrative penalty is imposed again…

NRS 338.017 Disqualification of contractor or subcontractor from award of contract or entering into contract to perform work on public work after imposition of administrative penalty; disqualification of contractor after debarment by Federal Government; notification of State Cont…

NRS 338.018 Applicability to certain contracts for construction work of Nevada System of Higher Education. The provisions of NRS 338.013 to 338.018, inclusive, apply to any contract for construction work of the Nevada System of Higher Education for which the estimated cost exceed…

NRS 338.0182 Applicability to certain contracts for construction work awarded by public utility on significant operational or capital requirement project. 1. Except as otherwise provided in subsection 2, the provisions of NRS 338.013 to 338.090, inclusive, apply to any contract f…

NRS 338.020 Hourly and daily rate of wages must not be less than prevailing wage in region; rate must be included in contract and posted on-site; payment of overtime; wages paid in accordance with jurisdictional classes recognized in region. 1. Every contract to which a public bo…

NRS 338.025 Prevailing wage regions. For the purpose of determining the prevailing rate of wages pursuant to NRS 338.030, four prevailing wage regions are hereby established in this State as follows: 1. The Washoe Prevailing Wage Region consisting of Washoe County; 2. The Norther…

NRS 338.030 Procedure for determination of prevailing wage in region; duration of rates. 1. The public body awarding any contract for public work, or otherwise undertaking any public work, shall ascertain from the Labor Commissioner the prevailing wage in the region established p…

NRS 338.035 Discharge of part of obligation of contractor or subcontractor engaged on public work to pay wages by providing bona fide fringe benefits in name of worker. 1. Except as otherwise provided in subsection 7, the obligation of a contractor engaged on a public work or a s…

NRS 338.040 Workers deemed to be employed on public works; regulations. 1. Except as otherwise provided by specific statute, workers who are: (a) Employed at the site of a public work; and (b) Necessary in the execution of the contract for the public work, Ê are deemed to be empl…

NRS 338.050 Contractual relationships: Applicability of NRS 338.010 to 338.090, inclusive. For the purpose of NRS 338.010 to 338.090, inclusive, except as otherwise provided by specific statute, every worker who performs work for a public work covered by a contract therefor is su…

NRS 338.060 Forfeitures when workers paid less than designated rates or willfully reported in inaccurate or incomplete manner or not reported to public body; forfeiture clause in contracts; regulation establishing sliding scale for penalties; recovery of investigative costs and a…

NRS 338.070 Investigations or referrals of violations by public bodies; withholding of certain sums by public bodies and contractors; maintenance and inspection of records regarding employees; regulations regarding procedures for electronic filing of records regarding employees; …

NRS 338.072 Requirement for subcontractor to hold state business license. A subcontractor who enters into a subcontract for a public work shall not accept or otherwise receive any public money for the public work, including, without limitation, accepting or receiving any public m…

NRS 338.075 Applicability to certain contracts for construction work of Nevada System of Higher Education. The provisions of NRS 338.020 to 338.090, inclusive, apply to any contract for construction work of the Nevada System of Higher Education for which the estimated cost exceed…

NRS 338.080 Exemptions. Except as otherwise provided in NRS 226.826, none of the provisions of NRS 338.020 to 338.090, inclusive, apply to: 1. Apprentices recorded under the provisions of chapter 610 of NRS. 2. Any contract for a public work whose estimated cost is less than $100…

NRS 338.090 Penalties. 1. Except as otherwise provided in subsection 5, any person, including the officers, agents or employees of a public body, who violates any provision of NRS 338.010 to 338.090, inclusive, or any regulation adopted pursuant thereto, is guilty of a misdemeano…

NRS 338.125 Fair employment practices: Contents of contracts concerning public works; violation constitutes material breach of contract. 1. It is unlawful for any contractor in connection with the performance of work under a contract with a public body, when payment of the contra…

NRS 338.126 Required notice to newly-hired workers by contractor engaged on public work: Contents; acknowledgment of receipt. 1. A contractor engaged on a public work shall provide to his or her workers at the time of hire a written or electronic notice that includes, without lim…

NRS 338.127 Employer authorized to enforce health and safety requirements notwithstanding protections for hair texture and protective hairstyles. Notwithstanding the protections in this chapter for hair texture and protective hairstyles, an employer may enforce health and safety …

NRS 338.130 Preferential employment in construction of public works. 1. In all cases where persons are employed in the construction of public works, preference must be given, the qualifications of the applicants being equal: (a) First: To persons who: (1) Have been honorably disc…

NRS 338.131 Prehire agreement: Authority of local government to enter; preferential employment of local residents authorized; exception; applicability of provisions governing payment of prevailing wages. 1. Except as otherwise provided in subsection 2, a local government sponsori…

NRS 338.135 Rental or lease of trucks or truck and trailer combinations by contractors or subcontractors: Hourly rate for vehicle and services of driver. Where a truck or truck and trailer combination is rented or leased after April 22, 1969, by a contractor or subcontractor on a…

NRS 338.1373 Option of local governments to comply with alternative procedures; public bodies prohibited from using reverse auctions; inapplicability of certain provisions to contracts awarded by Department of Transportation. 1. A local government or its authorized representative…

NRS 338.1375 State public works: Acceptance of bids from qualified bidders only; adoption and use of criteria for qualification of bidders. 1. The Division shall not accept a bid on a contract for a public work unless the contractor who submits the bid has qualified pursuant to N…

NRS 338.1376 State public works: Qualification of subcontractors; disqualification; appeal. 1. Each subcontractor whose name is required to be included in a bid pursuant to NRS 338.141 must, to be eligible to provide labor or a portion of the work or improvement to a contractor t…

NRS 338.1377 Local government public works: Adoption of criteria for qualification of bidders. Except as otherwise provided in NRS 338.1382, if a governing body that sponsors or finances a public work elects to award contracts for public works pursuant to the provisions of NRS 33…

NRS 338.1378 Local government public works: Advertisement required before acceptance of applications for qualification of bidders. 1. Before a local government accepts applications pursuant to NRS 338.1379, the local government must, in accordance with subsection 2, advertise in …

NRS 338.1379 State and local government public works: Submission of application to qualify as bidder; investigation of applicant; determination; notice; period of qualification; use of criteria; confidentiality of certain financial information concerning applicant; denial or revo…

NRS 338.1381 State and local government public works: Procedure upon appeal of denial of application to qualify as bidder or disqualification of subcontractor. 1. If, within 10 days after receipt of the notice denying an application pursuant to NRS 338.1379 or 338.16991 or disqua…

NRS 338.1382 Local government public works: Alternative procedure for qualification of bidders. In lieu of adopting criteria pursuant to NRS 338.1377 and determining the qualification of bidders pursuant to NRS 338.1379, a governing body may deem a person to be qualified to bid o…

NRS 338.1384 Definitions. As used in NRS 338.1384 to 338.13847, inclusive, unless the context otherwise requires, the words and terms defined in NRS 338.13841, 338.13842 and 338.13843 have the meanings ascribed to them in those sections. (Added to NRS by 2009, 2668)

NRS 338.13841 “Business owned and operated by a veteran with a service-connected disability” defined. “Business owned and operated by a veteran with a service-connected disability” means a business: 1. Of which at least 51 percent of the ownership interest is held by one or more …

NRS 338.13842 “Local business” defined. “Local business” has the meaning ascribed to it in NRS 333.3363. (Added to NRS by 2009, 2668)

NRS 338.13843 “Veteran with a service-connected disability” defined. “Veteran with a service-connected disability” means a veteran of the Armed Forces of the United States who has a service-connected disability of at least zero percent as determined by the United States Departmen…

NRS 338.13844 Amount of preferences. 1. For the purpose of awarding a contract for a public work of this State for which the estimated cost is $100,000 or less, as governed by NRS 338.13862, if a local business owned and operated by a veteran with a service-connected disability s…

NRS 338.13845 Fraudulent acts. 1. If the Division determines that a business has made a material misrepresentation or otherwise committed a fraudulent act in applying for a preference described in NRS 338.13844, the business is thereafter permanently prohibited from: (a) Applying…

NRS 338.13846 Duty of State Public Works Division to report to Legislature. The Division shall, every 6 months, submit to the Legislature, if it is in session, or to the Interim Finance Committee and the Legislative Committee on Senior Citizens, Veterans and Adults with Special N…

NRS 338.13847 Regulations. The State Public Works Board may adopt such regulations as it determines to be necessary or advisable to carry out the provisions of NRS 338.1384 to 338.13847, inclusive. The regulations may include, without limitation, provisions setting forth: 1. The …