1. Except as otherwise provided in subsection
8, a contractor engaged on a public work shall forfeit, as a
penalty to the public body on behalf of which the contract has
been made and awarded to the contractor, not less than $20 nor
more than $50 for each calendar day or portion thereof that
each workman employed on the public work is paid less than the
designated rate for any work done under the contract, by the
contractor or any subcontractor engaged on the public work.
2. Except as otherwise provided in subsection
8, a contractor engaged on a public work shall forfeit, as a
penalty to the public body on behalf of which the contract has
been made and awarded to the contractor, not less than $20 nor
more than $50 for each calendar day or portion thereof for each
workman employed on the public work for which the contractor
or subcontractor willfully included inaccurate or incomplete
information in the monthly record required to be submitted to
the public body pursuant to subsection 5 of NRS 338.070.
3. Except as otherwise provided in subsection
8, a contractor engaged on a public work shall forfeit, as a
penalty to the public body on behalf of which the contract has
been made and awarded to the contractor, not less than $20 nor
more than $50 for each calendar day or portion thereof that
each workman employed on the public work is not reported to
the public body awarding the contract by the contractor or any
subcontractor engaged on the public work as required pursuant
to subsection 5 of NRS 338.070, up to a maximum of:
(a) For the first failure to comply during the term of the contract
for the public work, $1,000; and
(b) For each subsequent failure to comply during the term of
the contract for the public work, $5,000
4. Except as otherwise provided in subsection
8, if a violation of more than one provision of subsections
1, 2 and 3 involves the same workman, the contractor shall forfeit
the penalty set forth in each subsection that was violated.
5. A public body awarding a contract for a public
work shall cause a stipulation setting forth the penalties specified
in subsections 1 to 4, inclusive, to be inserted in the contract.
6. The Labor Commissioner shall, by regulation,
establish a sliding scale based on the size of the business
of a contractor engaged on a public work to determine the amount
of the penalty to be imposed pursuant to subsections 1 and 2.
7. If a penalty is imposed pursuant to this section,
the costs of the proceeding, including investigative costs and
attorney's fees, may be recovered by the Labor Commissioner
and the public body.
8. The Labor Commissioner may, for good cause
shown, waive or reduce any penalty imposed pursuant to this
section.
