1. When is the prevailing wage rate used?
2. What is the definition of a public works or related projects?
3. Are there project monetary thresholds?
4. Are any types of projects specifically exempted?
5. What is included in the calculation of wage rates?
6. Who calculates the prevailing wage rates?
7. Enforcement: what are the penalties for violations? Criminal or fines?
8. Can contractors be debarred?
9. Are there posting requirements?
10. Does the agency retain any fines for enforcement (i.e. an enforcement fund)?
11. Record Maintenance?
12. Are there any provisions which discuss apprentices?
When is the prevailing wage rate used?
Every contract to which a public body of this state is a party, requiring the employment of skilled mechanics, skilled workmen, semiskilled mechanics, semiskilled workmen or unskilled labor in the performance of public work, must contain in express terms the hourly and daily rate of wages to be paid each of the classes of mechanics and workmen. The hourly and daily rate of wages must not be less than the rate of such wages then prevailing in the county in which the public work is located, which prevailing rate of wages must have been determined in the manner provided in NRS 338.030
What is the definition of a public works or related projects?
There is no definition given for public works.
Are there project monetary thresholds?
Those projects whose values are less than $100,000 are exempt from Nevada Prevailing Wage Laws.
Are any types of projects specifically exempted?
The prevailing wage rate laws do not apply to a mechanic or workman who is covered by a collective bargaining agreement that provides for the payment of wages at not less than one and one-half times the rate of wages set forth in the collective bargaining agreement for work in excess of:
What is included in the calculation of wage rates?
The only two components of the prevailing wage rate that are discussed within the terms of the statute include straight wages and overtime wages.
Who calculates the prevailing wage rates?
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 county in which the public work is to be performed for each craft or type of work.
Enforcement: what are the penalties for violations? Criminal or fines?
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:
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.
Can contractors be debarred?
The obligation of a contractor engaged on a public work or subcontractor engaged on a public work to pay wages in accordance with the determination of the Labor Commissioner may be discharged by the making of payments in cash, or by making contributions to a third person pursuant to a fund, plan or program in the name of the workman
Are there posting requirements?
Every contract to which a public body of this state is a party, requiring the employment of skilled mechanics, skilled workmen, semiskilled mechanics, semiskilled workmen or unskilled labor in the performance of public work, must contain in express terms the hourly and daily rate of wages to be paid each of the classes of mechanics and workmen. The hourly and daily rate of wages must be posted on the site of the public work in a place generally visible to the workmen.
Does the agency retain any fines for enforcement (i.e. an enforcement fund)?
There is no provision discussing fines being used for an enforcement fund.
Record Maintenance?
While there is no specific provision discussing requirements for record maintenance, there is a paragraph in the penalties section which mentions punishment for inaccurate or incomplete information in the monthly record:
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
Are there any provisions which discuss apprentices?
1. Except as otherwise provided by specific statute, workmen who are:
2. The Labor Commissioner shall adopt regulations to define the circumstances under which a workman is:
3. This paragraph doesn't technically include or exclude apprentices (from my interpretation). Other than the above paragraph, there is no specific mention of apprentices.
References
1.) Title 28 - PUBLIC WORKS AND PLANNING: CHAPTER 338 - PUBLIC WORKS
* Sections NRS 338.020 through NRS 338.090 pertain to prevailing wage law.
2.) United States Department of Labor
* This is the official web-site for the United States Department of Labor. On the web-site, there is a table with the monetary thresholds for each state.