LABOR COMMISSIONER

Nev. Rev. Stat. 607
in effect

Nev. Rev. Stat. § 607.005 “Commission” defined.

As used in this chapter, “commission” means a fee paid for transacting a piece of business or performing a service, but excluding bonuses and profit-sharing arrangements.

Nev. Rev. Stat. § 607.010 Creation and composition of office.

The Office of Labor Commissioner is hereby created. The Office consists of the Labor Commissioner and the Public Works Compliance Division.

Nev. Rev. Stat. § 607.020 Appointment of Labor Commissioner.

The Labor Commissioner must be appointed by the Director of the Department of Business and Industry.

Nev. Rev. Stat. § 607.030 Classification; other employment prohibited; exception.

1. The Labor Commissioner is in the unclassified service of the State. 2. Except as otherwise provided in NRS 284.143 , the Labor Commissioner shall devote his or her entire time and attention to the business of his or her office and shall not pursue any other business or occupation or hold any other office of profit.

Nev. Rev. Stat. § 607.035 Office of the Labor Commissioner designated as state agency with responsibility for apprenticeship; duties of Labor Commissioner.

1. The Office of the Labor Commissioner shall act as the State Apprenticeship Agency as defined in 29 C.F.R. § 29.2 and has responsibility and accountability for apprenticeship in this State. 2. The Labor Commissioner shall oversee the State Apprenticeship Council and the State Apprenticeship Director pursuant to NRS 610.110 to 610.185 , inclusive, and perform such other functions as may be deemed necessary to carry out the intent and purposes of chapter 610 of NRS.

Nev. Rev. Stat. § 607.040 Location of office.

The Labor Commissioner must be provided with properly furnished offices at the capital in Carson City, Nevada.

Nev. Rev. Stat. § 607.050 Deputy Labor Commissioner: Employment; powers of attorney; other employment prohibited; exception.

1. The Labor Commissioner shall employ a Deputy, who is in the unclassified service of the State. 2. If admitted to the practice of law in the State of Nevada, the Deputy has all the powers of: (a) The district attorneys of the several counties in this state; and (b) The Attorney General pursuant to NRS 607.160 , Ê in the prosecution of all claims and actions originating with the Labor Commissioner by appropriate action in the courts of this state, when the Labor Commissioner is charged with the enforcement of those laws. 3. The Deputy shall act under the direction of the Labor Commissioner, and in the performance of his or her duties is responsible to the Labor Commissioner. 4. Except as otherwise provided in NRS 284.143 , the Deputy shall devote his or her entire time and attention to the business of his or her office and shall not pursue any other business or occupation or hold any other office of profit.

Nev. Rev. Stat. § 607.060 Employees.

The Labor Commissioner may employ: 1. One Chief Assistant, who is in the unclassified service of the State. 2. Stenographic, clerical and statistical assistance. 3. Any personnel necessary to carry out the duties of the Public Works Compliance Division.

Nev. Rev. Stat. § 607.065 Retention of legal counsel; authority of counsel.

1. The Labor Commissioner may provide for contract services by legal counsel for assistance in administering the labor and industrial relations laws of this state. Any such counsel must be an attorney admitted to practice law in the State of Nevada. 2. In the prosecution of all claims and actions referred to legal counsel by the Labor Commissioner, such counsel has the same power as that vested in: (a) The district attorneys of the several counties to enforce the labor and industrial relations laws of this state except that such counsel does not have the authority to prosecute for criminal violations of those laws; and (b) The Attorney General pursuant to NRS 607.160 for prosecution of claims for wages, commissions or other demands.

Nev. Rev. Stat. § 607.080 Biennial reports.

The Labor Commissioner shall collect and systematize and present in biennial reports to the Governor and the Legislature such statistical details relating to labor in the State as the Labor Commissioner may deem essential to further the objects of this chapter.

Nev. Rev. Stat. § 607.100 Compilation and issuance of bulletins.

With the approval of the State Board of Examiners, the Labor Commissioner may compile and issue such bulletins pertaining to labor and industries of the State as the Labor Commissioner may deem necessary.

Nev. Rev. Stat. § 607.110 Knowledge of labor laws.

The Labor Commissioner shall inform himself or herself of all laws of the State for the protection of life and limb in any of the industries of the State, all laws regulating the hours of labor, the employment of minors, the payment of wages and all other laws enacted for the protection and benefit of employees.

Nev. Rev. Stat. § 607.120 Cooperation with other departments of labor; memorandum of understanding with United States Department of Labor.

The Labor Commissioner: 1. Shall cooperate with such bureaus or departments of labor of the Federal Government and other states as may be established; and 2. May enter into a memorandum of understanding with the Wage and Hour Division of the United States Department of Labor to establish a collaborative relationship among the agencies of this State and those of the Federal Government for the purpose of promoting compliance with labor laws of common concern.

Nev. Rev. Stat. § 607.125 Federal gifts and grants.

1. The Labor Commissioner is authorized to accept, with the approval of the Governor, gifts and grants of money from the Federal Government which may become or are made available for programs and services administered by the Labor Commissioner. 2. All such money shall be deposited in the State Treasury for the use of the Labor Commissioner in accordance with the conditions and purposes under which given or granted.

Nev. Rev. Stat. § 607.130 Obtaining information from state and county officers.

Upon the written request of the Office of Labor Commissioner, all state and county officers shall furnish all information in their power necessary to assist in carrying out the objects of this chapter.

Nev. Rev. Stat. § 607.140 Preparation of forms and blanks for information and statistics; penalty and administrative fine for refusal to furnish information required on forms.

1. The Labor Commissioner shall prepare forms and blanks for the purpose of gathering the information and statistics required by this chapter, and may require any person to give the information and statistical detail designated in those forms. 2. Any person who refuses to furnish such detail and statistics in the form required by the Labor Commissioner is guilty of a misdemeanor and shall be punished by a fine of not more than $500. 3. In addition to any other remedy or penalty, the Labor Commissioner may impose against the person an administrative penalty of not more than $500 for each such violation.

Nev. Rev. Stat. § 607.150 Inspection of places of employment; penalty and administrative fine for refusal to allow entry to Labor Commissioner.

1. To carry out the provisions of NRS 607.160 , the Labor Commissioner or a person designated by the Labor Commissioner may enter any store, foundry, mill, office, workshop, mine or other public or private works or place of employment at any reasonable time to gather facts and statistics and make a record thereof. 2. Any person who refuses such entry to the Labor Commissioner or a person designated by the Labor Commissioner is guilty of a misdemeanor. 3. In addition to any other remedy or penalty, the Labor Commissioner may impose against the person an administrative penalty of not more than $500 for each such violation.

Nev. Rev. Stat. § 607.160 Enforcement of labor laws; imposition and collection of administrative penalties and investigative costs; cumulative nature of penalties and remedies; claims for wages or commissions; prosecution of claims by Attorney General.

1. The Labor Commissioner: (a) Shall enforce all labor laws of the State of Nevada: (1) Without regard to whether an employee or worker is lawfully or unlawfully employed; and (2) The enforcement of which is not specifically and exclusively vested in any other officer, board or commission. (b) May adopt regulations to carry out the provisions of paragraph (a). 2. If the Labor Commissioner has reason to believe that a person is violating or has violated a labor law or regulation, the Labor Commissioner may take any appropriate action against the person to enforce the labor law or regulation whether or not a claim or complaint has been made to the Labor Commissioner concerning the violation. 3. Before the Labor Commissioner may enforce an administrative penalty against a person who violates a labor law or regulation, the Labor Commissioner must provide the person with notice and an opportunity for a hearing as set forth in NRS 607.207 . 4. In determining the amount of any administrative penalty to be imposed against a person who violates a labor law or regulation, the Labor Commissioner shall consider the person’s previous record of compliance with the labor laws and regulations and the severity of the violation. 5. All money collected by the Labor Commissioner as an administrative penalty or as an investigative cost must be deposited in the State General Fund. 6. The actions and remedies authorized by the labor laws are cumulative. If a person violates a labor law or regulation, the Labor Commissioner may seek a civil remedy, impose an administrative penalty or take other administrative action against the person whether or not the person is prosecuted, convicted or punished for the violation in a criminal proceeding. The imposition of a civil remedy, an administrative penalty or other administrative action against the person does not operate as a defense in any criminal proceeding brought against the person. 7. If, after due inquiry, the Labor Commissioner believes that a person who is financially unable to employ counsel has a valid and enforceable claim for wages, commissions or other demands, the Labor Commissioner may present the facts to the Attorney General. The Attorney General shall prosecute the claim if the Attorney General determines that the claim is valid and enforceable.

Nev. Rev. Stat. § 607.161 Public Works Compliance Division.

The Public Works Compliance Division shall: 1. At the direction of the Labor Commissioner or upon receipt of a referral made by a public body pursuant to NRS 338.070 : (a) Investigate possible violations of the provisions of NRS 338.010 to 338.090 , inclusive; and (b) Submit to the Labor Commissioner a written report concerning an investigation conducted pursuant to paragraph (a). If the investigation was conducted pursuant to a referral made by a public body pursuant to NRS 338.070 , a copy of the report must be provided to the public body. 2. Perform any other duties related to the enforcement of NRS 338.010 to 338.130 , inclusive, as directed by the Labor Commissioner.

Nev. Rev. Stat. § 607.162 Jurisdiction of claim or complaint of claimant covered by terms of collective bargaining agreement.

1. Except as otherwise provided in subsection 2, if a claimant is covered by the terms of a collective bargaining agreement that provides the claimant with an exclusive remedy or other relief for a violation of its terms, the Labor Commissioner shall decline to take jurisdiction of the claim or complaint until the remedies, other relief and appeals, if any, provided to the claimant by the terms of the agreement are exhausted. 2. The Labor Commissioner shall take jurisdiction of a claim or complaint described in subsection 1 if the Labor Commissioner determines that the remedies or other relief provided to the claimant by the terms of the collective bargaining agreement are inadequate, unavailable or nonbinding. 3. Upon taking jurisdiction pursuant to subsection 2, the Labor Commissioner shall determine compliance with all labor laws of this State, including, without limitation, the provisions of chapter 608 of NRS. 4. As used in this section, “claimant” means a person who files a claim for wages or other complaint with the Labor Commissioner.

Nev. Rev. Stat. § 607.165 Notice to State Contractors’ Board of repeated claims for wages against contractor; recommendation by Labor Commissioner concerning contractor’s bond or cash deposit.

1. The Labor Commissioner shall notify the State Contractors’ Board after three substantiated claims for wages have been filed against a contractor within a 2-year period. The notification must include a copy of the final written decision of the Labor Commissioner with regard to each such claim. 2. The Labor Commissioner may recommend to the State Contractors’ Board the amount of the bond or cash deposit that a contractor should be required to file or establish pursuant to subsection 6 of NRS 624.270 . 3. As used in this section: (a) “Contractor” has the meaning ascribed to it in NRS 624.020 . (b) “Employee” means a natural person who receives wages or other remuneration from a contractor for personal services, including, without limitation, commissions, bonuses and remuneration payable in a medium other than cash. (c) “Substantiated claim for wages” means a claim for wages by an employee against a contractor that the Labor Commissioner determines to be valid after providing notice and an opportunity for a hearing pursuant to the provisions of this chapter.

Nev. Rev. Stat. § 607.170 Actions for collection of wages or commissions; subpoena power; compromise and settlement of claims; disposition of money collected for claims.

1. The Labor Commissioner may prosecute a claim for wages and commissions or commence any other action to collect wages, commissions and other demands of any person who is financially unable to employ counsel in a case in which, in the judgment of the Labor Commissioner, the claim for wages or commissions or other action is valid and enforceable in the courts. 2. In all matters relating to wages or commissions, the Labor Commissioner may, in accordance with the provisions of NRS 607.210 , subpoena any person whose appearance is required to adjust and settle claims or other actions for wages or commissions before bringing suit in those matters, and the Labor Commissioner may effect reasonable compromises of those matters. 3. The Labor Commissioner or the Labor Commissioner’s Deputy may maintain a commercial account with any bank or credit union within this State for the deposit of money collected for claims for wages or commissions. The money must be promptly paid to the person entitled thereto. At the end of each calendar year, any unclaimed money in the commercial account which has been a part of the account for 1 year or more is presumed abandoned under chapter 120A of NRS.

Nev. Rev. Stat. § 607.175 Assignment and consolidation of claims for wages or commissions.

The Labor Commissioner or other designated agent of employees may take assignments of wage or commission claims and bring a single action against any one employer on any number of such assigned claims.

Nev. Rev. Stat. § 607.180 Reciprocal agreements for collection of claims for wages or commissions assigned to Labor Commissioner; maintenance of actions.

1. The Labor Commissioner is authorized to enter into reciprocal agreements with the Labor Commissioner or corresponding agency of any other state, or with the person, board, officer or commission authorized to act for and on behalf of such Labor Commissioner or corresponding agency, for the collection in such other state of claims or judgments for wages, commissions and other demands based upon claims previously assigned to the Labor Commissioner. 2. The Labor Commissioner may, to the extent provided for by any reciprocal agreement entered into pursuant to subsection 1 or by the laws of any other state, maintain actions in the courts of such other state for the collection of such claims for wages or commissions, judgments and other demands, and may assign such claims, judgments and demands to the Labor Commissioner or corresponding agency of such other state for collection, to the extent that the same may be permitted or provided for by the laws of such state or by such reciprocal agreement. 3. The Labor Commissioner may, upon the written request of the Labor Commissioner or corresponding agency of any other state or of any person, board, officer or commission of such state authorized to act for and on behalf of such Labor Commissioner or corresponding agency, maintain actions in the courts of this state upon assigned claims for wages or commissions, judgments and demands arising in such other state in the same manner and to the same extent that such actions by the Labor Commissioner are authorized when arising in this state; but such actions may be commenced and maintained only in those cases where such other state, by appropriate legislation or by reciprocal agreement, extends a like comity to cases arising in this state.

Nev. Rev. Stat. § 607.185 Availability to public of terms and conditions of compromise or settlement of claim or dispute.

If the Labor Commissioner enters into, effects or approves any compromise or settlement of a claim or dispute concerning or arising out of an alleged violation of the labor laws of this state, the terms and conditions of the compromise or settlement: 1. Must be made available to the public upon request; and 2. Must not include any confidentiality clause or similar clause, and any such clause that is included in the terms and conditions of the compromise or settlement is void as against the public policy of this state.

Nev. Rev. Stat. § 607.190 Exemption for Labor Commissioner from payment of fees and costs in actions; payment of witness fees in certain actions; bond not required for attachment by Labor Commissioner.

1. In all actions in the courts in this state wherein the Labor Commissioner is a party in his or her official capacity as Labor Commissioner, or as assignee of any wage or commission claim or claims, or where the Labor Commissioner is appearing for and in behalf of the State or any political subdivision thereof, no fees of any kind or nature shall be required of the Labor Commissioner by any court or officer thereof, or by any sheriff, constable or other officer, and no judgment for costs or for attorney fees shall be entered in or by any court against the Labor Commissioner. In proper cases, the Labor Commissioner may pay the witness fees required by NRS 607.210 . 2. In any cases prosecuted under the provisions of NRS 607.160 and 607.170 wherein an attachment may be required to preserve the rights of the claimant, the Labor Commissioner shall not be required to give any bond as a prerequisite to the levy of attachment.

Nev. Rev. Stat. § 607.205 Power of Labor Commissioner to conduct hearings and issue decisions.

In aid of the Labor Commissioner’s enforcement responsibilities under the labor laws of the State of Nevada, the Labor Commissioner or a person designated by the Labor Commissioner may conduct hearings and issue decisions thereon in the manner set forth in NRS 607.207.

Nev. Rev. Stat. § 607.207 Notice and conduct of hearing.

1. When an enforcement question is presented under any labor law of the State of Nevada, the determination of which is not exclusively vested in another officer, board or commission, the Labor Commissioner or a person designated by the Labor Commissioner may conduct a hearing in any place convenient to the parties, if practicable, and otherwise in a place chosen by the Labor Commissioner. 2. Notice of the hearing must be given by registered or certified mail to each party and to any person who has in writing requested such notice. The hearing must be conducted not less than 15 days after the mailing of the notices. The proceedings must be recorded and one copy must be provided at cost to any party who requests it. The Labor Commissioner or a person designated by the Labor Commissioner shall, in any such hearing, make full use of the authority conferred upon him or her by NRS 607.210 .

Nev. Rev. Stat. § 607.210 Power of Labor Commissioner to take testimony and issue subpoenas; witness fees; penalty for noncompliance with subpoena.

1. The Labor Commissioner or a person designated by the Labor Commissioner may take testimony in all matters relating to the duties and requirements of this chapter in a suitable place in the vicinity to which the testimony is applicable. 2. The Labor Commissioner or a person designated by the Labor Commissioner may compel the attendance of witnesses, and may issue subpoenas. No witness fees may be paid to any witness unless the witness is required to testify at a place more than 5 miles from the witness’s place of residence, in which event the witness is entitled to be paid the same fees as a witness before a district court. Payment must be made from the fund appropriated for those purposes in the county in which the testimony is taken and the witness examined in the same manner as provided for the payment of witness fees in the district court of that county. 3. Any person subpoenaed pursuant to the provisions of this chapter who willfully refuses or neglects to testify at the time and place named in the subpoena is guilty of a misdemeanor.

Nev. Rev. Stat. § 607.215 Decision of Labor Commissioner or designee after hearing: Issuance; enforceability; judicial review.

1. Within 30 days after the conclusion of the hearing provided for in NRS 607.207 , the Labor Commissioner or a person designated by the Labor Commissioner shall issue a written decision, setting forth findings of fact and conclusions of law developed at the hearing. 2. The decision, together with the findings of fact and conclusions of law, must be mailed to each of the parties to whom the notice of the hearing was mailed and to any other persons who may have requested notice of the hearing. The decision becomes enforceable 10 days after the mailing. 3. Upon a petition for judicial review, the court may order trial de novo. 4. A decision issued pursuant to this section is binding on all parties and has the force of law.

Nev. Rev. Stat. § 607.217 Communication of information relating to employee misclassification among Labor Commissioner, certain state agencies and the Attorney General.

1. The offices of the Labor Commissioner, Division of Industrial Relations of the Department of Business and Industry, Employment Security Division of the Department of Employment, Training and Rehabilitation, Department of Taxation and Attorney General shall communicate between their respective offices information relating to suspected or actual employee misclassification which is received in the performance of their official duties, regardless of whether the information is otherwise declared by law to be confidential. Any information that is communicated between their respective offices relating to suspected or actual employee misclassification pursuant to this section which is otherwise declared by law to be confidential must otherwise be maintained under the terms and conditions required by law. 2. As used in this section, unless the context otherwise requires, “employee misclassification” means the practice by an employer of improperly classifying employees as independent contractors to avoid any legal obligation under state labor, employment and tax laws, including, without limitation, the laws governing minimum wage, overtime, unemployment insurance, workers’ compensation insurance, temporary disability insurance, the payment of wages and payroll taxes.

Nev. Rev. Stat. § 607.220 Complaint by Labor Commissioner; prosecution by Attorney General.

Upon the complaint of the Labor Commissioner, the Attorney General shall prosecute all criminal violations of law that are reported to the Attorney General by the Labor Commissioner.
Source: NV Statutes (Official Site)URL: https://www.leg.state.nv.us/nrs/NRS-607.htmlFetched: 10/4/2026

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