1. Every contract to which a public body of this State is a party, requiring the employment of skilled mechanics, skilled workers, semiskilled mechanics, semiskilled workers 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 workers. The hourly and daily rate of wages must:
(a) Not be less than the rate of such wages then prevailing in the region in which the public work is located, which prevailing rate of wages must have been determined in the manner provided in NRS 338.030; and
(b) Be posted on the site of the public work in a place generally visible to the workers.
2. When public work is performed by day labor, the prevailing wage for each class of mechanics and workers so employed applies and must be stated clearly to such mechanics and workers when employed.
3. Except as otherwise provided in subsection 4, a contractor or subcontractor shall pay to a mechanic or worker employed by the contractor or subcontractor on the public work not less than one and one-half times the prevailing rate of wages applicable to the class of the mechanic or worker for each hour the mechanic or worker works on the public work in excess of:
(a) Forty hours in any scheduled week of work by the mechanic or worker for the contractor or subcontractor, including, without limitation, hours worked for the contractor or subcontractor on work other than the public work; or
(b) Eight hours in any workday that the mechanic or worker was employed by the contractor or subcontractor, including, without limitation, hours worked for the contractor or subcontractor on work other than the public work, unless by mutual agreement the mechanic or worker works a scheduled 10 hours per day for 4 calendar days within any scheduled week of work.
4. The provisions of subsection 3 do not apply to a mechanic or worker 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:
(a) Forty hours in any scheduled week of work; or
(b) Eight hours in any workday unless the collective bargaining agreement provides that the mechanic or worker shall work a scheduled 10 hours per day for 4 calendar days within any scheduled week of work.
5. The prevailing wage and any wages paid for overtime pursuant to subsection 3 or 4 to each class of mechanics or workers must be in accordance with the jurisdictional classes recognized in the region where the work is performed.
6. Nothing in this section prevents an employer who is signatory to a collective bargaining agreement from assigning such work in accordance with established practice.
[1:139:1937; A 1941, 389; 1931 NCL § 6179.51]—(NRS A 1969, 736; 1973, 874; 1983, 131; 1985, 2040; 2003, 1741; 2005, 812; 2019, 2527)
Structure Nevada Revised Statutes
NRS 338.0116 - Legislative findings and declarations.
NRS 338.012 - Regulations of Labor Commissioner.
NRS 338.015 - Enforcement by Labor Commissioner and Attorney General.
NRS 338.025 - Prevailing wage regions.
NRS 338.030 - Procedure for determination of prevailing wage in region; duration of rates.
NRS 338.040 - Workers deemed to be employed on public works; regulations.
NRS 338.050 - Contractual relationships: Applicability of NRS 338.010 to 338.090, inclusive.
NRS 338.072 - Requirement for subcontractor to hold state business license.
NRS 338.130 - Preferential employment in construction of public works.
NRS 338.1376 - State public works: Qualification of subcontractors; disqualification; appeal.
NRS 338.1377 - Local government public works: Adoption of criteria for qualification of bidders.
NRS 338.1382 - Local government public works: Alternative procedure for qualification of bidders.
NRS 338.13842 - "Local business" defined.
NRS 338.13843 - "Veteran with a service-connected disability" defined.
NRS 338.13844 - Amount of preferences.
NRS 338.13845 - Fraudulent acts.
NRS 338.13846 - Duty of State Public Works Division to report to Legislature.
NRS 338.13862 - Requirements for awarding contract for smaller public work to contractor.
NRS 338.139 - Awarding of contract to specialty contractor: Conditions.
NRS 338.148 - Awarding of contract to specialty contractor: Conditions.
NRS 338.155 - Provisions relating to design professional who is not member of design-build team.
NRS 338.1581 - "Concession" defined.
NRS 338.1582 - "Private partner" defined.
NRS 338.1583 - "Public-private partnership" defined.
NRS 338.1584 - "Transportation facility" defined.
NRS 338.1585 - "User fee" defined.
NRS 338.1587 - Public-private partnership: Authority to enter; authorized provisions.
NRS 338.1589 - Alternative methods: Authorization.
NRS 338.159 - Alternative methods: Submission of request to public body; contents of request.
NRS 338.1591 - Alternative methods: Request for submission of proposals by public body.
NRS 338.1598 - Contract for services under alternative methods.
NRS 338.1599 - Federal, state or local assistance.
NRS 338.1601 - Eminent domain.
NRS 338.1602 - Applicability of state and federal laws.
NRS 338.161 - "Transportation facility" defined.
NRS 338.162 - Alternative methods of authorization.
NRS 338.163 - Submission of request to public body; contents of request.
NRS 338.164 - Request for submission of proposals by public body.
NRS 338.167 - Contract for transportation services.
NRS 338.168 - Federal, state or local assistance.
NRS 338.1685 - Declaration of legislative intent.
NRS 338.1691 - Qualifications for construction manager at risk.
NRS 338.1715 - Procedure for selecting design-build team.
NRS 338.1718 - Contract with construction manager as agent.
NRS 338.1721 - Qualifications of design-build team.
NRS 338.1723 - Advertisement for preliminary proposals.
NRS 338.193 - Standards for plumbing fixtures.
NRS 338.415 - "Progress bill" defined.
NRS 338.420 - "Progress payment" defined.
NRS 338.425 - "Retainage" defined.
NRS 338.430 - "Retainage bill" defined.
NRS 338.435 - "Retainage payment" defined.
NRS 338.455 - Methods to be used for providing notice.
NRS 338.460 - Period for accrual of interest on retainage.
NRS 338.480 - Provisions inapplicable to certain contracts made by Department of Transportation.
NRS 338.510 - Submittal of progress bills.
NRS 338.530 - Payment of interest on amounts withheld improperly.
NRS 338.550 - Time for making payments; amounts paid.
NRS 338.555 - Amounts withheld as retainage; payment of interest.
NRS 338.565 - Payment of interest on amounts withheld improperly.
NRS 338.590 - Time for making payments; amounts paid.
NRS 338.595 - Amounts withheld as retainage; payment of interest.
NRS 338.605 - Payment of interest on amounts withheld improperly.
NRS 338.635 - Action by subcontractor or supplier to remedy unjustified or excessive withholding.
NRS 338.640 - Award of reasonable costs and attorney’s fees to prevailing party.