Nev. Rev. Stat. § 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

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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 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 a 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)

     

Notes of Decisions
Cited in 12 cases (3 in the last 5 years), 1984–2026 · leading case: State Building & Construction Trades Council v. City of Vista
State Building & Construction Trades Council v. City of Vista (2012) cal · cites it 2× “§§ 18-2-401 to 18-2-432; Nev. Rev. Stat. §§ 338.020 to 338.095; N.”
Carson-Tahoe Hospital v. Building & Construction Trades Council of Northern Nevada (2006) nev · cites it 5× “NRS 338.020 defines the types of projects for which prevailing wages are required.”
City Plan Development, Inc. v. Office of the Labor Commissioner (2005) nev · cites it 2× “The labor commissioner, in addition to any other remedy or penalty provided in this chapter: (a) Shall assess a person who, after a hearing, is found to have failed to pay the prevailing wage required pursuant to NRS 338.020 to 338.090, inclusive, an amount equal to the…”
City of Reno v. Building & Construction Trades Council (2011) nev · cites it 2× “090, which provisions deal with publicly financed projects; specifically, NRS 338.020 to NRS 338.090 mandate the payment of prevailing wages on all projects funded through a contract with a public body.”
State, Bus. & Indus. v. Granite Constr. Co. (2002) nev “4 NRS 338.020 (1999). 5 40 U.S.C. § 276a(a) (2001).”
Universal Electric, Inc. v. State Ex Rel. Office of Labor Commissioner (1993) nev · cites it 2× “NOTES [1] NRS 338.020 requires that laborers employed on public works projects receive the prevailing wage of the county where the project is located.”
Meadow Valley Contractors, Inc. v. Johnson (2000) nvd · cites it 4× “Section 338.020 states, in pertinent part, that: 1.”
State v. City of Fallon (1984) nev · cites it 4× “*511 OPINION Per Curiam: These cases, consolidated for purposes of this opinion, all arise from similar disputes over the manner in which the Labor Commissioner of the State of Nevada (Commissioner) 1 has *512 determined the “prevailing wage rate,” or minimum wage which public…”
STUCKEY v. APEX MATERIALS, LLC (2026) nev · cites it 22× “a putative class action to collect the difference between the overtime wages paid and the higher amount allegedly due under NRS 338.020, Nevada’s Eighth Judicial District Court, Clark County; Leon Greenberg Professional Corporation and Leon M.”
State, Department of Motor Vehicles & Public Safety, Nevada Highway Patrol Division v. Hutchings (1990) nev “For instance, NRS 338.020(1) specifies the wages which must be paid to mechanics and workmen who perform services under contract with a public body of this state.”
Clark Cty. Nev. Dep'T Of Aviation v. S. Nev. Labor Mgmt. Cooperation Comm. (2022) nev · cites it 4× “The invitation did not require bidding contractors to comply with NRS 338.020, Nevada's prevailing wage law.”
Cmm-Cm, Llc Vs. Nev. State Labor Comm'R (2021) nev “As relevant here, the complaints generally alleged that Muller had violated NRS 338.020 by failing to pay a prevailing wage to employees that assembled the barriers at a lot adjacent to Muller's office before those barriers were transported to and installed at 'Pursuant to NRAP…”
— Nev. Rev. Stat. § 338.020(1) — 4 cases
Carson-Tahoe Hospital v. Building & Construction Trades Council of Northern Nevada (2006) nev “NRS 338.020 defines the types of projects for which prevailing wages are required.”
State v. City of Fallon (1984) nev “*511 OPINION Per Curiam: These cases, consolidated for purposes of this opinion, all arise from similar disputes over the manner in which the Labor Commissioner of the State of Nevada (Commissioner) 1 has *512 determined the “prevailing wage rate,” or minimum wage which public…”
Meadow Valley Contractors, Inc. v. Johnson (2000) nvd “Section 338.020 states, in pertinent part, that: 1.”
State, Department of Motor Vehicles & Public Safety, Nevada Highway Patrol Division v. Hutchings (1990) nev “For instance, NRS 338.020(1) specifies the wages which must be paid to mechanics and workmen who perform services under contract with a public body of this state.”
— Nev. Rev. Stat. § 338.020(3) — 1 case
STUCKEY v. APEX MATERIALS, LLC (2026) nev “a putative class action to collect the difference between the overtime wages paid and the higher amount allegedly due under NRS 338.020, Nevada’s Eighth Judicial District Court, Clark County; Leon Greenberg Professional Corporation and Leon M.”
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