Nev. Rev. Stat. » NRS: CHAPTER 338 - PUBLIC WORKS
Nevada Revised Statutes

Nev. Rev. Stat. § 338.040 (2026)

Workers deemed to be employed on public works; regulations

✓ current as of July 2026
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NRS 338.040  Workers deemed to be employed on public works; regulations.

      1.  Except as otherwise provided by specific statute, workers who are:

      (a) Employed at the site of a public work; and

      (b) Necessary in the execution of the contract for the public work,

Ê are deemed to be employed on public works.

      2.  The Labor Commissioner shall adopt regulations to define the circumstances under which a worker is:

      (a) Employed at the site of a public work; and

      (b) Necessary in the execution of the contract for the public work.

      [3:139:1937; A 1941, 389; 1931 NCL § 6179.53]—(NRS A 2001, 1147)

     

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 2000–2026 · leading case: State, Bus. & Indus. v. Granite Constr. Co., 40 P.3d 423 (Nev. 2002).
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State, Bus. & Indus. v. Granite Constr. Co., 40 P.3d 423 (Nev. 2002). · cites it 17× “*84 OPINION Per Curiam: This appeal involves the interpretation of NRS 338.040, Nevada’s prevailing wage law.”
City Plan Dev., Inc. v. Off. of the Labor Comm'r, 117 P.3d 182 (Nev. 2005). · cites it 4× “The statutes that apply, NRS 338.040 and NRS 338.050, address those persons deemed to be employed on public works and therefore entitled to prevailing wages.”
Labor Comm'r v. Littlefield, 153 P.3d 26 (Nev. 2007). · cites it 4× “009 defines “necessary in the execution of the contract for the public work” as “the performance of duties required to construct, alter or repair the public work and without which the public work could not be completed,” and “ ‘[e]mployed at the site of a public work’ to mean…”
S. Nevada Operating Engineers Contract Compliance Trust v. Johnson, 119 P.3d 720 (Nev. 2005). · cites it 7× “Under NRS 338.040, an individual must be deemed a “workman” in order to qualify for the prevailing wage.”
Long v. Interstate Ready-Mix, L.L.C., 83 S.W.3d 571 (Mo. Ct. App. 2002). “at 426 (quoting NRS 338.040 (1999)). Turning to legislative intent, the Court found that the “directly upon” language used in the federal Act was conspicuously absent from their LDBA, and, thus, the Nevada Legislature’s omission suggested that it intended geographic proximity to…”
Meadow Valley Contractors, Inc. v. Johnson, 89 F. Supp. 2d 1180 (D. Nev. 2000). · cites it 4× “Under Nev.Rev.Stat. § 338.040, all “[wjorkmen employed by contractors or subcontractors or by public bodies at the site of the work and necessary in the execution of any contract for public works are deemed to be employed on public works.”
Stuckey v. Apex Materials, LLC, 142 Nev. Adv. Op. No. 17 (Nev. 2026). “035; NRS 338.040; NRS 338.060; NRS 338.070; NRS 338.”
Nev. Rev. Stat. § 338.040(1): 1 case
Labor Comm'r v. Littlefield, 153 P.3d 26 (Nev. 2007). “009 defines “necessary in the execution of the contract for the public work” as “the performance of duties required to construct, alter or repair the public work and without which the public work could not be completed,” and “ ‘[e]mployed at the site of a public work’ to mean…”
Nev. Rev. Stat. § 338.040(2): 1 case
Labor Comm'r v. Littlefield, 153 P.3d 26 (Nev. 2007). “009 defines “necessary in the execution of the contract for the public work” as “the performance of duties required to construct, alter or repair the public work and without which the public work could not be completed,” and “ ‘[e]mployed at the site of a public work’ to mean…”
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