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

Nev. Rev. Stat. § 338.090 (2026)

Penalties

✓ current as of July 2026
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NRS 338.090  Penalties.

      1.  Except as otherwise provided in subsection 5, any person, including the officers, agents or employees of a public body, who violates any provision of NRS 338.010 to 338.090, inclusive, or any regulation adopted pursuant thereto, is guilty of a misdemeanor.

      2.  The Labor Commissioner, in addition to any other remedy or penalty provided in this chapter:

      (a) Shall, except as otherwise provided in subsection 4, assess a person who, after an opportunity for 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 difference between the prevailing wages required to be paid and the wages that the contractor or subcontractor actually paid;

      (b) Shall require a person found to have willfully and repeatedly failed to pay the prevailing wage required pursuant to NRS 338.020 to 338.090, inclusive, to pay damages to each affected worker in an amount equal to the difference between the prevailing wages required to be paid and the wages that the contractor or subcontractor actually paid to the worker; and

      (c) May, in addition to any other administrative penalty, impose an administrative penalty not to exceed the costs incurred by the Labor Commissioner to investigate and prosecute the matter.

      3.  If the Labor Commissioner finds that a person has failed to pay the prevailing wage required pursuant to NRS 338.020 to 338.090, inclusive, the public body may, in addition to any other remedy or penalty provided in this chapter, require the person to pay the actual costs incurred by the public body to investigate the matter.

      4.  The Labor Commissioner is not required to assess a person an amount equal to the difference between the prevailing wages required to be paid and the wages that the contractor or subcontractor actually paid if the contractor or subcontractor has already paid that amount to a worker pursuant to paragraph (c) of subsection 4 of NRS 338.035.

      5.  The provisions of subsection 1 do not apply to a subcontractor specified in NRS 338.072.

      [7 1/2:139:1937; A 1941, 389; 1931 NCL § 6179.57 1/2]—(NRS A 1967, 553; 1985, 2041; 1993, 2248; 2001, 1149; 2003, 799, 2417; 2013, 1027; 2019, 703; 2023, 451)

Employment Practices

     

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 2005–2026 · leading case: City Plan Dev., Inc. v. Off. of the Labor Comm'r, 117 P.3d 182 (Nev. 2005).
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City Plan Dev., Inc. v. Off. of the Labor Comm'r, 117 P.3d 182 (Nev. 2005). · cites it 14× “015(1) and NRS 338.090, respectively, to hold hearings and assess fines for violations of the prevailing wage provisions.”
City of Reno v. Bldg. & Constr. Trades Council, 251 P.3d 718 (Nev. 2011). · cites it 5× “010 to NRS 338.090, and is otherwise responsible for all compliance requirements set forth in those provisions of NRS.”
Carson-Tahoe Hosp. v. Bldg. & Constr. Trades Council of N. Nevada, 128 P.3d 1065 (Nev. 2006). · cites it 7× “010 through NRS 338.090 to determine whether payment of prevailing wages is required.”
Bombardier Transp. (Holdings) USA, Inc. v. Nev. Labor Comm'r, 433 P.3d 248 (Nev. 2019). · cites it 3× “090(2)(a) requires that the Labor Commissioner "assess a person who, after an opportunity for a hearing, is found to have failed to pay the prevailing wage required pursuant to [NRS Chapter 338]." There is no reference to which party has the burden to prove this amount.”
Bombardier Transp. (holdings) USA Inc. Vs. Nevada Labor Comm'r, 2019 NV 3 (Nev. 2019). · cites it 6× “Pertinent here, NRS 338.090(2)(a) requires that the Labor Commissioner "assess a person who, after an opportunity for a hearing, is found to have failed to pay the prevailing wage required pursuant to [NRS Chapter 3381.”
Stuckey v. Apex Materials, LLC, 142 Nev. Adv. Op. No. 17 (Nev. 2026). · cites it 4× “070; NRS 338.090. However, it does not expressly provide a private right of action in favor of employees.”
Bombardier Transp. (holdings) USA Inc. Vs. Nevada Labor Comm'r, 2019 NV 3 (Nev. 2019). · cites it 3× “Pertinent here, NRS 338.090(2)(a) requires that the Labor Commissioner "assess a person who, after an opportunity for a hearing, is found to have failed to pay the prevailing wage required pursuant to [NRS Chapter 3381.”
— Nev. Rev. Stat. § 338.090(2) — 1 case
City Plan Dev., Inc. v. Off. of the Labor Comm'r, 117 P.3d 182 (Nev. 2005). “015(1) and NRS 338.090, respectively, to hold hearings and assess fines for violations of the prevailing wage provisions.”
— Nev. Rev. Stat. § 338.090(2)(a) — 5 cases
City Plan Dev., Inc. v. Off. of the Labor Comm'r, 117 P.3d 182 (Nev. 2005). “015(1) and NRS 338.090, respectively, to hold hearings and assess fines for violations of the prevailing wage provisions.”
Bombardier Transp. (Holdings) USA, Inc. v. Nev. Labor Comm'r, 433 P.3d 248 (Nev. 2019). “090(2)(a) requires that the Labor Commissioner "assess a person who, after an opportunity for a hearing, is found to have failed to pay the prevailing wage required pursuant to [NRS Chapter 338]." There is no reference to which party has the burden to prove this amount.”
Bombardier Transp. (holdings) USA Inc. Vs. Nevada Labor Comm'r, 2019 NV 3 (Nev. 2019). “Pertinent here, NRS 338.090(2)(a) requires that the Labor Commissioner "assess a person who, after an opportunity for a hearing, is found to have failed to pay the prevailing wage required pursuant to [NRS Chapter 3381.”
Bombardier Transp. (holdings) USA Inc. Vs. Nevada Labor Comm'r, 2019 NV 3 (Nev. 2019). “Pertinent here, NRS 338.090(2)(a) requires that the Labor Commissioner "assess a person who, after an opportunity for a hearing, is found to have failed to pay the prevailing wage required pursuant to [NRS Chapter 3381.”
Stuckey v. Apex Materials, LLC, 142 Nev. Adv. Op. No. 17 (Nev. 2026). “070; NRS 338.090. However, it does not expressly provide a private right of action in favor of employees.”
— Nev. Rev. Stat. § 338.090(2)(b) — 1 case
City Plan Dev., Inc. v. Off. of the Labor Comm'r, 117 P.3d 182 (Nev. 2005). “015(1) and NRS 338.090, respectively, to hold hearings and assess fines for violations of the prevailing wage provisions.”
— Nev. Rev. Stat. § 338.090(2)(c) — 1 case
Stuckey v. Apex Materials, LLC, 142 Nev. Adv. Op. No. 17 (Nev. 2026). “070; NRS 338.090. However, it does not expressly provide a private right of action in favor of employees.”
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