NRS
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.
[Part 4:203:1915; A 1919,
67; 1921,
218; 1931,
55; 1935,
224; 1937,
419; 1941,
87; 1931 NCL § 2751]—(NRS A 1967,
621; 1971,
1189; 1997,
195; 2001,
562; 2003,
793, 1517;
2023,
1804)
Notes of Decisions
City Plan Dev., Inc. v. Off. of the Labor Comm'r, 117 P.3d 182 (Nev. 2005).
· cites it 5× “City Plan first argues that the Labor Commissioner lacked authority to hear this matter because he failed to follow the requirements of NRS 607.160 and NRS 607.170 before holding the administrative hearing.”
Labor Comm'r v. Littlefield, 153 P.3d 26 (Nev. 2007).
“For this reason, the district court did not abuse its discretion when it enjoined the Commissioner from deleting the soils tester and equipment greaser classifications from the annual prevailing wage rate list without first complying with the APA.”
Sheffer v. US Airways, Inc., 107 F. Supp. 3d 1074 (D. Nev. 2015).
· cites it 3× “NRS 607.160(6) provides that the Labor Commissioner may “cumulatively]” impose administra^tive penalties and institute civil actions.”
Neville, Jr. Vs. Dist. Ct. (terrible Herbst, Inc.), 2017 NV 95 (Nev. 2017).
· cites it 2× “; see NRS 607.160(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.”
Neville, Jr. Vs. Dist. Ct. (terrible Herbst, Inc.), 2017 NV 95 (Nev. 2017).
“; see NRS 607.160(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.”
Nevett v. Renown Health (D. Nev. 2021).
“(NRS 607.160, 608.016, 608.250)” states: “An employer shall pay an employee for all 27 □□ time worked by the employee at the direction of the employer, including time worked by the 28 || employee that is outside the scheduled hours of work of the employee.”
— Nev. Rev. Stat. § 607.160(1) — 1 case
— Nev. Rev. Stat. § 607.160(1)(a) — 2 cases
City Plan Dev., Inc. v. Off. of the Labor Comm'r, 117 P.3d 182 (Nev. 2005).
“City Plan first argues that the Labor Commissioner lacked authority to hear this matter because he failed to follow the requirements of NRS 607.160 and NRS 607.170 before holding the administrative hearing.”
Labor Comm'r v. Littlefield, 153 P.3d 26 (Nev. 2007).
“For this reason, the district court did not abuse its discretion when it enjoined the Commissioner from deleting the soils tester and equipment greaser classifications from the annual prevailing wage rate list without first complying with the APA.”
— Nev. Rev. Stat. § 607.160(6) — 1 case
Sheffer v. US Airways, Inc., 107 F. Supp. 3d 1074 (D. Nev. 2015).
“NRS 607.160(6) provides that the Labor Commissioner may “cumulatively]” impose administra^tive penalties and institute civil actions.”
— Nev. Rev. Stat. § 607.160(7) — 4 cases
Sheffer v. US Airways, Inc., 107 F. Supp. 3d 1074 (D. Nev. 2015).
“NRS 607.160(6) provides that the Labor Commissioner may “cumulatively]” impose administra^tive penalties and institute civil actions.”
Neville, Jr. Vs. Dist. Ct. (terrible Herbst, Inc.), 2017 NV 95 (Nev. 2017).
“; see NRS 607.160(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.”
Neville, Jr. Vs. Dist. Ct. (terrible Herbst, Inc.), 2017 NV 95 (Nev. 2017).
“; see NRS 607.160(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.”
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