Current through September 16, 2024
1. Based on the
information described in subsection 1 of NAC
338.020, the Labor Commissioner
will determine the prevailing rate of wages paid to each recognized class of
workers in a region as follows:
(a) Where the
rate of wages is the same for the majority of the total hours worked by a
recognized class of workers who are employed in the region on construction
similar to the proposed construction, including, without limitation, rates of
wages that were collectively bargained, that rate will be determined as the
prevailing rate.
(b) Where there is
no such majority, the prevailing rate for the recognized class of workers will
be determined as:
(1) The rate of wages paid
for the greater number of hours worked by the recognized class of workers if
that number constitutes 40 percent or more of the total number of hours worked
by the recognized class of workers; or
(2) The average rate of wages paid per hour,
based on the number of hours worked per rate, to a recognized class of workers
who are employed if the number of hours paid at the same rate is less than 40
percent of the total number of hours worked by the recognized class of
workers.
(c) When
calculating the prevailing wage in a region in accordance with
NRS
338.030, if no construction similar to the
proposed construction has been performed within the region in the past 2 years,
the Labor Commissioner will consider the prevailing rate of wages paid in:
(1) The Northern Rural Prevailing Wage
Region, when calculating the prevailing wage for the Washoe Prevailing Wage
Region;
(2) The Washoe Prevailing
Wage Region, when calculating the prevailing wage for the Northern Rural
Prevailing Wage Region;
(3) The
Southern Rural Prevailing Wage Region, when calculating the prevailing wage for
the Clark Prevailing Wage Region; and
(4) The Clark Prevailing Wage Region, when
calculating the prevailing wage for the Southern Rural Prevailing Wage
Region.
2. If
the Labor Commissioner determines that the prevailing rate of wages for a
surveyed recognized class of workers is a wage which has been collectively
bargained, the Labor Commissioner will use the job classifications, scope of
work and job descriptions for the recognized class of workers established in
the collective bargaining agreement for the time period for which the
collectively bargained wage is the prevailing rate of wages for that class of
workers.
3. Nothing in this section
shall be construed as authorizing the Labor Commissioner to create a new job
classification, subclassification, scope of work or job description for a
recognized class of work without first conducting a hearing as required by NAC
338.090.
4. As used in this section, "construction
similar to the proposed construction" means any construction other than the
construction of:
(a) A single-family
residence; or
(b) A multifamily
residence that is not more than three stories in height.
Added to NAC by Labor
Comm'r eff. 12-1-83; A by R072-00, 8-15-2000; R072-00, 8-15-2000, eff.
7-1-2001; A by
R018-18A,
eff. 5/22/2020
NRS
338.012,
338.020,
338.030
