Nevada § 338.030 - Procedure for determination of prevailing wage in region; duration of rates

§ 338.030. Procedure for determination of prevailing wage in region; duration of rates

1. The public body awarding any contract for public work, or otherwise undertaking

any public work, shall ascertain from the Labor Commissioner the prevailing wage in

the region established pursuant to NRS 338.025 in which the public work is to be performed for each craft or type of work. 2. The prevailing wage in each such region must be determined by the Labor Commissioner. To determine the prevailing wage in each region, the Labor Commissioner shall, in

each odd-numbered year, survey contractors who have performed work in the region. Within 30 days after the determination is issued: (a) A public body or person entitled under subsection 5 to be heard may submit an

objection to the Labor Commissioner with evidence to substantiate that a different

wage prevails; and (b) Any person may submit information to the Labor Commissioner that would support

a change in the prevailing wage of a craft or type of work by 50 cents or more per

hour in any region. 3. The Labor Commissioner shall hold a hearing in the region in which the work is

to be executed if the Labor Commissioner: (a) Is in doubt as to the prevailing wage; or (b) Receives an objection or information pursuant to subsection 2. The Labor Commissioner may hold only one hearing a year on the prevailing wage of

any craft or type of work in any region. 4. Notice of the hearing must be advertised in a newspaper in the region in which

the work is to be executed once a week for 2 weeks before the time of the hearing. 5. At the hearing, any public body, the crafts affiliated with the State Federation

of Labor or other recognized national labor organizations, and the contractors of

the region or their representatives must be heard. From the evidence presented, the Labor Commissioner shall determine the prevailing

wage. 6. If the Labor Commissioner determines pursuant to subsection 2 that the prevailing

wage for a craft or type of work is a wage that has been collectively bargained, the

Labor Commissioner shall: (a) Include in his or her determination of that prevailing wage any compensation in

addition to the basic hourly wage or benefit for the craft or type of work required

to be provided by the collective bargaining agreement, including, without limitation,

premium pay for hours worked in excess of a shift of 8 hours or 12 hours or such other

time increment set forth in the agreement or on a weekend or holiday and zone pay. As used in this paragraph, “ zone pay ” means additional pay for performing work at a work site that is located in a zone

established in a collective bargaining agreement. (b) Issue an amendment to the determination of the prevailing wage for the craft or

type of work if the collective bargaining agreement provides for an increase in the

wage before the next determination of that prevailing wage by the Labor Commissioner

pursuant to subsection 2. 7. The wages so determined must be: (a) Issued by the Labor Commissioner on October 1 of the odd-numbered year in which

the survey was conducted and, except as otherwise provided in subsection 8, remain

effective for 2 years after that date; and (b) Made available by the Labor Commissioner to any public body which awards a contract

for any public work. 8. On October 1 of each even-numbered year, the Labor Commissioner shall: (a) Adjust the prevailing rate of wages: (1) If the Labor Commissioner determined in the previous odd-numbered year that the

prevailing rate of wages for a class of workers who perform the craft or type of work

was a wage which was collectively bargained, in accordance with the signed collective

bargaining agreement that is on file with the Labor Commissioner, if the collective

bargaining agreement provides for such an adjustment on or before October 1 of that

even-numbered year; or (2) If the Labor Commissioner determined in the previous odd-numbered year that the

prevailing rate of wage for a class of workers who perform the craft or type of work

was not a wage which was collectively bargained, in accordance with the Consumer Price

Index for All Urban Consumers, West Region (All Items), as published by the United

States Department of Labor or, if that index ceases to be published by the United

States Department of Labor, the published index that most closely resembles that index,

as determined by the Labor Commissioner, if any change in that index has occurred

since October 1 of the previous odd-numbered year; and (b) Reissue the prevailing rate of wages for each class of workers who perform the

craft or type of work, including any rates required to be adjusted pursuant to paragraph

(a). 9. If the contract for a public work: (a) Is to be awarded pursuant to a competitive bidding process, the prevailing wages

in effect at the time of the opening of the bids for a contract for a public work

must be paid until the completion or termination of the contract or for the 36 months

immediately following the date on which the bids were opened, whichever is earlier. (b) Is not to be awarded pursuant to a competitive bidding process, except as otherwise

provided in this paragraph, the prevailing rate of wages in effect on the date on

which the contractor for the contract is selected by the awarding body must be paid

until the completion or termination of the contract or for the 36 months immediately

following the date on which the contractor was selected, whichever is earlier. If the contract is not entered into within 90 days after the date of the selection

of the contractor, the prevailing rates of wages in effect on the date on which the

contract is entered into must be paid until the completion or termination of the contract

or for the 36 months immediately following the date on which the contract was entered

into, whichever is earlier. 10. If a contract for a public work is not completed or terminated within 36 months

immediately following the date on which the bids were opened pursuant to paragraph

(a) of subsection 9, within 36 months immediately following the date on which the

contractor was selected, within 36 months immediately following the date the contract

was entered into pursuant to paragraph (b) of subsection 9 or for any 36-month period

thereafter until the contract is completed or terminated: (a) Except as otherwise provided in paragraph (b), the prevailing wages in effect

on the last day of the 36--month period must be paid for the immediately following

36 months. (b) If the prevailing wages in effect on the last day of the 36-month period are lower

than the prevailing wages paid during that 36-month period under the contract, the

prevailing wages paid during that 36--month period must be paid for the immediately

following 36 months. 11. Nothing contained in NRS 338.020 to 338.090 , inclusive, may be construed to authorize the fixing of any wage below any rate which

may now or hereafter be established as a minimum wage for any person employed upon

any public work, or employed by any officer or agent of any public body.