Nevada § 608.400 - Misclassification prohibited; administrative penalties; notice and opportunity for hearing
Full text of Nevada Nevada Revised Statutes § 608.400 — Misclassification prohibited; administrative penalties; notice and opportunity for hearing, with citation guidance and answers to common questions.
§ 608.400. Misclassification prohibited; administrative penalties; notice and opportunity for hearing
1. An employer shall not: (a) Through means of coercion, misrepresentation or fraud, require a person to be
classified as an independent contractor or form any business entity in order to classify
the person as an independent contractor; or (b) Willfully misclassify or otherwise willfully fail to properly classify a person
as an independent contractor. 2. In addition to any other remedy or penalty provided by law, the Labor Commissioner
may impose an administrative penalty against an employer who misclassifies a person
as an independent contractor or otherwise fails to properly classify a person as an
employee of the employer. An administrative penalty imposed pursuant to this section must be: (a) For a first offense committed by an employer who misclassifies or otherwise fails
to properly classify a person as an employee of the employer, a warning issued to
the employer by the Labor Commissioner. (b) For a second or subsequent offense, a fine of $5,000 for each employee who was
willfully misclassified imposed by the Labor Commissioner. 3. Before the Labor Commissioner may enforce an administrative penalty against an
employer for misclassifying or otherwise failing to properly classify an employee
of the employer pursuant to this section, the Labor Commissioner must provide the
employer with notice and an opportunity for a hearing as set forth in NRS 607.207 . The Labor Commissioner may impose the administrative penalty as set forth in subsection
2 if the Labor Commissioner finds that: (a) The employer misclassified a person as an independent contractor; or (b) The employer otherwise failed to properly classify a person as an employee of
the employer.
Frequently Asked Questions About Nevada § 608.400
What does Nevada Revised Statutes § 608.400 cover?
Section 608.400 ("Misclassification prohibited; administrative penalties; notice and opportunity for hearing") is part of the Nevada Revised Statutes, the codified statutory law of Nevada. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Nevada § 608.400?
A common citation format is "Nevada Revised Statutes § 608.400" (Nevada). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Nevada law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Nevada official source linked on this page or consult a licensed Nevada attorney.
How does Nevada § 608.400 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Nevada can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Nevada.