Existing law requires every contract to which a public body of this State is a party that requires the employment of certain skilled, semiskilled and unskilled workers to contain in express terms the hourly and daily rate of wages to be paid to each class of applicable workers. The hourly and daily rate must not be less than the prevailing wage in the region in which the public work is located, as determined by the Labor Commissioner. (NRS 338.020, 338.030) Section 5.5 of this bill requires each contractor engaged on a public work to provide his or her workers at the time of hire a written or electronic notice that sets forth: (1) the Internet website of the Labor Commissioner where the prevailing wage rates for the public work project are posted; (2) the name of the contractor; and (3) the physical address of the principal place of business of the contractor. Section 5.5 further requires the contractor to obtain a written or electronic acknowledgment of receipt of any notice, to be maintained by the contractor for a period of at least 2 years and made available to the Labor Commissioner upon request. Existing law requires, with certain exception, the Labor Commissioner, after an opportunity for a hearing, to assess a person found to have failed to pay the required prevailing wage an amount equal to the difference between the prevailing wages required to be paid and the wages that the contractor or subcontractor actually paid. (NRS 338.090) Section 6 of this bill requires, without exception, a person found to have willfully and repeatedly failed to pay the prevailing wage to pay an affected worker damages in an amount that is equal to the difference between the prevailing wages required to be paid and the wages that the contractor or subcontractor actually paid to the affected worker.

Statutes affected:
As Introduced: 338.070, 338.090
Reprint 1: 338.090
Reprint 2: 338.090
As Enrolled: 338.090
BDR: 338.070, 338.090