This bill enacts provisions relating to task workers. Section 11 of this bill defines “task worker” to mean a natural person who has entered into a contract with a task delivery platform provider to receive connections to users in need of the performance of a specific task through the task delivery platform of the provider. Section 9 of this bill defines “task delivery platform” to mean an Internet website, online service or mobile application that: (1) connects users in need of the performance of a specific task to a task worker who can perform the task; and (2) uses algorithms or automated systems for certain purposes. Section 10 of this bill defines “task delivery platform provider” or “provider” to mean a person who operates a task delivery platform. Sections 13-35 of this bill authorize collective bargaining between task workers, through a task worker organization certified as an exclusive bargaining representative, and providers, and set forth procedures and requirements governing such collective bargaining. Section 14 provides that task workers have the right to: (1) organize, form, join or assist task worker organizations, engage in collective bargaining through exclusive bargaining representatives and engage in other concerted activities; and (2) refrain from engaging in such activities. Existing law creates the Government Employee-Management Relations Board and sets forth the powers and duties of the Board concerning collective bargaining between public employees and public employers. (Chapter 288 of NRS) Sections 13-35, 43-47, 49 and 50 of this bill expand the powers and duties of the Board to include various powers and duties relating to collective bargaining between task workers and providers. Sections 41, 48 and 49 of this bill change the name of the Board to the Labor Relations Board to conform to this change in powers and duties. Section 15 sets forth certain prohibited practices for task delivery platform providers and task worker organizations, including, among others, the refusal to collectively bargain in good faith concerning the compensation, hours, procedures for the adjustment of grievances and other terms and conditions of work. Section 16 sets forth procedures for the Board to hear and decide complaints alleging that a party committed such a prohibited practice. Section 17 requires each provider to submit certain quarterly reports to the Board concerning the task workers with whom the provider has contracted. Section 17 additionally requires the Board to maintain a list of each active task worker based on the information provided in such reports. Section 18 requires the Board to establish by regulation industry-wide bargaining units consisting of groups of task workers who have a sufficient community of interest appropriate for representation by a task worker organization for the purpose of collective bargaining. Section 19 sets forth procedures by which a task worker organization may be designated as a recognized bargaining representative of a bargaining unit by the Board. Sections 20 and 21 set forth procedures by which a task worker organization may be certified as the exclusive bargaining representative for a bargaining unit. Section 23 provides that a task worker organization that has been certified as an exclusive bargaining representative remains the exclusive bargaining representative until replaced or decertified in accordance with the procedures set forth in sections 23 and 29. Section 22 sets forth procedures for the conduct of certain elections ordered by the Board relating to the representation of task workers. Section 24 grants an exclusive bargaining representative the exclusive right to engage in collective bargaining with providers who have contracted with task workers within the bargaining unit represented by the exclusive bargaining representative. Section 25 establishes procedures for the deduction from the compensation due to a task worker of amounts for membership dues in a task worker organization. Sections 26-31 set forth procedures and requirements governing the collective bargaining process to reach a recommended agreement between an exclusive bargaining representative of a bargaining unit and the providers who have contracted with task workers within the bargaining unit, including procedures for mediation and arbitration. Section 32 provides that any recommended agreement reached by the parties or the decision of an arbitrator does not become effective until approved by the Labor Commissioner. Section 32 authorizes the Labor Commissioner to approve, with or without modification, or reject any recommended agreement or decision of an arbitrator. If the Labor Commissioner approves an agreement or decision, section 32 requires the Labor Commissioner to establish effective and expiration dates for the agreement or decision. Section 33 provides that such an agreement does not preempt or supersede any statute or regulation setting forth labor standards that provide greater benefits or protections to a task worker. Section 34 provides for judicial review of certain determinations and decisions of the Board and Labor Commissioner made pursuant to sections 13-35. Section 35 authorizes the Board and the Labor Commissioner to adopt certain regulations. The Nevada Unfair Trade Practice Act sets forth various activities that constitute a contract, combination or conspiracy in restraint of trade and authorizes the Attorney General to investigate and take certain actions against persons who engage in such activities, which may include, without limitation, criminal prosecution and the imposition of civil penalties. (Chapter 598A of NRS) Under the state action immunity doctrine, private parties engaged in activities that would otherwise violate federal antitrust laws may be immune from such laws if the activity is undertaken pursuant to a “clearly articulated and affirmatively expressed . . . state policy” and the policy is “actively supervised by the State itself.” (California Retail Liquor Dealers Ass'n v. Midcal Aluminum, Inc., 445 U.S. 97, 105 (1980)(internal quotation marks omitted)) Section 13 expresses the intention of the Legislature to exempt activities authorized pursuant to sections 13-35 that may otherwise be constrained by State antitrust laws from such laws and to provide immunity for such activities from federal antitrust laws through the state action immunity doctrine. Section 51 of this bill exempts activities authorized by sections 13-35 from the provisions of the Nevada Unfair Trade Practice Act. Section 36 of this bill requires a task delivery platform provider to: (1) make certain disclosures to users of the task delivery platform of the provider; and (2) provide a task worker with whom the provider has contracted regular reports concerning the compensation of the task worker. Existing law requires an employer to pay an employee a wage of not less than a certain minimum wage for each hour the employee works. (Nev. Const. Art. 15, § 16; NRS 608.250) Existing law requires the Labor Commissioner to administer and enforce the provisions of existing law governing the minimum wage and makes it a misdemeanor for a person to violate those provisions. (NRS 608.270, 608.290) Existing law authorizes an employee who has been paid by an employer a lesser amount than the minimum wage to bring a civil action against the employer. (NRS 608.260) Sections 37, 39 and 40 of this bill: (1) require a task delivery platform provider to ensure that a task worker with whom the provider has contracted is paid for each hour the task worker works in performing tasks through the task delivery platform of the provider an amount that is not less than the minimum wage; (2) authorizes a task worker to bring a civil action against a provider who violates that requirement; (3) provides for the administration and enforcement of that requirement by the Labor Commissioner; and (4) makes it a misdemeanor to violate that requirement. Section 38 of this bill sets forth certain requirements and restrictions for contracts between a task worker and a task delivery platform provider. Sections 3-12 of this bill define words and terms relating to task workers.

Statutes affected:
As Introduced: 608.270, 608.290, 281.755, 288.015, 288.029, 288.080, 288.110, 598A.040
BDR: 608.270, 608.290, 281.755, 288.015, 288.029, 288.080, 288.110, 598A.040