Existing law requires the payment of prevailing wages to certain workers on a public work. (NRS 338.020) Existing law makes the prevailing wage requirements applicable to certain other construction projects that do not meet the definition of a “public work.” (See, e.g. NRS 244.286, 244A.058, 244A.763, 268.568, 271.710, 271.800, 278C.240, 279.500, 318.140, 318.144, 321.416, 332.390, 333A.120, 349.670, 349.956, 349.981, 388A.635, 408.3886, 543.545, 701B.265, 701B.625) Section 2 of this bill requires a contractor or subcontractor on a public work or other project paid for in whole or in part from public funds to provide certain documents upon the written request of a Taft-Hartley trust fund or a joint labor-management committee. The documents that may be inspected upon request, as they relate to the public work, are: (1) the bid on the contract and any documents submitted as part of the bidding process; (2) any executed contract or subcontract; and (3) any record of work performed, including, without limitation, payroll records. Section 2 provides that: (1) the requested documents must be produced within 10 days after receipt of a written request; and (2) personal identifying information must be redacted from any requested document. Section 2 further provides that: (1) if a document requested is not provided within 10 days after receipt of a written request, the requesting party may file a complaint with the Labor Commissioner; (2) upon review of such a complaint, the Labor Commissioner may impose an administrative penalty against the noncompliant party in the amount of $100 for each day the document is not produced; and (3) a contractor will not be penalized for failing to produce any requested document that is in the possession or control of a subcontractor. For the purposes of section 2, it shall be deemed that a project is a project paid for in whole or in part by public money if: (1) a public body pays money or other compensation directly to or on behalf of the developer or contractor of the project or any subcontractor who performs any work on the project; (2) a public body pays, credits, reduces, forgives or waives any fee, cost, rent, insurance premium, bond premium, obligation or expense in relation to the project that is normally required in the execution of a contract for a public work; (3) a public body loans money in relation to the project that is required to be repaid to the public body on a contingent basis; or (4) in relation to the project, a public body transfers the project for less than fair market value.
Section 3 of this bill provides that a representative of a joint labor-management committee must be given reasonable access to a public work to monitor compliance with prevailing wage and certain apprenticeships requirements. Section 3 exempts a public body, contractor or subcontractor on a public work from liability for any injury sustained by, or violation of any standard for occupational safety and health as a result of monitoring by, a representative of a joint labor-management committee. Section 3 further authorizes a joint labor-management committee to bring a cause of action in a court of competent jurisdiction against a public body, contractor or subcontractor who denies reasonable access to a public work and, if the joint labor-management committee prevails, to be awarded: (1) $1,000 for each occasion reasonable access was denied; and (2) reasonable attorney's fees and costs. Section 3 defines “reasonable access” as access during reasonable working hours that does not disrupt the performance of any work and does not violate any occupational safety and health standards.