Existing law requires an employer to pay an employee a wage of not less than a certain minimum wage. (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. (NRS 608.270) Existing law provides for the establishment of certain programs to provide services to certain elderly persons or persons with disabilities to allow such persons to remain in their homes or in the community. (NRS 422.396, 427A.250-427A.280, 427A.793) Section 8 of this bill designates such a program, and any similar program established by a state agency or a local government, as a “home care program.” Existing law authorizes an agency licensed as an agency to provide personal care services in the home to provide certain authorized medical services to persons with disabilities and certain nonmedical services related to personal care to elderly persons or persons with disabilities. (NRS 449.1935) Under existing law, certain providers of temporary respite services are not required to be licensed as an agency to provide personal care services in the home. (NRS 449.0021) Existing law authorizes a certified intermediary service organization to provide certain services related to the employment of a personal assistant who is selected by a person with a disability or other responsible person to provide certain nonmedical and authorized medical services to the person with a disability. (NRS 449.4308) Section 6 of this bill designates an agency to provide personal care services in the home, an intermediary service organization and certain providers of temporary respite services that have entered into a contract with a state agency or a local government to provide certain services under a home care program as “home care employers.” Section 5 of this bill designates a person who is an employee of a home care employer and who provides personal care services, personal assistance or temporary respite services through a home care program as a “home care employee.” Section 13 of this bill requires the Director of the Department of Health and Human Services to establish a home care employment standards board if the Director determines that it is necessary or upon the petition of 50 or more home care employees. Section 13 sets forth the membership of such a board, which consists of certain representatives of home care employers and home care employees and certain other persons. Section 14 of this bill provides that if the Director establishes a home care employment standards board upon the petition of 50 or more home care employees, the Director or his or her designee is required to meet with representatives of the petitioners and discuss certain matters relating to the employment of home care employees. Section 15 of this bill requires the Director and the Labor Commissioner to conduct an investigation into certain matters relating to the employment of home care employees and present the findings of the investigation to a home care employment standards board at the first meeting of the board. Section 16 of this bill requires a home care employment standards board to conduct an investigation into certain matters of its choosing related to the wages and working conditions of home care employees and the compliance of home care employers with applicable laws. Section 16 also requires a home care employment standards board to, based on such an investigation, develop recommendations regarding: (1) the minimum wage that may be paid to a home care employee; or (2) safe and healthful working conditions for home care employees. Section 16 requires a home care employment standards board to submit to the Director a report with its findings and recommendations not later than 1 year after the date of its first meeting. Section 16.5 of this bill requires the Director to make any report submitted by a home care employment standards board available on an Internet website maintained by the Director. Section 17 of this bill authorizes the Director to take certain actions with respect to the report of a home care employment standards board. Under section 18 of this bill, if the Director approves of a recommendation of such a board, the Director is required to adopt regulations as necessary to: (1) establish the minimum wage recommended by the home care employment standards board as the minimum wage which may be paid by a home care employer to a home care employee in this State; or (2) provide for safe and healthful working conditions for home care employees in accordance with the recommendation of the home care employment standards board. Section 18 also provides that if the Director establishes a minimum wage for a home care employee, the Director is also authorized to adopt regulations concerning the payment of overtime for such employees. Section 21 of this bill provides that such regulations prevail over the provisions of existing law governing the payment of overtime generally. (NRS 608.018) Section 20 of this bill makes it a misdemeanor for a home care employer to take certain actions against a home care employee because the home care employee engages in or is believed to have engaged in certain activities relating to a home care employment standards board. Section 22 of this bill revises provisions of existing law which authorize an employee to bring a civil action against an employer who pays the employee less than the minimum wage for the purpose of allowing a home care employee to bring such an action against a home care employer who pays the homecare employee less than the minimum wage for a home care employee established by regulation pursuant to section 18. (NRS 608.260) Section 23 of this bill provides for the enforcement of the provisions governing the minimum wage for a home care employee established pursuant to section 18 in the same manner in which the minimum wage established under existing law is enforced. (NRS 608.270) Existing law provides that a person who violates the provisions of existing law governing the minimum wage is guilty of a misdemeanor and is subject to an administrative fine of not more than $5,000. (NRS 608.290) Section 24 of this bill applies these same penalties to a person who violates the provisions governing the minimum wage for a home care employee established by the Director pursuant to section 18. Section 25 of this bill authorizes a home care employment standards board or the Labor Commissioner to develop certain recommendations related to the outbreak of the disease identified by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services as COVID-19 and submit such recommendations to the Governor and the Legislature. Sections 3-12 of this bill define words and terms for the purposes of sections 2-20 of this bill. Sections 26 and 27 of this bill make appropriations to the Office of the Labor Commissioner in the Department of Business and Industry and the Division of Public and Behavioral Health of the Department of Health and Human Services, respectively, for personnel, operating and equipment costs to carry out the provisions of this bill.

Statutes affected:
As Introduced: 608.018, 608.260, 608.270, 608.290
Reprint 1: 608.018, 608.260, 608.270, 608.290
Reprint 2: 608.018, 608.260, 608.270, 608.290
As Enrolled: 608.018, 608.260, 608.270, 608.290