SB 340 — Revises provision relating to the wages and working conditions of certain employees. (BDR 53-573)

and (b) The following voting members:

A home care employment standards board shall meet as often as necessary to accomplish the duties set forth in section 16 of this act, but not less than once each calendar quarter.

- *SB340_R1* – 6 – Sec.

If a home care employment - 81st Session (2021) – 6 – standards board is established upon the petition of 50 or more home care employees pursuant to section 13 of this act, the first meeting of the board must be held not later than 60 days after the date of the meeting described in section 14 of this act.

2.standards board, the Director and the Labor Commissioner shall conduct a preliminary investigation into the wages and working conditions of home care employees in this State and the compliance of home care employers with applicable federal, state and local laws.

Before the first meeting of a home care employment standards board, the Director and the Labor Commissioner shall conduct a preliminary investigation into the wages and working conditions of home care employees in this State and the compliance of home care employers with applicable federal, state and local laws.

(1) The minimum wage that may be paid to a home care employee in this State;

or that may be paid to a home care (2) Safe and healthful working conditions for home care employees.

- *SB340_R1* – 7 – (c) The adequacy of the role of home care employees in making decisions affecting their wages and working conditions;

- 81st Session (2021) – 7 – (d) The adequacy and enforcement of training requirements for home care employees;

(e) The impact of home care programs, the larger system for long-term care in this State and any efforts to reach the goal of rebalancing long-term care services toward home and community- based services on the wages and working conditions of home care employees;

A state agency that receives a reasonable request for information from a home care employment standards board shall comply with therequest.est request as soon as is reasonably practicable after receiving the request.5.

5.

- *SB340_R1*81st Session (2021) – 8 – Sec.

Upon receipt of a report submitted by a home care employment standards board pursuant to subsection 6 of section 16 of this act, the Director shall review the findings and each recommendation contained in the report.

1.

Approve or disapprove any recommendation;

If the Director adopts regulations establishing the minimum wage which may be paid to a home care employee pursuant to paragraph (a) of subsection 1, the Director may also adopt any regulations concerning the payment of overtime to a home care employee which the Director deems appropriate and whichwhiSec. are consistent with federal law.

Sec.

Each home care employer shall pay to each home care employee of the employer a wage of not less than the minimum wage established by regulation of the Director pursuant to section 18 of this act.

It is unlawful for a home care employer in this State to discharge, discipline, discriminate against in any manner - 81st Session (2021) – 9 – or deny employment or promotion to, or threaten to take any such action against, a home care employee because:

- *SB340_R1* – 9 – (a) The home care employee serves as a member of a home care employment standards board;

(b)formation of a home care employment standards board;ted in the (c) The home care employee has activelytestified participatedor is about to testify in thean formationinvestigation ofconducted by a home care employment standards board;

(c) The home care employee has testified or is about to testify in an investigation conducted by a home care employment standards board;

2.wage rate whenever an employee who receives compensation forar employment at a rate not less than 1 1/2 times the minimum rate set forth in NRS 608.250 works more than 40 hours in any scheduled week of work.

An employer shall pay 1 1/2 times an employee’s regular wage rate whenever an employee who receives compensation for employment at a rate not less than 1 1/2 times the minimum rate set forth in NRS 608.250 works more than 40 hours in any scheduled week of work.

(d)- Employees81st whoSession are(2021) employed– in10 bona– fide executive, administrative or professional capacities;capacities;fide executive, (e) Employees covered by collective bargaining agreements which provide otherwise for overtime;

(e)(f) EmployeesDrivers, covereddrivers’ byhelpers, collectiveloaders bargainingand agreementsmechanics whichfor providemotor otherwisecarriers forsubject overtime;to the Motor Carrier Act of 1935, as amended;

- *SB340_R1* – 10 – (f) Drivers, drivers’ helpers, loaders and mechanics for motor carriers subject to the Motor Carrier Act of 1935, as amended;

(n) A mechanic or worker for any hours to which the provisions of subsection(o) 3A domestic worker who resides in the household where he or 4she works if the domestic worker and his or her employer agree in writing to exempt the domestic worker from the requirements of NRSsubsections 338.0201 apply;and 2;

(o) A domestic worker who resides in the household where he or she works if the domestic worker and his or her employer agree in writing to exempt the domestic worker from the requirements of subsections 1 and 2;

(b)section “Home5 careof employee”this act.oyee” has the meaning ascribed to it in sectionSec. 5 of this act.

Sec.

A contract - 81st Session (2021) – 11 – between the employer and the employee or any acceptance of a lesser wage by the employee is not a bar to the action.

(a) The employee is entitled to all remedies available under the law or in equity appropriate to remedy the violation by the employer - *SB340_R1* – 11 – which may include, without limitation, back pay, damages, reinstatement or injunctive relief;

If any such district attorney fails, neglects or refuses for 20 days to commence a prosecution for a violation of the provisions of NRS 608.250 [,] or section 18 of this act, after being furnished data and information concerning the violation, and diligently to prosecute the same to conclusion, the district attorney is guilty of a misdemeanor, and in addition thereto must be removed from office.

For the period of time that any emergency directive issued by the Governor pursuant to chapter 414 of NRS relating 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 remains in effect, a home care- employment81st standardsSession board(2021) or,– if12 such– a board has not been established by December 1, 2021, the Labor Commissioner, may:may:een (a) Examine matters relating to COVID-19, including, without limitation, the adequacy of plans relating to the distribution of personal protective equipment to home care employees, the testing of home care employees for COVID-19 and the distribution of vaccines for COVID-19 to home care employees;

(a) Examine matters relating to COVID-19, including, without limitation, the adequacy of plans relating to the distribution of personal protective equipment to home care employees, the testing of home care employees for COVID-19 and the distribution of vaccines for COVID-19 to home care employees;

- *SB340_R1* – 12 – (1) Measures to ensure that plans relating to the distribution of personal protective equipment to home care employees, the testing of home care employees for COVID-19 and the distribution of vaccines for COVID-19 to home care employees are sufficient and equitable;

(3) Protocols to allow a home care employee to report an outbreak of COVID-19 or any deficiencies relating to personal protective equipment or testing for COVID-19 without fear of retaliation;

andandment or testing for COVID-19 without fear of (4) Measures to ensure that the disbursement of federal funds for COVID-19 relief are targeted with the greatest impact.

(a)section 5 of this act.oyee” has the meaning ascribed to it in (b) “Home care employee”employer” has the meaning ascribed to it in section 56 of this act.

(b) “Home care employer” has the meaning ascribed to it in section 6 of this act.

HSec. - *SB340_R1*

26.

1.

There is hereby appropriated from the State General Fund to the Office of the Labor Commissioner in the Department of Business and Industry for personnel, operating and - 81st Session (2021) – 13 – equipment costs to carry out the provisions of this act the following sums:

For the Fiscal Year 2021-2022....................................$71,665 For the Fiscal Year 2022-2023....................................$88,469 2.

Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 16, 2022, and September 15, 2023, respectively.

Sec.

27.

1.

There is hereby appropriated from the State General Fund to the Division of Public and Behavioral Health of the Department of Health and Human Services for personnel, operating and equipment costs to carry out the provisions of this act the following sums:

For the Fiscal Year 2021-2022....................................$86,609 For the Fiscal Year 2022-2023..................................$110,120 2.

Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 16, 2022, and September 15, 2023, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 16, 2022, and September 15, 2023, respectively.

Sec.

28.

1.

This section and sections 26 and 27 of this act become effective on July 1, 2021.

2.

Sections 1 to 25, inclusive, of this act become effective on October 1, 2021.

~~~~~ 21 - 81st Session (2021)