SB 245 — Makes changes regarding employment. (BDR 53-829)

(ReprintedSenate withBill amendmentsNo. adopted on April 13, 2021) FIRST REPRINT S.B.

245245–Senator SLange ENATECHAPTER.......... B ILLN O.

245–SENATOR L ANGE M ARCH 15, 2021 ____________ Referred to Committee on Commerce and Labor SUMMARY—Makes changes regarding employment.

(BDR 53-829) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

establishing provisions governing the exercise of jurisdiction by the Labor Commissioner over certain claims and complaints that arise under certain collective bargaining agreements;

establishing a private right of action for certain claims for unpaid wages upon termination;

prohibiting the Labor Commissioner from exercising jurisdiction of such claims under certain circumstances;

Underlaws existingof law,this theState. Labor Commissioner is required to enforce all the labor wages, commissions and other benefits.

(NRS 607.170,607.160) 608.180)This Sectionincludes 1laws ofgoverning this bill provides, with certain exceptions, that if a person who files a complaint with the Laborpayment Commissionerof islabor coveredwages, bycommissions aand collective bargaining agreement that provides the claimant with a remedy or other reliefbenefits. for a violation of its terms, the Labor Commissioner is required to decline jurisdiction of the claim until the the agreement are exhausted.

(NRS 607.170, 608.180) Section 1 requiresof thethis Laborbill Commissionerprovides, towith takermscertain ofexceptions, jurisdictionthat ofif sucha person who files a claimcomplaint ifwith hethe orLabor sheCommissioner determinesis covered by a collective bargaining agreement that provides the remediesclaimant with a remedy or other relief providedfor toa theviolation claimantof byits terms, the termsLabor Commissioner is required to decline jurisdiction of the collectiveclaim bargainingor agreementcomplaint areuntil inadequate,the unavailableremedies, orother non-binding,relief and thereafterappeals, determineif complianceany, withprovided to the laborclaimant lawsby the terms of thisthe State.agreement are exhausted.

Section 1.51 ofrequires thisthe billLabor revisesCommissioner remedies or other relief provided to the definitionclaimant by the terms of “wages”the incollectivehe existingbargaining lawagreement toare quitsinadequate, andunavailable whoseor formernon-binding, employerand failsthereafter todetermine paycompliance with the employeelabor bylaws theof statutoryrthis deadlines.State.

(NRSUnder 608.012)existing -law, *SB245_R1*whenever –an 2employer –discharges THEan PEOPLEemployee, OFthe THEwages STATEand OFcompensation NEVADA,earned REPRESENTEDand INunpaid SENATEat ANDthe ASSEMBLY,time DOof ENACTthe ASdischarge FOLLOWS:become due and payable immediately.

(NRS 608.020) Whenever an employee resigns or quits his or her employment, the wages and compensation earned and unpaid at the time of the employee would have regularly been paid or 7 days after the employee resigns or the quits, whichever is earlier.

(NRS 608.030) If the employer fails to pay the wages or compensation earned by the employee within the periods established by statute, the employee is entitled to continue to receive his or her customary compensation until he or she is paid in full or for 30 days, whichever is less.

(NRS 608.040) Finally, whenever an employer of labor discharges or lays off an employee who is covered by a contract of employment, including a collective bargaining agreement, without first paying the employee, in cash or its equivalent, the amount of any wages or and collect wages in the amount set forth in the contract for each day the employer is in default, until the employee is paid in full, for not more than 30 days.

(NRS 608.050) If an employer fails to pay wages, compensation or salary to an employee upon termination as required under existing law, section 1.3 of this bill authorizes the employee to bring a civil action against the employer for up to 2 years after the employer’s failure.

Section 1.3 also prohibits the Labor Commissioner from taking jurisdiction of a claim for unpaid wages upon termination during the pendency of a civil action for the same wages.

- 81st Session (2021) – 2 – include amounts owed to a discharged employee or an employee who resigns oraw to quits and whose former employer fails to pay the employee by the statutory deadlines.

(NRS 608.012) EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1.3.

Chapter 608 of NRS is hereby amended by adding thereto a new section to read as follows:

1.

If an employer fails to pay wages, compensation or salary to an employee in accordance with the requirements set forth in NRS 608.020 to 608.050, inclusive, the employee may, at any time within 2 years after the employer’s failure, bring a civil action aga2.st The Labor Commissioner shall not take jurisdiction of a claim for wages during the pendency of a civil action for the same wages brought pursuant to subsection 1.

Sec.

1.- 81st Session (2021) – 3 – for the time the employee has worked, computed in proportion to time;

The amount which an employer agrees to pay an employee for the time the employee has worked, computed in proportion to time;

Amounts due to a discharged employee or to an employee who resigns or quits pursuant to NRS 608.040,  but excludes any bonus or arrangement to share profits.

H~~~~~ 21 - *SB245_R1*81st Session (2021)