AB 210 — Revises provisions governing public works. (BDR 28-832)

(ReprintedAssembly withBill amendmentsNo. adopted on April 14, 2023) FIRST REPRINT A.B.

210210–Assemblymen ADuran, SSEMBLYTorres, BILLGonzález; N O.

210–ACarter, SSEMBLYMENGorelow, DLa URANRue ,Hatch, TMarzola, ORRESNewby, ,Nguyen Gand ONZÁLEZThomas ;CHAPTER..........

C ARTER , G ORELOW , LA R UE HATCH , M ARZOLA , EWBY , NGUYEN AND T HOMAS FEBRUARY 22, 2023 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions governing public works.

(BDR 28-832) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

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

Existing law requires every contract to which a public body of this State is a party that requires the employment of certain skilled, semiskilled and unskilled workers to contain in express terms the hourly and daily rate of wages to be paid to each class of applicable workers.

The hourly and daily rate must not be less than the prevailing wage in the region in which the public work is located, as determined by the Labor Commissioner.

(NRS 338.020, 338.030) Section 5.5 of this billbilldetermined requires each contractor engaged on a public work to provide his or her workers assignedat to the publictime workof withhire a written or electronic notice that sets forth:

(1) the Internet website of the Labor Commissioner where the prevailing wage rates for the public work project are posted;

Section 5.5 further requires the contractor to obtain from each worker a written or electronic acknowledgment of receipt of the notice, to be maintained by the contractor for a period of at least 2 years and made available to the Labor Commissioner upon request.

Existing law requires, with certain exception, the Labor Commissioner, after an opportunity for a hearing, to assess a person found to have failed to pay theerthe an required prevailing wage an amount equal to the difference between the prevailing wages required to be paid and the wages that the contractor or subcontractor - *AB210_R1* – 2 – actually paid.

(NRS 338.090) Section 6 of this bill requires, without exception, a personpay foundan toaffected haveworker willfullydamages andin repeatedlyan failedamount tothat payis theequal prevailingto wagethe differencewage to between the prevailing wages required to be paid and the wages that the contractor or subcontractor actually paid to the affected worker.

EXPLANATION – Matter in bolded italics is new;

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

2.2-5.

(Deleted by amendment.) - 82nd Session (2023) – 2 – Sec.

3.

(Deleted by amendment.) Sec.

4.

(Deleted by amendment.) Sec.

5.

(Deleted by amendment.) Sec.

A contractor engaged on a public work shall provide to his or her workers assignedat to the publictime workof hire a written or electronic notice that includes, without limitation:

(a) The Internet website of the Labor Commissioner where the prevailingpre(b) wageThe ratesname forof the publiccontractor; work are posted;

(b)andork Theare nameposted; of the contractor;

and (c) The physical address of the principal place of business of the contractor.

A contractor shall obtain a written or electronic acknowledgement of receipt of theany notice pursuant to this sectionsection. from each worker assigned to the public work.

EachThe acknowledgement of notice must be maintained by the contractor for at least 2 years, made available to the Labor Commissioner upon request and include, without limitation:

(a) Shall, except as otherwise provided in subsection 4, assess a person who, after an opportunity for a hearing, is found to have failed to pay the prevailing wage required pursuant to NRS 338.020 to 338.090, inclusive, an amount equal to the difference between the - *AB210_R1* – 3 – prevailing wages required to be paid and the wages that thetween the contractor or subcontractor actually paid;

If the Labor Commissioner finds that a person has failed to pay the prevailing wage required pursuant to NRS 338.020 to 338.090, inclusive, the public body may, in addition to any other remedy or penalty provided in this chapter, require the person to pay - 82nd Session (2023) – 3 – the actual costs incurred by the public body to investigate the matter.

The Labor Commissioner is not required to assess a person an amount equal to the difference between the prevailing wages required to be paid and the wages that the contractor or subcontractor actually paid if the contractor or subcontractor has already paid that amount to a worker pursuant to paragraph (c) of subsection 4 of NRS 338.035.

H~~~~~ 23 - *AB210_R1*82nd Session (2023)