Section 1716 requires agricultural employers,employers duringto periodspost ofcertain emergencynotices orrelated disaster,to to:the provisions established in sections 11-15.

and (2)(2): supply certain information to the agricultural workers.

Sectionsupply 19certain authorizesinformation agricultural workers to organize and form collective barSection 20 establishes a civil remedy for certain persons who are aggrieved by violations of the Agriculturalagricultural Workers’workers. Bill of Rights.

[Section 18 requires the Labor Commissioner to adopt regulations for the purposes of extending the provisions related to the payment of wages and the provision of certain other employee benefits to agricultural workers.

Sections 1-4 of this bill make conforming changes to reflect the changes made by sections 6-21.] Section 19 authorizes agricultural workers to organize and form collective bargaining units.

Section 20 establishes a civil remedy for certain persons who are aggrieved by violations of Section 21 creates the Advisory Committee on Agricultural Work and prescribes its membership and duties.

(Deleted[NRS by608.018 amendment.)is Sec.hereby amended to read as follows:

608.018 1.

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 less than 1 1/2 times the minimum rate set forth in NRS 608.250 works:

(a) More than 40 hours in any scheduled week of work;

or (b) More than 8 hours in any workday unless by mutual agreement the employee works a scheduled 10 hours per day for 4 calendar days within any scheduled week of work.

2.

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.

3.

The provisions of subsections 1 and 2 do not apply to:

(a) Employees who are not covered by the minimum wage provisions of Section 16 of Article 15 of the Nevada Constitution;

(b) Outside buyers;

(c) Employees in a retail or service business if their regular rate is more than 1 1/2 times the minimum wage, and more than half their compensation for a representative period comes from commissions on goods or services, with the representative period being, to the extent allowed pursuant to federal law, not less than 1 month;

(d) Employees who are employed in bona fide executive, administrative or professional capacities;

(e) Employees covered by collective bargaining agreements which provide otherwise for overtime;

Senate Amendment No.

307 to Senate Bill No.

172 Page 5 (f) Drivers, drivers’ helpers, loaders and mechanics for motor carriers subject to the Motor Carrier Act of 1935, as amended;

(g) Employees of a railroad;

(h) Employees of a carrier by air;

(i) Drivers or drivers’ helpers making local deliveries and paid on a trip-rate basis or other delivery payment plan;

(j) Drivers of taxicabs or limousines;

(k) [Agricultural employees;

(l)] Employees of business enterprises having a gross sales volume of less than $250,000 per year;

[(m)] (l) Any salesperson or mechanic primarily engaged in selling or servicing automobiles, trucks or farm equipment;

[(n)] (m) A mechanic or worker for any hours to which the provisions of subsection 3 or 4 of NRS 338.020 apply;

[(o)] (n) 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;

and [(p)] (o) A domestic service employee who resides in the household where he or she works if the domestic service employee and his or her employer agree in writing to exempt the domestic service employee from the requirements of subsections 1 and 2.

4.

Any regulation of the Director of the Department of Health and Human Services concerning the payment of overtime to a home care employee adopted pursuant to NRS 608.670 prevails over the general provisions of this section.

5.

As used in this section:

(a) “Domestic worker” has the meaning ascribed to it in NRS 613.620.

(b) “Home care employee” has the meaning ascribed to it in NRS 608.530.] (Deleted by amendment.) Sec.

An employer shall not employ an employee , including, without limitation, an agricultural employee, for a continuous period of 8 hours , or 5 hours for an agricultural employee, without permitting the employee to have a meal period of at least one-half hour.

Every employer shall authorize and permit all his or her employees , including, without limitation, agricultural employees, to take rest periods, which, insofar as practicable, shall be in the middle of each work period.

The duration of the rest periods shall be based on the total hours worked daily at the rate of 10 minutes for - *SB172_R3* – 3 – each 4 hours or major fraction thereof.

(b)Senate EmployeesAmendment includedNo. within the provisions of a collective bargaining agreement.

307 to Senate Bill No.

172 Page 6 (b) Employees included within the provisions of a collective bargaining agreement.

Sec.[6.

As used in this section, “agricultural employee” means an employee who performs a service or activity described in section 203(f) of the federal Fair Labor Standards Act of 1938, 29 U.S.C.

§ 203(f).] Sec.

In no case shall the value of the meals consumed by such employee be computed or valued at more than 25 percent of the - *SB172_R3* – 4 – statutory minimum hourly wage for each breakfast actually consumed, 25 percent of the statutory minimum hourly wage for each lunch actually consumed, and 50 percent of the statutory minimum hourly wage for each dinner actually consumed.

Except as otherwise provided in NRS 608.0165, any person who violates any provision of NRS 608.005 to 608.195, inclusive, and section 1.3 of thisSenate act,Amendment orNo. 608.215, or any regulation adopted pursuant thereto, is guilty of a misdemeanor.

307 to Senate Bill No.

172 Page 7 this act, or 608.215, or any regulation adopted pursuant thereto, is guilty of a misdemeanor.

- *SB172_R3* – 5 – (a) “Cannabis cultivation facility” has the meaning ascribed to it in NRS 678A.090.

A provider of health care, as defined in NRS 629.031.[629.081.] 629.031;

(Deleted1. by amendment.) Sec.

Except as otherwise provided in subsection 2, an agricultural employer that provides housing and transportation for an agricultural worker shall at least 1 day per week transport the agricultural worker to a location where the agricultural worker can access basic necessities, conduct financial transactions and meet with key service providers, unless the agricultural worker is a range worker who is actively engaged in the production of livestock on the Senate Amendment No.

307 to Senate Bill No.

172 Page 8 open range, in which case, the agricultural employer shall provide the transportation at least 1 day every 3 weeks.

2.

If an agricultural worker has access to a personal vehicle and is permitted to park the vehicle on the property of the agricultural employer, the agricultural employer is not required to provide the transportation described in subsection 1.

Sec.

- *SB172_R3* – 6 – 2.

Except as otherwise provided in subsections 3 and 5, the performance of weeding and thinning by hand or with a short-short-handed handed tool, other than a short-handedshort- handed hoe, in a stooped, kneeling or squatting position is prohibited unless there is not a suitable long-handed tool or other alternative means of performing the work that is appropriate to both the production of the agricultural or horticultural commodity and the scale of the operation.

and (g) Any weeding, thinning or tending done by hand to the soil-soil-exposed exposed area immediately surrounding an agricultural or horticultural commodity grown using polyethylene film or plastic mulch, except as applied to the weeding by hand of the spaces between the rows of plants grown using polyethylene film or plastic mulch.

(a) An exception to the prohibitions described in subsections 1 and 2 for an agricultural employer that is actively engaged in obtaining a certificate to be a producer or handler of organic agricultural products;

and (b)Senate AAmendment procedureNo. for an agricultural employer to seek a waiver that allows for occasional or intermittent weeding by hand of agricultural or horticultural products if the agricultural employer establishes that:

-307 *SB172_R3*to –Senate 7Bill –No. (1) The weeding does not involve prolonged and unnecessary stooping, kneeling or squatting and does not create a risk of acute, chronic or debilitating injuries for agricultural workers;

172 Page 9 (b) A procedure for an agricultural employer to seek a waiver that allows for occasional or intermittent weeding by hand of agricultural or horticultural products if the agricultural employer establishes that:

(1) The weeding does not involve prolonged and unnecessary stooping, kneeling or squatting and does not create a risk of acute, chronic or debilitating injuries for agricultural workers;

An agricultural employer shall increase a period of rest prescribed by NRS 608.019 by 5 minutes if an agricultural worker engages in weeding or thinning by hand during the applicable period of work.

7.

(a) Each agricultural worker who is living in a single-single-occupancy occupancy unit of housing provided by the agricultural employer at least 80 square feet of combined sleeping and living quarters;

(b) Each agricultural worker who is living in multiple-multiple-occupancy occupancy housing of the agricultural employer at least 100 square feet of sleeping quarters per worker and 120 square feet of space per worker in areas used for combined purposes such as meal preparation and eating;

- *SB172_R3* – 8 – (c) Each agricultural worker engaged in open-range production of livestock with a single-occupancy mobile housing unit;

and (f) Informational and educational materials through posters and pamphlets written in English and Spanish and any other relevant languages in each unit of housingSenate providedAmendment byNo. the agricultural employer, the premises of the agricultural employer and other places where the agricultural employer posts notices for employees.

307 to Senate Bill No.

172 Page 10 housing provided by the agricultural employer, the premises of the agricultural employer and other places where the agricultural employer posts notices for employees.

[The Labor Commissioner shall adopt regulations to apply the minimum hourly wage published pursuant to Section 16 of Article 15 of the Nevada Constitution to agricultural workers and ensure that the requirements prescribed by chapter 608 of NRS apply to agricultural workers in the same manner as those to agricultural employees, as defined in NRS 608.019.] (Deleted by amendment.) Sec.

Agricultural workers have the right to self-self-organization, organization, to bargain directly for themselves, and to form and join or assist labor organizations to bargain collectively through representatives of their own free choosing, or to engage in lawful concerted activity for the purpose of collective bargaining or other mutual aid or protection, and each such agricultural worker has the right, without interference from any source, to refrain from any of these activities.

A whistleblower or key service provider who is unable to access an agricultural worker because of a violation of sections 11 to 15, inclusive, of this act may commence an action in a court of - *SB172_R3* – 9 – competent jurisdiction against an agricultural employer for a violation of sections 11 to 15, inclusive, of this act.

Any amount recovered by a whistleblower or key service provider pursuant to paragraph (b) of subsection 3 must be distributed to the agricultural workers affected by the violation who5.anAswho usedcan inbe thislocated section,by “whistleblower”the meanswhistleblower aor personr.key service provider.

designated5. by an agricultural worker in a confidential, sealed filing with the court.

As used in this section, “whistleblower” means a person designated by an agricultural worker in a confidential, sealed filing with the court.

(Deleted1. by amendment.) Sec.

The Advisory Committee on Agricultural Work is hereby created in the Office of Labor Commissioner.

The Advisory Committee consists of nine voting members appointed as follows:

(a) Two members who are agricultural workers, appointed by the Labor Commissioner;

(b) Two members who are advocates of agricultural workers, appointed by the Labor Commissioner;

(c) Three members who represent agricultural employers, appointed by the Director of the State Department of Agriculture;

and (d) Two members from the Farmworker Law Program of Nevada Legal Services, or its successor organization.

Senate Amendment No.

307 to Senate Bill No.

172 Page 11 2.

The term of office of each member appointed to the Advisory Committee is 4 years.

3.

A vacancy on the Advisory Committee must be filled in the same manner as the original appointment by the appointing authority for the remainder of the unexpired term.

4.

Members of the Advisory Committee serve without compensation.

5.

The Advisory Committee shall:

(a) Gather and analyze data and other information regarding the wages and working conditions of agricultural workers;

and (b) Submit an annual report on its findings to the Director of the Legislative Counsel Bureau for transmission to the Legislature.

Sec.

(DeletedThe byprovisions amendment.)of Sec.subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.

Sec.

(a) Upon passage and approval for thepurposes purpose of adopting any regulations or performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act;

H - *SB172_R3*