SB 336 — Establishes provisions relating to portable benefit accounts. (BDR 53-621)

(Reprinted with amendments adopted on April 21, 2025) FIRST REPRINT S.B.

providingsetting thatforth anycertain contributionrestrictions toon athe portableconsideration benefitby accountthe mustLabor notCommissioner beof construeda contribution to affecta anyportable determinationbenefit asaccount toin determining whether the holder of the account should be classified as an employee;

Section 4 authorizes, under certain circumstances, such a contribution to be based on withholding a percentage of payment otherwise owed to the sole proprietor or indExisting law requires the Labor Commissioner, the Attorney General and certain state agencies to share certain information relating to suspected or actual - *SB336**SB336_R1* – 2 – employee misclassification.

(NRS 608.400, 608.410) Section 4:4 provides thatly the fact that a contribution is made to a portable benefit account is, in and of itself, insufficient to support any determination by the Labor Commissioner as to whether or not the holder of the account should be classified as an employee.

(1)If provideslythe thatLabor aCommissioner contributionconsiders madesuch to a portablecontribution benefitin accountany mustproceeding notor bedetermination construedLabor Commissioner to affectmake anyat determinationleast asthree toadditional whetherfindings orof notfact thein holdersupport of theany accountdetermination shouldthat bea classifiedperson aswas annot employee;properly classified.

and (2) prohibits the consideration of information or evidence relating to a contribution made to a portable benefit account in any account.ng or determination relating to the classification of the holder of the THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

A portable benefit account must be offered through and administered by a bank, credit union, investment manager or other provider or program that offers services through a bankbank, credit union or investment manager.

or - *SB336**SB336_R1* – 3 – (b) Payment of costs relating to or an investment in other benefits, including, without limitation, income replacement insurance, life insurance or an individual retirement account.

As used in this sectionsection: “bank” has the meaning ascribed to it in NRS 657.016.

(a) “Bank” has the meaning ascribed to it in NRS 657.016.

(b) “Credit union” has the meaning ascribed to it in NRS 672.070.

AnyThe fact that a contribution is made to a portable benefit account mustpursuant notto bethis construedsection is, in and of itself, insufficient to affectsupport any determination by the Labor Commissioner as to whether or not the holder of the account should be classified as an employee.

InformationIf relatingthe toLabor Commissioner considers any such contribution in any proceeding or determination relating to asuch portableclassification, benefitincluding, accountwithout madelimitation, pursuant to thisNRS section607.217, must608.0155, not608.400 beor considered,608.410, andthe evidenceLabor ofCommissioner anyshall suchnot contributionmake musta notdetermination bethat admissible,a inperson anywas proceedingnot orproperly determinationclassified relatingunless tothe suchLabor classification,Commissioner including,makes withoutat limitation,least pursuantthree toother NRSfindings 607.217,of 608.400fact orin 608.410.support of the determination.

H - *SB336**SB336_R1*