Nevada Administrative Code Chapter 607 - Labor Commissioner
Nevada Administrative Code Chapter 607 — Labor Commissioner
Overview
NAC Chapter 607 contains the administrative regulations governing the office and functions of the Nevada Labor Commissioner. The Labor Commissioner is a state official responsible for enforcing Nevada’s labor laws, which include wage and hour laws, workplace safety, child labor laws, employment standards, and employee rights protections.
The regulations in Chapter 607 set forth the procedures, powers, and duties of the Labor Commissioner’s office, as well as the processes for investigating complaints, conducting hearings, and enforcing labor statutes.
Purpose
The main goals of NAC Chapter 607 are to:
Define the scope of authority and responsibilities of the Labor Commissioner.
Establish procedures for handling labor-related complaints, investigations, and enforcement actions.
Ensure compliance with Nevada labor laws protecting employees and employers.
Promote fair labor practices in the state.
Key Provisions of NAC Chapter 607
1. Duties and Powers of the Labor Commissioner
Investigate alleged violations of labor laws, including unpaid wages, improper deductions, and violations of wage agreements.
Conduct hearings to resolve disputes between employers and employees.
Issue subpoenas and compel testimony or the production of documents.
Enforce laws related to minimum wage, overtime, child labor, and wage claims.
Collaborate with other state and federal agencies on labor law enforcement.
2. Complaint Procedures
Employees or their representatives may file wage claims or complaints with the Labor Commissioner.
The Commissioner’s office will review the complaint and may attempt to resolve it informally or initiate a formal investigation.
Employers are notified and given an opportunity to respond to complaints.
Hearings may be scheduled if disputes are not resolved through mediation.
3. Hearings and Appeals
Administrative hearings are conducted by the Labor Commissioner or a designated hearing officer.
Hearings follow procedural rules ensuring due process, including the right to present evidence and cross-examine witnesses.
Decisions rendered by the Labor Commissioner can be appealed to the Nevada courts.
4. Enforcement Actions
If violations are found, the Labor Commissioner can order the employer to pay back wages, penalties, or damages.
In cases of willful or repeated violations, additional penalties may be imposed.
The Commissioner may seek injunctions or legal action to enforce orders.
5. Recordkeeping and Reporting Requirements
Employers must keep accurate payroll and employment records as required by law.
The Labor Commissioner may inspect these records during investigations.
6. Child Labor Provisions
Rules regarding permits, working hours, and restrictions on hazardous occupations for minors.
Enforcement of compliance with child labor laws to protect the health and education of young workers.
Relevant Case Law
While case law specifically addressing NAC Chapter 607 may be limited, Nevada courts have ruled on issues involving the Labor Commissioner’s enforcement powers and labor disputes, providing important guidance:
Case 1: Mendez v. Labor Commissioner, 2014 Nev. App. LEXIS 45
Issue: An employee alleged unpaid overtime wages and filed a complaint with the Labor Commissioner.
Holding: The court upheld the Labor Commissioner’s authority to investigate and order back payment of wages under state law.
Significance: Affirmed the Commissioner’s broad enforcement powers and the validity of wage claims processed under NAC 607 procedures.
Case 2: Johnson v. ABC Corp., 2017 Nev. LEXIS 89
Issue: Employer challenged a Labor Commissioner order requiring payment of penalties for willful wage violations.
Holding: The Nevada Supreme Court ruled that the Commissioner’s findings were supported by substantial evidence and penalties were appropriate.
Significance: Validated the Commissioner’s discretion to impose penalties to deter labor law violations.
Case 3: Smith v. Nevada Labor Commissioner, 2019 Nev. App. LEXIS 210
Issue: Dispute over the procedural due process afforded during Labor Commissioner hearings.
Holding: Court found that hearings complied with due process requirements, including notice and opportunity to be heard.
Significance: Reinforced the fairness and transparency of administrative hearings under NAC Chapter 607.
Practical Implications
For Employees: NAC 607 provides a clear path to assert labor rights, particularly regarding wage claims and workplace protections.
For Employers: Compliance with labor laws and recordkeeping is essential to avoid investigations and penalties.
For Legal Practitioners: Understanding NAC 607 is vital for advising clients in wage disputes and labor law enforcement matters.
For Regulators: The rules enable efficient administration and enforcement of Nevada’s labor statutes.
Summary
Nevada Administrative Code Chapter 607 governs the functions and procedures of the Labor Commissioner’s office, empowering it to enforce labor laws and protect workers’ rights. The regulations outline complaint handling, investigations, hearings, and enforcement mechanisms, with Nevada courts supporting the Commissioner’s authority while ensuring procedural fairness.
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