Enforcement of labor laws; imposition and collection of administrative penalties; cumulative nature of penalties and remedies; claims for wages or commissions; prosecution of claims by Attorney General.
1. The Labor Commissioner:
(a) Shall enforce all labor laws of the State of Nevada:
(1) Without regard to whether an employee or workman is lawfully or unlawfully employed; and
(2) The enforcement of which is not specifically and exclusively vested in any other officer, board or commission.
(b) May adopt regulations to carry out the provisions of paragraph (a).
2. If the Labor Commissioner has reason to believe that a person is violating or has violated a labor law or regulation, the Labor Commissioner may take any appropriate action against the person to enforce the labor law or regulation whether or not a claim or complaint has been made to the Labor Commissioner concerning the violation.
3. Before the Labor Commissioner may enforce an administrative penalty against a person who violates a labor law or regulation, the Labor Commissioner must provide the person with notice and an opportunity for a hearing as set forth in NRS 607.207.
4. In determining the amount of any administrative penalty to be imposed against a person who violates a labor law or regulation, the Labor Commissioner shall consider the person’s previous record of compliance with the labor laws and regulations and the severity of the violation.
5. All money collected by the Labor Commissioner as an administrative penalty must be deposited in the State General Fund.
6. The actions and remedies authorized by the labor laws are cumulative. If a person violates a labor law or regulation, the Labor Commissioner may seek a civil remedy, impose an administrative penalty or take other administrative action against the person whether or not the person is prosecuted, convicted or punished for the violation in a criminal proceeding. The imposition of a civil remedy, an administrative penalty or other administrative action against the person does not operate as a defense in any criminal proceeding brought against the person.
7. If, after due inquiry, the Labor Commissioner believes that a person who is financially unable to employ counsel has a valid and enforceable claim for wages, commissions or other demands, the Labor Commissioner may present the facts to the Attorney General. The Attorney General shall prosecute the claim if the Attorney General determines that the claim is valid and enforceable.
Last modified: February 25, 2006