Nev. Admin. Code § 338.107

Current through June 11, 2024
Section 338.107 - Complaint of violation: Filing with Labor Commissioner; contents; service
1. Except as otherwise provided in subsection 2, a person filing a complaint, including a claim for wages, with the Labor Commissioner alleging that a violation of a provision of NRS 338.010 to 338.090, inclusive, or NAC 338.005 to 338.125, inclusive, and sections 2 and 3 of this regulation has occurred with respect to the person shall:
(a) Provide in writing to the Labor Commissioner:
(1) The full name and address of the person filing the complaint;
(2) The full name and address of the person alleged to have committed the violation;
(3) A clear and concise statement of facts sufficient to establish that an alleged violation of a provision of NRS 338.010 to 338.090, inclusive, or NAC 338.005 to 338.125, inclusive, and sections 2 and 3 of this regulation has occurred, including, without limitation, the date, time and place of the alleged violation and the name of each person involved;
(4) A citation to the specific statute or regulation alleged to have been violated;
(5) The relief requested by the person filing the complaint;
(6) A certification by the person filing the complaint that the facts alleged in the complaint are true to the best knowledge and belief of the person filing the complaint; and
(7) The signature of the person filing the complaint.
(b) Submit an original and one copy of the complaint to the Labor Commissioner with a certificate of service attached.
(c) Serve a copy of the complaint upon the person alleged to have committed the violation by:
(1) Personal service; or
(2) Regular mail.
2. The Labor Commissioner will accept a written anonymous complaint which alleges a violation of a provision of NRS 338.010 to 338.090, inclusive, or NAC 338.005 to 338.125, inclusive, and sections 2 and 3 of this regulation has occurred with respect to a person other than the person filing the complaint if the person filing an anonymous complaint provides:
(a) The full name and address of the person alleged to have committed the violation; and
(b) A statement of facts and information supporting that an alleged violation of a provision of NRS 338.010 to 338.090, inclusive, or NAC 338.005 to 338.125, inclusive, and sections 2 and 3 of this regulation has occurred.
3. If, after reviewing a complaint submitted pursuant to subsection 2, the Labor Commissioner determines that further investigation is warranted, the Labor Commissioner will serve a copy of the complaint upon the person alleged to have committed the violation by:
(a) Personal service; or
(b) Regular mail.
4. The Commissioner will not accept a complaint submitted pursuant to this section that is based on an act or omission that occurred more than 24 months before the date on which the complaint is filed with the Commissioner.

Nev. Admin. Code § 338.107

Added to NAC by Labor Comm'r by R207-03, eff. 2-19-2004; A by R018-18A, eff. 5/22/2020
NRS 338.012, 338.015