Section 338.009 - Workers deemed to be employed on public works: Interpretation of certain statutory terms1. As used in NRS 338.040, the Labor Commissioner will interpret: (a) "Employed at the site of a public work" to mean the performance of work in the execution of a contract for a public work at the physical place or places at which the work is performed or at which a significant portion of the public work is constructed, altered or repaired if such place is established specifically for the execution of the contract for the public work or dedicated exclusively, or nearly so, to the execution of the contract for the public work.(b) "Necessary in the execution of the contract for the public work" to mean the performance of duties required to construct, alter or repair the public work and without which the public work could not be completed.(c) The terms interpreted in paragraphs (a) and (b) to not include an instance in which a person provides services to the prime contractor or a subcontractor at the site of a public work for a limited period of time if the services provided: (1) Do not include work typically performed by a recognized class of workers; and(2) Are incidental or ancillary to the construction, repair or reconstruction of the public work.2. As used in this section, "site of a public work" includes job headquarters, a tool yard, batch plant, borrow pit or any other location that is established for the purpose of executing the contract for the public work or that is dedicated exclusively, or nearly so, to executing the contract for the public work. The term does not include a permanent home office, branch plant establishment, fabrication plant, tool yard or any other operation of a contractor, subcontractor or supplier if the location or the continued existence of the operation is determined without regard to a particular public work.Nev. Admin. Code § 338.009
Added to NAC by Labor Comm'r by R115-01, eff. 4-5-2002; A by R090-04, 6-30-2004; R022-06, 5-4-2006; A by R018-18A, eff. 5/22/2020