Section 338.010 - Method of determination of prevailing rate of wages for recognized class of workers1. Based on the information described in subsection 1 of NAC 338.020, the Labor Commissioner will determine the prevailing rate of wages paid to each recognized class of workers in a region as follows:(a) Where the rate of wages is the same for the majority of the total hours worked by a recognized class of workers who are employed in the region on construction similar to the proposed construction, including, without limitation, rates of wages that were collectively bargained, that rate will be determined as the prevailing rate.(b) Where there is no such majority, the prevailing rate for the recognized class of workers will be determined as:(1) The rate of wages paid for the greater number of hours worked by the recognized class of workers if that number constitutes 40 percent or more of the total number of hours worked by the recognized class of workers; or(2) The average rate of wages paid per hour, based on the number of hours worked per rate, to a recognized class of workers who are employed if the number of hours paid at the same rate is less than 40 percent of the total number of hours worked by the recognized class of workers.(c) When calculating the prevailing wage in a region in accordance with NRS 338.030, if no construction similar to the proposed construction has been performed within the region in the past 2 years, the Labor Commissioner will consider the prevailing rate of wages paid in: (1) The Northern Rural Prevailing Wage Region, when calculating the prevailing wage for the Washoe Prevailing Wage Region;(2) The Washoe Prevailing Wage Region, when calculating the prevailing wage for the Northern Rural Prevailing Wage Region;(3) The Southern Rural Prevailing Wage Region, when calculating the prevailing wage for the Clark Prevailing Wage Region; and(4) The Clark Prevailing Wage Region, when calculating the prevailing wage for the Southern Rural Prevailing Wage Region.2. If the Labor Commissioner determines that the prevailing rate of wages for a surveyed recognized class of workers is a wage which has been collectively bargained, the Labor Commissioner will use the job classifications, scope of work and job descriptions for the recognized class of workers established in the collective bargaining agreement for the time period for which the collectively bargained wage is the prevailing rate of wages for that class of workers.3. Nothing in this section shall be construed as authorizing the Labor Commissioner to create a new job classification, subclassification, scope of work or job description for a recognized class of work without first conducting a hearing as required by NAC 338.090.4. As used in this section, "construction similar to the proposed construction" means any construction other than the construction of:(a) A single-family residence; or(b) A multifamily residence that is not more than three stories in height.Nev. Admin. Code § 338.010
Added to NAC by Labor Comm'r eff. 12-1-83; A by R072-00, 8-15-2000; R072-00, 8-15-2000, eff. 7-1-2001; A by R018-18A, eff. 5/22/2020NRS 338.012, 338.020, 338.030