Section 288.138 - "Supervisory employee" defined1. "Supervisory employee" includes: (a) Any individual having authority in the interest of the employer to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees or responsibility to direct them, to adjust their grievances or effectively to recommend such action, if in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. The exercise of such authority shall not be deemed to place the employee in supervisory employee status unless the exercise of such authority occupies a significant portion of the employee's workday. If any of the following persons perform some, but not all, of the foregoing duties under a paramilitary command structure, such a person shall not be deemed a supervisory employee solely because of such duties: (1) A police officer, as defined in NRS 288.215;(2) A firefighter, as defined in NRS 288.215;(3) A person who: (I) Has the powers of a peace officer pursuant to NRS 289.150, 289.170, 289.180 or 289.190; and(II) Is a local government employee who is authorized to be in a bargaining unit pursuant to the provisions of this chapter; or(4) A person who:(I) Provides civilian support services to a law enforcement agency; and(II) Is an employee who is authorized to be in a bargaining unit pursuant to the provisions of this chapter.(b) Any individual or class of individuals appointed by the employer and having authority on behalf of the employer to: (1) Hire, transfer, suspend, lay off, recall, terminate, promote, discharge, assign, reward or discipline other employees or responsibility to direct them, to adjust their grievances or to effectively recommend such action;(2) Make budgetary decisions; and(3) Be consulted on decisions relating to collective bargaining, if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. The exercise of such authority shall not be deemed to place the employee in supervisory employee status unless the exercise of such authority occupies a significant portion of the employee's workday.
2. Nothing in this section shall be construed to mean that an employee who has been given incidental administrative duties shall be classified as a supervisory employee.Added to NRS by 1971, 1509; A 1975, 918; 2011, 2899; 2019, 544; 2023, 2797Amended by 2023, Ch. 459,§1, eff. 7/1/2023.(Added to NRS by 1971, 1509; A 1975, 918; 2011, 2899; 2019, 544) - (Substituted in revision for NRS 288.075)