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Labor Commissioner Proposes Temporary Regulations Regarding Minimum Wage Increase and Sets Public Hearing for March 5, 2007

Volume 6, Issue 2
February 16, 2007

In Volume 5, Issue 18 of the Kamer Zucker Abbott Employer Report, we explained emergency regulations the Nevada Labor Commissioner adopted to address issues associated with applying the Nevada Constitutional amendment which raised the minimum wage. These regulations expire on April 11, 2007, and the Labor Commissioner has now proposed temporary regulations to replace the emergency provisions.

The new proposed temporary regulations incorporate feedback the Labor Commissioner received in two workshops held since the amendment took effect in November 2006. A formal hearing regarding the temporary regulations will be held on Monday, March 5, 2007 at 9:00 a.m. All interested parties are invited to give testimony regarding the proposed temporary regulations during the public hearing on March 5, or to submit comments in writing by March 2, 2007. The hearing will be held at 9:00 a.m. at the Carson City Legislature Building at 401 S. Carson Street, Room 2135, and will be teleconferenced to the Grant Sawyer Building at 555 E. Washington Ave. Suite 4100, 4th floor.

The proposed temporary regulations expand certain issues addressed in the emergency regulations. While many areas which sparked questions and concerns have now been clarified, there are still some items which could use further delineation.

The Labor Commissioner has provided in the temporary regulations a definition of "trainees," which are exempt from minimum wage provisions, and added a provision to exempt persons subject to a valid collective bargaining agreement. Additionally, there are better definitions as to what types of health plans will allow an employer to qualify for the lower tier minimum wage, as well as defined options for calculating 10% of an employee's gross taxable income.

However, the issue of an acceptable waiting period appears to remain unresolved. Section 4(1) of the proposed temporary regulations discusses qualified health insurance plans having waiting periods that do not exceed 120 days. Yet, Section 8 notes that an employee may be paid the lower tier minimum wage so long as the waiting period does not exceed 6 months.

To review the proposed temporary regulations, the Labor Commissioner's testimony before the Senate Commerce and Labor Committee, or the notice of the hearing, please visit the Labor Commissioner's website at http://www.laborcommissioner.com.

Employer Report articles are for general information only; they are not intended and should not be construed to be legal advice. Reading or replying to such articles does not establish an attorney-client relationship. In addition, because the subject matters and applicable laws discussed in Employer Report articles are often in a state of change and not always applicable to every type of business entity or organization, readers should consult with counsel before making decisions based on the same.