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PROPOSED
EMERGENCY REGULATIONS OF THE NEVADA
LABOR COMMISSIONER DEC. 1, 2006
EXPLANATION- Matter that is underlined is new; matter in
brackets [omitted material] is material to be omitted.
AUTHORITY:
§§1-13, NRS 607.160(1)(b), NRS 608.270, NRS 608.018, NRS
233B.0613.
Section 1. Chapter 608 of NAC is hereby amended by adding
thereto the provisions set forth as sections
2 to 12,
inclusive, of this regulation. This regulation shall expire at
the end of 120 days from filing with the Secretary of State or
upon the filing of a temporary or permanent regulation whichever
should occur first.
Sec.2. Definition of minimum wage tiers.
A. The
first tier, lower tier, is from $5.15 to $6.14 per hour for
employers who provide qualified health insurance benefits.
B. The
second tier, upper tier, is $6.15 per hour for employers who do
not provide qualified health benefits.
Sec.3. The minimum wage may be adjusted annually.
A. These
rates will be adjusted annually to include increases in the
federal minimum wage or if greater a yearly cost of living
adjustment as set forth in Article 15, Section 16 of the
Constitution of Nevada.
B. The
annual adjustments will be announced on or before April 1 and
become effective on July 1 of each year.
C. Each
minimum wage tier will increase by the same dollar amount as the
federal rate increase.
Sec. 4. Applicability of Minimum Wage.
A. The
minimum wage applies to all employees in Nevada.
B. The
only exceptions to the minimum wage are
1. Persons
under the age of 18;
2. Persons
employed by a nonprofit organization for after school or summer
employment; or
3. Persons
employed as trainees for a period not longer than ninety (90)
days.
C. There
is no distinction between full-time, permanent, part-time, or
temporary employees.
Sec. 5. In order to qualify for the lower minimum wage tier an
employer must comply with all of the following:
A. Qualified health insurance coverage must be made
available to the employee and the employee’s dependents; and
B. The employee’s share of the cost of the premium cannot
exceed 10% of the employee’s gross taxable income as defined
under the Internal Revenue Code for the time interval between
the premium payments; and
C. Qualified
health insurance must be
a policy,
contract, certificate or agreement offered or issued by a
carrier authorized by the Nevada Insurance Commissioner to
provide, deliver, arrange for, pay for or reimburse any of the
costs of health care services or, in the alternative, any
federally approved self-funded plan established under the
Employee Retirement Income Security Act of 1974 (ERISA), as
amended, except that medical discount plans as defined by NRS
695H.050 and workers compensation insurance do not qualify as
health insurance.
Sec. 6. If an employee declines coverage under a qualified
health insurance plan offered by the employer, the employee may
be paid in the lower minimum wage tier, however, the employer
must document that the employee has declined coverage and the
documentation must include the employee’s signed wavier of
coverage. Declining coverage may not be a term or condition of
employment.
Sec. 7. If an employer offers qualified health insurance, but
for some reason the employee is not eligible to receive the
coverage provided by the employer or there is a delay before the
coverage can become effective, the employee must be paid the
upper tier wage until such time as the employee becomes eligible
and is offered coverage or when the insurance becomes effective.
Sec. 8. For
the purposes of complying with the daily overtime provisions of
NRS 608.018(1), an employer shall pay overtime based on the
minimum wage tier for which that employer is qualified
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