Nevada SB 287: Revises provisions relating to higher education. (BDR 34-933)

Bill Text

(Reprinted with amendments adopted on April 17, 2025)
FIRST REPRINT S.B. 287
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SENATE BILL NO. 287–COMMITTEE ON COMMERCE AND LABOR

MARCH 5, 2025
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Referred to Committee on Government Affairs

SUMMARY—Revises provisions relating to public works.
(BDR 28-949)

FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

AN ACT relating to public works; expanding the recordkeeping
requirements for contractors and subcontractors engaged
on a public work; providing an exception to the
confidentiality of such records; and providing other
matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law requires a contractor and each subcontractor engaged on a public 1
work to keep or cause to be kept an accurate record showing, for each worker 2
employed by the contractor or subcontractor in connection with the public work, 3
the worker’s: (1) name; (2) occupation; (3) gender, if voluntarily specified; (4) 4
ethnicity, if voluntarily specified; (5) issuing state or jurisdiction of the driver’s 5
license or identification card of the worker, if applicable; and (6) actual per diem, 6
wages and benefits. Existing law also requires a contractor and each subcontractor 7
engaged on a public work to keep or cause to be kept an additional accurate record 8
showing, for each worker employed by the contractor or subcontractor in 9
connection with the public work who has a driver’s license or identification card, 10
the: (1) name of the worker; (2) driver’s license number or identification card 11
number of the worker; and (3) state or other jurisdiction that issued the driver’s 12
license or identification card. Existing law provides that such an additional record 13
showing the name and driver’s license or identification card number of such a 14
worker is confidential and not open to public inspection. (NRS 338.070) This bill 15
expands the requirement for such a record to include the total number of hours and 16
overtime hours worked each day and each week by a worker. This bill additionally 17
creates an exception to the confidentiality of the additional record if the inspection 18
is requested by a joint labor-management committee established under the Labor 19
Management Cooperation Act of 1978 pursuant to 29 U.S.C. § 175a. 20

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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 338.070 is hereby amended to read as follows: 1
338.070 1. Any public body awarding a contract shall: 2
(a) Investigate possible violations of the provisions of NRS 3
338.010 to 338.090, inclusive, committed in the course of the 4
execution of the contract, and determine whether a violation has 5
been committed and inform the Labor Commissioner of any such 6
violations; and 7
(b) When making payments to the contractor engaged on the 8
public work of money becoming due under the contract, withhold 9
and retain all sums forfeited pursuant to the provisions of NRS 10
338.010 to 338.090, inclusive. 11
2. No sum may be withheld, retained or forfeited, except from 12
the final payment, without a full investigation being made by the 13
awarding public body. 14
3. Except as otherwise provided in subsection 7, it is lawful for 15
any contractor engaged on a public work to withhold from any 16
subcontractor engaged on the public work sufficient sums to cover 17
any penalties withheld from the contractor by the awarding public 18
body on account of the failure of the subcontractor to comply with 19
the terms of NRS 338.010 to 338.090, inclusive. If payment has 20
already been made to the subcontractor, the contractor may recover 21
from the subcontractor the amount of the penalty or forfeiture in a 22
suit at law. 23
4. A contractor engaged on a public work and each 24
subcontractor engaged on the public work shall: 25
(a) Inquire of each worker employed by the contractor or 26
subcontractor in connection with the public work: 27
(1) Whether the worker wishes to specify voluntarily his or 28
her gender; and 29
(2) Whether the worker wishes to specify voluntarily his or 30
her ethnicity; and 31
(b) For each response the contractor or subcontractor receives 32
pursuant to paragraph (a): 33
(1) If the worker chose voluntarily to specify his or her 34
gender or ethnicity, or both, record the worker’s responses; and 35
(2) If the worker declined to specify his or her gender or 36
ethnicity, or both, record that the worker declined to specify such 37
information. 38
 A contractor or subcontractor shall not compel or coerce a worker 39
to specify his or her gender or ethnicity and shall not penalize or 40
otherwise take any adverse action against a worker who declines to 41
specify his or her gender or ethnicity. Before inquiring as to whether 42

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a worker wishes to specify voluntarily his or her gend