Nevada Supreme Court upholds Nevada Labor Commissioner’s Order in Muller Construction prevailing wage dispute


Teri Williams
Public Information Officer
Carson City, NV - July 13, 2021

The Nevada Supreme Court last week upheld a ruling by the Nevada Office of the Labor Commissioner (OLC) that found Muller Construction was in violation of the state’s prevailing wage laws.

The OLC ruling concerned a 2018 Clark County public works project involving installation of bollards, or barriers, along a stretch of Las Vegas Boulevard. A complaint filed with the OLC alleged that the company had violated NRS 338 by failing to pay a prevailing wage to employees that assembled the barriers at a lot adjacent to Mueller’s office before the barriers were transported to and installed at the bollard installation location.

In April 2019, an OLC investigator concluded that Muller was required to pay prevailing wage for the bollard work that was occurring on the Muller lot because the lot was a “site of public work.” The investigator’s determination found Muller liable for unpaid wages, imposed an administrative penalty and disqualified the company from being awarded any public works contract for three years. The investigator’s determination was upheld by a hearing officer during an administrative proceeding in the fall of 2019.

Following the administrative hearing, Muller petitioned for judicial review arguing the OLC lacked jurisdiction, which the district court denied. A subsequent appeal to the Nevada Supreme Court was filed and resulted in the OLC’s Final Decision and Order being upheld in the matter.

“I am pleased by the court’s ruling that affirms the decision of our office in ensuring that the prevailing wage laws in Nevada are being followed by contractors working on these projects,” said Nevada Labor Commissioner Shannon Chambers. “We appreciate this complaint being brought to our office. It is important that contractors that bid on public works projects operate on a level playing field by following public works and prevailing wage laws and pay workers according to the law.”

As a result of last week’s ruling, unpaid wages for 28 employees totaling $105,400 will be paid.  The company is also required to remit payment to the OLC for $56,000 for assessed administrative penalties.  The company’s disqualification status is effective March 26, 2020, through March 26, 2023.

About the Office of the Labor Commissioner

The Office of the Labor Commissioner, a division of the Department of Business and Industry, strives to ensure that all workers are treated fairly under the law by investigating complaints of non-payment of wages, state minimum wage, overtime, and prevailing wage disputes. The office also monitors youth employment standards, including work hours and safe, non-hazardous working conditions.

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