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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