NAC338.010. Method of determination of prevailing rate of wages for recognized class of workers.

     1. Based on the information described in subsection 2 of NAC 338.020, the Labor Commissioner will determine the prevailing rate of wages paid to each recognized class of workers in a locality as follows:

     (a) Where the rate of wages is the same for the majority of the total hours worked by a recognized class of workers who are employed in the locality on construction similar to the proposed construction, that rate will be determined as the prevailing rate.

     (b) Where there is no such majority, the prevailing rate for the recognized class of workers will be determined as:

          (1) The rate of wages paid for the greater number of hours worked by the recognized class of workers if that number constitutes 40 percent or more of the total number of hours worked by the recognized class of workers; or

          (2) The average rate of wages paid per hour, based on the number of hours worked per rate, to a recognized class of workers who are employed if the number of hours paid at the same rate is less than 40 percent of the total number of hours worked by the recognized class of workers.

     (c) If no similar construction has been performed within the locality in the past year, the Labor Commissioner will consider wage rates paid on the nearest similar project of construction in this State.

     2. If the Labor Commissioner determines that the prevailing rate of wages for a recognized class of workers is a wage which has been collectively bargained, the Labor Commissioner may consider wage and benefit adjustments and classifications of workers established in the collective bargaining agreement and may adjust the prevailing rate of wages for the recognized class of workers in accordance with wage and benefit adjustments and classifications of workers in the collective bargaining agreement.

     (Added to NAC by Labor Comm’r eff. 12-1-83; A by R072-00, 8-15-2000; R072-00, 8-15-2000, eff. 7-1-2001)