NAC608.320. Determination of piece rate of pay.

     1. If a piece rate is established for a worker with a disability employed under a certificate:

     (a) The employer must use one or more methods of measuring industrial work, such as a stopwatch time study, predetermined time system or standard data, to establish a standard production rate. The use of such a method is subject to the following requirements:

          (1) The method used must be verifiable through the use of established techniques of measuring industrial work.

          (2) If a stopwatch time study is made, it must:

               (I) Be made with three or more persons whose productivity represents normal or near-normal performance; or

               (II) Include an adjustment of performance. Any such adjustment must be made by a person knowledgeable in this area, as evidenced by his successful completion of training in the field.

          (3) Any person tested must be:

               (I) Given time to practice the work to be performed in order to allow him to overcome the initial learning curve; and

               (II) Trained to use the method of work and tools to be used by the worker with a disability.

          (4) Appropriate time must be allowed for personal time, fatigue and unavoidable delay. An allowance of not less than 10 minutes per hour must be used in conducting any time study.

          (5) The method must use the same method of work that will be used by the worker with a disability or, if more than one such worker is to be employed, by the majority of such workers. If any modification is made to the method of work to accommodate the special needs of the worker with a disability, no additional time study is required if the modification enables the worker to perform the work or increase productivity.

     (b) The piece rate must be calculated by dividing the prevailing wage used or determined as provided in NAC 608.310 by the standard production rate established as provided in paragraph (a).

     (c) The piece rate must not be less than the prevailing piece rate paid an experienced nondisabled worker doing the same or similar work in the locality.

     2. As used in this section, “standard production rate” means the number of units an experienced nondisabled worker is expected to produce per hour of work.

     (Added to NAC by Dep’t of Human Resources, eff. 2-14-89)