NAC608.325. Compensable time of worker.

     1. A worker with a disability employed at a special minimum wage must be compensated for all time during which he is actually performing productive work or is required by the employer to remain available for the next assignment.

     2. A worker with a disability who is provided therapy or the opportunity to participate in an alternate program or activity on the premises of the employer is not engaged in a compensable activity if:

     (a) He is completely relieved from duty; and

     (b) The therapy, program or activity does not involve work and is not directly related to the worker’s job.

     3. The burden of establishing that the time of a worker is not compensable rests with the employer, and if the question is disputed, noncompensable time must be clearly distinguishable from compensable time.

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