NAC611.090. Fee for securing employment.

     1. A private employment agency may charge a fee to either an applicant for employment or the employer of the applicant, but not to both, for securing the employment of the applicant with the employer.

     2. A fee charged by a private employment agency to an applicant for securing employment for the applicant must:

     (a) Except as otherwise provided in this paragraph, be refunded to the applicant by the private employment agency in the manner specified in NRS 611.250 if the applicant fails to obtain employment or without fault refuses to accept employment, or if the period of employment of the applicant with the employer is less than 7 days. If the private employment agency places an applicant for a babysitting position and the length of employment is less than 7 days, the private employment agency may not charge the applicant a fee that exceeds 15 percent of the gross cash wage paid to the applicant for that period of employment.

     (b) Not exceed 40 percent of the gross cash wage paid to the applicant for the period of employment of the applicant with the employer if the period of such employment is 7 or more days but less than 30 days.

     (c) Not exceed 65 percent of the gross cash wage received by the applicant for the first month of employment with the employer if the period of employment of the applicant with the employer is 30 days or more.

     3. There is no limitation on the fee that a private employment agency may charge an employer for securing the employment of an applicant with the employer.

     4. For the purposes of subsection 2, the period of employment commences on the first day on which the applicant begins employment with the employer.

     5. Upon the written authorization of an applicant for whom a private employment agency has secured employment, deductions may be taken from the paychecks of the applicant by the employer and paid to the private employment agency for the amount of the fee charged by the private employment agency for securing the employment. The total amount of such payroll deductions is subject to the limitation on the amount of a fee charged by a private employment agency for securing employment set forth in subsection 2.

     6. As used in this section:

     (a) “Babysitting” has the meaning ascribed to it in NRS 611.020.

     (b) “Day” means a calendar day.

     (c) “Gross cash wage” has the meaning ascribed to it in NRS 611.020.

     (Added to NAC by Labor Comm’r by R089-04, eff. 8-4-2004)