Memorandum Of Understanding Between The U.S. Department Of Labor, Wage And Hour Division And The State Of Nevada Office Of The Labor Commissioner (PDF)

This Agreement is made and entered into by and between The United States Department of Labor's Wage and Hour Division (hereinafter referred to as "WHD" or 'Department") and the State of Nevada Office of the Labor Commissioner (hereinafter referred to as "OLC"), together collectively referred to as "the agencies" or "the parties."

With the specific and mutual goals of sharing resources and enhancing enforcement and sharing information consistent with applicable law, the parties agree to enter into this partnership.

THEREFORE, IT IS MUTUALLY AGREED THAT:

Purpose

The parties recognize the value of establishing a collaborative relationship to promote compliance with laws of common concern. The parties are forming this partnership to more effectively and efficiently communicate and cooperate on areas of common interest including sharing training materials, conducting joint investigations and sharing information as appropriate.

Agency Responsibilities

WHD is responsible for administering and enforcing a wide range of labor laws, including the Fair Labor Standards Act, the Family and Medical Leave Act, the Migrant and Seasonal Agricultural Worker Protection Act, worker protections provided in several temporary visa programs, and the prevailing wage requirements of the Davis-Bacon and Related Acts and the Service Contract Act. Nothing in this agreement limits the WHD's enforcement of these and other statutes.

The Office of the Labor Commissioner is the principal wage and hour and labor regulatory agency for the State of Nevada. It is the mission of this office to resolve labor-related problems in an efficient, professional, and effective manner. This includes educating employers and employees regarding their rights and responsibilities under the law in an effort to promote the growth of business in Nevada. Additionally, it includes taking enforcement action, when necessary, to ensure that Nevada’s workers are treated fairly and compensated for all time worked.

OFFICE OF THE LABOR COMMISSIONER STAUTORY AND REGULATORY AUTHORITY
[Nevada Revised Statues ("NRS")] [Nevada Administrative Code ("NAC")]
NRS 607 – Office of the Labor Commissioner NAC 607 – Rules of Practice
NRS 608 – Compensation, Wages and Hours NAC 608 – Compensation, Wages and Hours
NRS 609 – Employment of Minors NAC 609 – Employment of Minors
NRS 610 – Apprenticeship NAC 610 – Apprenticeship
NRS 611 – Private Employment Agencies NAC 611 – Private Employment Agencies
NRS 613 – Employment Practices NAC 613 – Employment Practices
NRS 614 – Organized Labor & Labor Disputes NAC 338 – Public Works
NRS 338 – Public Works

Contacts

  • The agencies will designate a POC responsible for coordinating the partnership activities.
  • The agencies will designate a representative to meet annually to review areas of mutual concern and the terms and conditions of the partnership.
  • POC designees:
    Shannon M. Chambers, Labor Commissioner, OLC
    Phone: (775) 684-1890
    Email:ShannonChambers@labor.nv.gov
    1818 East College Parkway, Suite 102
    Carson City, NV 89706

    Gaspar Montañez, Las Vegas District Director, WHD
    Phone: (702) 928-1250
    Email: Montanez.Gaspar@dol.gov
    600 South Las Vegas Blvd., #550
    Las Vegas, NV 89101

Contacts

Where appropriate and to the extent allowable under law,

  • The parties may conduct joint investigations periodically in the State of Nevada, if opportunity provides.
  • The parties may coordinate their respective enforcement activities and assist each other with enforcement.
  • The parties may make referrals of potential violations of each other's statutes

Outreach and Education

Where the parties mutually determine it to be appropriate and allowable under law, the parties may:

  • Conduct joint outreach presentations, and prepare and distribute publications, of common concern for the Nevada community subject to available funds and resource approved through the Federal Budget Process, State Budget Process, and State Legislative Process.
  • Provide information to the other party’s personnel, upon request, concerning changes in federal or Nevada labor laws and/or interpretations thereof.
  • All public materials bearing the United State Department of Labor (“DOL”) or WHD name, logo, or seal must be approved in advance by DOL. All public materials bearing the OLC name, logo, or seal must be approved in advance by OLC. Any such materials that include the opinions, results, findings, and/or interpretations of data arising from the result of activities of the party carrying out the activity do not necessarily represent the opinions, interpretation, or policy of the other partner.

Effect of Agreement

  • This agreement does not authorize the expenditure or reimbursement of any funds. Nothing in this agreement obligates the parties to expend appropriations or enter into any contract or other obligation.
  • By entering into this agreement, the parties do not imply an endorsement or promotion by either party of the policies, programs, or services of the other.
  • Nothing in this agreement is intended to diminish or otherwise affect the authority of either party to implement its respective statutory functions.
  • This agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this agreement shall be deemed to exist or be binding upon the parties. This agreement is not intended to confer any right upon any private person or other third party.
  • Nothing in this agreement will be interpreted as limiting, superseding, or otherwise affecting the parties' normal operations. This agreement also does not limit or restrict the parties from participating in similar activities or arrangement with other entities.
  • This agreement will be executed in full compliance with the Privacy Act of 1974, and any other applicable federal and state laws including the Nevada Public Records Act (NRS Chapter 239).

Exchange of Information

It is the policy of WHD to cooperate with other government agencies to the fullest extent possible under the law, subject to the general limitation that any such cooperation must be consistent with the WHD's own statutory obligations and enforcement efforts. It is WHD's view that an exchange of information in cases in which both entities are proceeding, on basically the same matter, is to our mutual benefit. There is a need for WHD to provide information to other law enforcement bodies without making a public disclosure or waiving the privilege of otherwise protected material.

  • Exchange of such information pursuant to this agreement is not a public disclosure under the Freedom of Information Act, 5 U.S.C. § 552 or the Nevada Public Records Act.
  • Confidential information means information that may be exempt from disclosure to the public or other unauthorized persons under state and federal statutes. Confidential information may include: the identities of persons who have given information to the parties in confidence or under circumstances in which confidentiality can be implied; any employee statements in WHD's enforcement files that were obtained under these conditions; internal opinions and recommendations of federal or state personnel, including, but not limited to, investigators and supervisors; information or records covered by the attorney-client privilege and the attorney work-product privilege; personal information protected by any relevant law or regulation; individually identifiable health information; and confidential business information and trade secrets.
  • When confidential information is exchanged, it shall be used and accessed only for the limited purposes of carrying out activities pursuant to this agreement as described herein. The information shall not be duplicated or re-disclosed without the written authority of the party providing the information (hereinafter the "donor agency"), or a court order, or as required by law, including the Public Records Act.
  • In the event that there is a public proceeding, such as a trial, in which confidential information may be used or testimony of WHD's employees sought, the WHD requires that OLC notify WHD.
  • Should either party receive a request or subpoena that would, fairly construed, seek production of privileged information that it received pursuant to this Agreement, the party receiving such a request or subpoena shall take reasonable measures consistent with applicable law, including, but not limited to, asserting the common interest privilege, to preclude or restrict the production of such information for ten (10) business days, and shall promptly notify the donor agency that such a request or subpoena has been received, so that the donor agency may file any appropriate objections or motions, or take any other appropriate steps, to preclude or condition the production of such information.
  • Neither party shall have authority to waive any applicable privilege or doctrine on behalf of the other party, nor shall any waiver of an applicable privilege or doctrine by the conduct of one party be construed to apply to the other party.
  • For information security purposes, information (including paper-based documents and electronic information such as emails and CDs) exchanged pursuant to this Agreement remains the responsibility of the donor agency while in transit. The parties agree to establish a communication protocol for notifying each party's designated contact person when information is sent to or received from that party, including information on the form of the transfer and the media type and quantity (when appropriate). A party expecting to receive information will notify the donor agency if the information is not received as of the next business date following the agreed upon delivery date.
  • For information security purposes, after a party receives information from the donor agency, the donor agency retains no responsibility for any security incidents, inadvertent disclosure, or the physical and information technology safeguards in place for protecting that information by the party that received it.
  • However, in the event that the party receiving the information experiences a security incident or disaster that results in the suspected or confirmed inadvertent disclosure of the data exchanged pursuant to this Agreement, the party experiencing the incident or disaster will send formal written notification to the donor agency's designated contact person within 3 days after detection of the incident or disaster. The written notification will describe the security incident or disaster in detail including what data exchanged pursuant to this Agreement may have been inadvertently disclosed.
  • At the conclusion of an investigation and prosecution by either party, the receiving party will return or destroy any and all confidential information to the donor agency, except as required by law, including the Nevada Public Records Act.
  • Subject to the foregoing constraints:
  • The parties agree to exchange information on laws and regulations of common concern to the agencies, to the extent practicable.
  • The parties may establish a methodology for exchanging investigative leads, complaints, and referrals of possible violations, to the extent allowable by law and policy.
  • The parties may exchange information (statistical data) on the incidence of violations in specific industries and geographic areas, if possible.

Resolution of Disagreements

  • Disputes arising under this Agreement will be resolved informally by discussions between Agency Points of Contact, or other officials designated by each party.

Period of Agreement

  • This agreement becomes effective upon the signing of both parties, and will expire 3 years from the effective date. This agreement may be modified in writing by mutual consent of both parties. The agreement may be cancelled by either party by giving thirty (30) days advance written notice prior to the date of cancellation. Renewal of the agreement may be accomplished by written agreement of the parties.

This agreement is effective as of the 9th day of March, 2018

United States Department of Labor Wage and Hour Division
By:/s/________
GASPAR MONTAÑEZ
District Director

State of Nevada Office of the Labor Commissioner
By:________/s/________
SHANNON M. CHAMBERS
Labor Commissioner