Nevada Revised Statutes (Last Updated: December 24, 2014) |
TITLE53 LABOR AND INDUSTRIAL RELATIONS |
CHAPTER612. Unemployment Compensation |
GENERAL PROVISIONS |
NRS 612.010. Short title. |
NRS 612.015. Definitions. |
NRS 612.016. “Administrator” defined. |
NRS 612.017. “American employing unit” defined. |
NRS 612.025. “Base period” defined. |
NRS 612.030. “Benefit year” defined. |
NRS 612.035. “Benefits” defined. |
NRS 612.040. “Calendar quarter” defined. |
NRS 612.045. “Contributions” defined. |
NRS 612.049. “Division” defined. |
NRS 612.055. “Employer” defined. |
NRS 612.057. “Employer”: Crew leaders who furnish persons to perform agricultural labor. |
NRS 612.060. “Employing unit” defined. |
NRS 612.065. “Employment” defined. |
NRS 612.070. “Employment”: Services included. |
NRS 612.075. “Employment”: Services performed entirely outside State by resident; election; approval by Administrator. |
NRS 612.080. “Employment”: Services deemed localized within State. |
NRS 612.085. “Employment”: Services deemed employment unless specific facts shown. |
NRS 612.090. “Employment”: Certain agricultural labor included. |
NRS 612.095. “Employment”: Domestic service in private home excluded; exception. |
NRS 612.100. “Employment”: Service on foreign vessel or aircraft outside United States excluded. |
NRS 612.105. “Employment”: Service performed in employ of relative excluded. |
NRS 612.110. “Employment”: Service for United States, another state or political subdivision excluded; exception. |
NRS 612.115. “Employment”: Service performed in employ of State or agency included; exceptions. |
NRS 612.117. “Employment”: Service performed by patient in employ of hospital excluded. |
NRS 612.118. “Employment”: Service performed by student in program for work experience excluded. |
NRS 612.119. “Employment”: Service performed by student or spouse under school program for financial assistance to student excluded. |
NRS 612.121. “Employment”: Service performed in employ of charitable, religious or other nonprofit organization. |
NRS 612.123. “Employment”: Service performed in employ of Indian tribe included; exceptions. |
NRS 612.125. “Employment”: Service performed in employment covered by federal system for compensation of unemployed persons excluded; reciprocal agreements by Administrator. |
NRS 612.130. “Employment”: Service by minor in delivery of newspapers excluded. |
NRS 612.133. “Employment”: Service by licensed real estate salesperson or broker excluded. |
NRS 612.135. “Employment”: Service by lessees engaged in mining excluded. |
NRS 612.140. “Employment”: Domestic service in employ of college fraternity or sorority excluded; exception. |
NRS 612.142. “Employment”: Services as agent-driver, commission-driver or solicitor of orders included; exceptions. |
NRS 612.144. “Employment”: Services performed by person selling or soliciting the sale of products in certain circumstances excluded. |
NRS 612.145. “Employment”: Service performed during half or more of pay period determined by nature of entire service. |
NRS 612.155. “Employment office” defined. |
NRS 612.165. “Fund” defined. |
NRS 612.167. “Hospital” defined. |
NRS 612.168. “Indian tribe” defined. |
NRS 612.169. “Institution of higher education” defined. |
NRS 612.170. “Insured worker” defined. |
NRS 612.175. “Signature” defined. |
NRS 612.180. “State” defined. |
NRS 612.185. “Unemployed” defined; regulations by Administrator; exceptions. |
NRS 612.190. “Wages” defined. |
NRS 612.195. “Week” defined. |
NRS 612.200. “Weekly benefit amount” defined. |
ADMINISTRATION |
NRS 612.210. Unemployment Compensation Service and State Employment Service created within Employment Security Division of Department of Employment, Training and Rehabilitation. [Repealed] |
NRS 612.215. Administrator: Appointment; classification; administrative authority; other employment prohibited; exception. |
NRS 612.220. General powers and duties of Administrator. |
NRS 612.225. Official seal of Administrator; judicial notice. |
NRS 612.227. Lease-purchase agreements for purchase of office buildings and land; assurances by State of Nevada. |
NRS 612.230. Personnel of Division: Selection; classification; compensation; duties; stipends for educational leave. |
NRS 612.235. Biennial report of Administrator. |
NRS 612.240. Regulations for internal management. |
NRS 612.250. Administrative determinations: Establishment of rates of contribution based upon experience; appeal. |
NRS 612.255. Administrator to print and distribute law, rules, regulations, reports and other material. |
NRS 612.260. Records and reports of employing units: Inspection; destruction. |
NRS 612.270. Depositions; subpoenas; payment of witnesses. |
NRS 612.275. Order to appear and testify; penalty for failure to obey court order or subpoena of Administrator or Board of Review. |
NRS 612.280. Protection against self-incrimination. |
NRS 612.285. Cooperation with Department of Labor. |
NRS 612.290. Advance to Unemployment Compensation Fund; application. |
NRS 612.295. Reciprocal arrangements with state and federal agencies. |
NRS 612.300. Reimbursements in accordance with reciprocal arrangements. |
NRS 612.305. Employment Security Council: Creation; membership; compensation of members; meetings; Secretary; Board of Review. |
NRS 612.310. Employment Security Council: Duties. |
NRS 612.330. Acceptance of Wagner-Peyser Act; establishment and maintenance of free public employment offices. |
BENEFITS |
NRS 612.335. Payment. |
NRS 612.340. Amount of weekly benefit. |
NRS 612.344. Election of base period following period of temporary disability or rehabilitation; establishment of new benefit year. |
NRS 612.350. Weekly benefit for unemployment. |
NRS 612.355. Duration of benefits. |
NRS 612.357. Deduction and withholding of federal individual income tax. |
NRS 612.360. Benefits due deceased or incompetent person. |
NRS 612.365. Overpayments and recovery. |
NRS 612.371. Reimbursement of benefits paid if back pay awarded for same period. |
CONDITIONS OF ELIGIBILITY FOR BENEFITS |
NRS 612.375. General conditions; reductions in benefits. |
NRS 612.376. Person employed by private employer while incarcerated not eligible for certain benefits. |
EXTENDED BENEFITS |
NRS 612.3772. Other provisions of chapter applicable to extended benefits. |
NRS 612.3774. Conditions of eligibility: Findings by Administrator. |
NRS 612.3776. Amount of weekly extended benefit. |
NRS 612.3778. Benefit amount for partial period. |
NRS 612.3782. Amended determination of entitlement based on increase of regular compensation. |
NRS 612.3784. Notice of commencement or termination of extended benefit period. |
NRS 612.3786. Extended benefit payments not chargeable against experience rating of base-period employer. |
DISQUALIFICATION FOR BENEFITS |
NRS 612.380. Leaving last or next to last employment without good cause or to seek other employment. |
NRS 612.383. Discharge for crimes in connection with employment. |
NRS 612.385. Discharge for misconduct. |
NRS 612.390. Failure to apply for available or suitable work or to accept suitable work when offered. |
NRS 612.395. Unemployment as result of labor dispute. |
NRS 612.400. Receipt of benefits under another unemployment compensation law. |
NRS 612.405. Extended benefits payable under Interstate Benefit Payment Plan. |
NRS 612.420. Receipt of wages in lieu of notice; severance pay. |
NRS 612.425. Paid vacation. |
NRS 612.430. Receipt of pay for vacation on termination of employment. |
NRS 612.432. Vacation or recess for holiday. |
NRS 612.434. Period between academic years or terms; paid sabbatical leave. |
NRS 612.436. Sports or athletic events. |
NRS 612.445. Repayment of benefits received as result of false statement or failure to disclose material fact; penalty for unemployment insurance fraud; disqualification. |
NRS 612.448. Alien status. |
CLAIMS FOR BENEFITS |
NRS 612.450. Procedure. |
NRS 612.455. Regulations of Administrator; employer to provide unemployed person with statements and materials. |
NRS 612.457. Withholding of benefits for obligation for support of child. |
NRS 612.460. Unemployed person may request determination of status; written determination by Administrator; notice to employers during base period. |
NRS 612.465. Effective period of initial determination; payment of benefits. |
NRS 612.470. Notice to insured worker. |
NRS 612.475. Notice to employers of new or additional claim; employer’s duties and rights upon receipt of notice. |
NRS 612.480. Redeterminations. |
NRS 612.485. Finality of determination or redetermination. |
NRS 612.490. Appeal Tribunals: Appointment; alternate. |
NRS 612.495. Appeal to Appeal Tribunal: Initiation of appeal from determination or redetermination; intervention of employing unit; withdrawal of appeal. |
NRS 612.500. Hearing on appeal: Procedure; evidence; record; witnesses; trial de novo in certain circumstances. |
NRS 612.505. Consolidated appeals. |
NRS 612.510. Notice of decision of Appeal Tribunal; time for further appeal. |
NRS 612.515. Appeal to Board of Review. |
NRS 612.520. Removal or transfer of appeals from one Appeal Tribunal to another Appeal Tribunal. |
NRS 612.525. Appeal to courts: Time for appeal; exhaustion of administrative remedies; appeal by Administrator. |
NRS 612.533. Introduction of certain evidence concerning claims for benefits prohibited in separate or subsequent proceeding. |
CONTRIBUTIONS |
NRS 612.535. Payment; registration of employer with Division. |
NRS 612.540. Rate. |
NRS 612.545. Base. |
NRS 612.550. Rates for employers. |
NRS 612.553. Nonprofit organizations, political subdivisions and Indian tribes: Payment of contributions or reimbursement in lieu of contributions. |
PERIOD, ELECTION AND TERMINATION OF EMPLOYER’S COVERAGE |
NRS 612.555. Employing unit becoming employer within calendar quarter subject to chapter from beginning of quarter; exception. |
NRS 612.560. When employing unit ceases to be employer. |
NRS 612.565. Employing unit not subject to chapter may elect to become employer subject to chapter; conditions. |
NRS 612.570. Employing unit may elect that services not covered by chapter shall be deemed to constitute employment; conditions. |
NRS 612.580. Termination of employer’s election by Administrator. |
UNEMPLOYMENT COMPENSATION FUND |
NRS 612.583. “Benefits” defined. |
NRS 612.585. Establishment and control. |
NRS 612.590. Accounts; deposits; refunds. |
NRS 612.595. Withdrawals. |
NRS 612.600. Management of money upon discontinuance of Unemployment Trust Fund. |
UNEMPLOYMENT COMPENSATION ADMINISTRATION FUND |
NRS 612.605. Creation; receipt and use of money. |
NRS 612.606. Additional contributions by employer required for support of program for employment and training of unemployed persons and persons employed in this State; exceptions. |
NRS 612.607. Deposit, transfer and expenditure of payments for program for employment and training of unemployed persons and persons employed in this State. |
NRS 612.608. Accrual and submission of payments for program for employment and training of unemployed persons and persons employed in this State; disregard of fractions. |
NRS 612.609. Disbursement of delinquent payments by employers. |
NRS 612.610. Reimbursement. |
UNEMPLOYMENT COMPENSATION BOND FUND |
NRS 612.6102. Definitions. |
NRS 612.6104. “Benefits” defined. |
NRS 612.6106. “Bond” defined. |
NRS 612.6108. “Bond administrative expense” defined. |
NRS 612.611. “Bond obligation” defined. |
NRS 612.6112. “Credit agreement” defined. |
NRS 612.6114. “Federal advance” defined. |
NRS 612.6116. “Special bond contributions” defined. |
NRS 612.6118. “Unemployment Compensation Bond Fund” defined. |
NRS 612.612. Legislative findings and declarations. |
NRS 612.6124. Security for bonds. |
NRS 612.6128. Procedure for payment of bond-related obligations. |
NRS 612.613. Creation; sources; uses. |
NRS 612.6132. Payment of special bond contributions; exceptions. |
NRS 612.6134. Faith of State pledged not to impair bonds. |
EMPLOYMENT SECURITY FUND |
NRS 612.615. Creation; source and use of money. |
FEDERAL UNEMPLOYMENT TRUST FUND |
NRS 612.617. Requisition and use of money credited to Nevada account. |
INTEREST REPAYMENT FUND |
NRS 612.6175. Creation; sources; uses; duties of Administrator; assessment to be paid by employers; exceptions; management of money upon discontinuance of Fund. |
COLLECTION OF CONTRIBUTIONS |
NRS 612.618. Payment that is returned or dishonored does not constitute timely payment; additional fee. |
NRS 612.620. Interest on unpaid contributions. |
NRS 612.625. Civil action: Notice; attachment. |
NRS 612.630. Summary judgment: Filing certificate; where to be filed; contents; entry of judgment. |
NRS 612.635. Judgments: Recording of abstract or copy; liens; priorities; execution. |
NRS 612.640. Appeals to appellate court. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.] |
NRS 612.642. Required notice to State Contractors’ Board. [Effective January 1, 2014.] |
NRS 612.650. Priorities under legal dissolutions or distributions. |
NRS 612.655. Refunds and adjustments. |
NRS 612.660. Arbitrary assessments upon failure of employer to file report or upon filing of incorrect or insufficient report. |
NRS 612.665. Notice of arbitrary assessment: Contents; finality of assessment. |
NRS 612.670. Readjustment or modification of assessment. |
NRS 612.675. Jeopardized collections: Assessment; stay of collection of assessment. |
NRS 612.680. Liens: Creation; notice; foreclosure; release; compromise and satisfaction. |
NRS 612.685. Creditors and debtors of employer: Notice of delinquency of payment owed by employer; power of State to satisfy debt owed to it. |
NRS 612.686. Creditors and debtors of employer: Duties; certain transfers of property prohibited; demand to transmit certain property to Administrator. |
NRS 612.687. Liability of contractor to assure payment of amounts due from subcontractors. |
NRS 612.690. Liability of assignee, receiver, trustee and others selling property of employing unit: Notice to Division. |
NRS 612.695. Liability of employer and purchaser or transferee upon sale or transfer of assets and quitting business. |
PROTECTION OF RIGHTS AND BENEFITS |
NRS 612.700. Waiver of rights void. |
NRS 612.705. Limitation of fees; unlawful solicitation; attorney’s fees. |
NRS 612.710. Assignment of benefits void; exemption from execution and attachment. |
WITHHOLDING OF INCOME |
NRS 612.7102. Administrator authorized to require employer to withhold income to satisfy judgment. |
NRS 612.7104. Notice to person who is subject to withholding. |
NRS 612.7106. Notice to employer to withhold income; contents; notice may be issued electronically. |
NRS 612.7108. Duties of employer upon receipt of notice to withhold. |
NRS 612.711. Notice to withhold binding upon employer; employer may deduct amount for reimbursement of costs; electronic transfer of payments by employer. |
NRS 612.7112. Unlawful to use withholding as basis for refusing to hire, discharging or taking disciplinary action against employee; liability; penalty. |
NRS 612.7114. Enforcement proceedings against employer for refusal to withhold or misrepresentation of employee income; remedies and penalties. |
NRS 612.7116. Employer and Administrator immunity. |
PENALTIES |
NRS 612.715. False statement or failure to disclose material fact to obtain or increase benefit. |
NRS 612.717. False statement or failure to disclose material fact concerning termination of employment. |
NRS 612.720. Conspiracy to obtain or increase benefit; series of false statements to obtain or increase benefit. |
NRS 612.725. False statement or failure to disclose material fact to obtain or increase benefit under federal law or law of another state. |
NRS 612.735. Violations of chapter, rules, regulations and orders. |
NRS 612.740. Forfeits and interest. |
MISCELLANEOUS PROVISIONS |
NRS 612.745. Representation in court. |
NRS 612.750. Reciprocal arrangements by Administrator. |
NRS 612.755. Power of Legislature to amend or repeal chapter reserved. |
NRS 612.760. Conditions under which chapter becomes inoperative; refund of unobligated money. |