Prevailing wage claim sent back to Labor Commissioner |

Prevailing wage claim sent back to Labor Commissioner

Nevada’s three-member Appellate Court has ordered a new review of a prevailing wage claim denied by the Labor Commissioner.

The claim was filed by Peter Stevenson against Road and Highway Builders. He said the contractor failed to pay him the prevailing wage for ironwork he performed.

The Nevada Department of Transportation agreed the company didn’t pay Stevenson the required amount of money but RHB took the issue to the Labor Commissioner who “summarily affirmed the determination.”

RHB took the issue to district court where the contractor’s petition was denied.

But the appellate judges ruled the Labor Commissioner’s order wasn’t processed correctly.

“The office of the Labor Commissioner did not make any findings of fact or conclusions of law with regard to RHB’s objections to the Department of Transportation’s determination,”

Those findings, they ruled, are required by statute. Therefore, they ordered the case back to the labor commissioner to make those findings and include them in the decision.