Nevada Revised Statutes Title 53. Labor and Industrial Relations § 608.410. Liability of employer for misclassification; complaint; conduct of hearing; judicial review

1. An employer who is found after a hearing conducted in accordance with subsection 3 to have misclassified a person as an independent contractor is liable to such person for lost wages, benefits or other economic damages to make the person whole.

2. A person may file a complaint alleging the misclassification of the person as an independent contractor with the Labor Commissioner. The Labor Commissioner shall make a determination on the allegations of the complaint within 120 days after receipt of the complaint. If the Labor Commissioner finds that an employer misclassified an employee as an independent contractor, the Labor Commissioner may impose the penalties set forth in subsection 1.

3. A hearing conducted pursuant to this section must be held in accordance with chapter 233B of NRS.

4. Each party to a hearing conducted pursuant to this section may petition for judicial review of the decision of the Labor Commissioner in the manner provided by chapter 233B of NRS.