Prevailing Wage and Davis-Bacon Compliance in Nevada
eMars provides certified payroll and compliance solutions tailored primarily for federal projects and select state jurisdictions. While many agencies accept the standard WH-347 form, some states will require their own form. For questions about supported jurisdictions, please contact our team directly.
Components of Wage Determinations
Both state and federal wage determinations in Nevada include:
- Basic Hourly Rate: The minimum wage rate paid directly to workers in a specific job classification, set by the Nevada OLC through annual surveys in odd-numbered years.
- Fringe Benefits: Health insurance, retirement, paid leave, or other benefits paid on top of the basic rate.
- Total Hourly Rate: The sum of the basic hourly rate and fringe benefits. For example, if the basic hourly rate is $30 and fringes are $5, the total is $35. Workers must receive the full $35 in cash wages if the contractor does not provide fringe benefits, or a combination of basic wage and bona fide benefits totaling $35 per hour worked.
Compliance for Contractors and Subcontractors
Contractors and subcontractors working on public works projects in Nevada, whether state or federally funded, must follow these steps:
Determine Applicable Wage Rates
Determine Applicable Wage Rates
Use the Nevada Office of the Labor Commissioner's prevailing wage rates for the appropriate wage region. Under the April 2026 alignment, these same rates apply to federal Davis-Bacon projects in Nevada. For federal projects originating outside Nevada or for verification, the SAM.gov wage determinations portal also publishes the Nevada-adopted rates.
Submit Certified Payroll Reports
Submit Certified Payroll Reports
On Nevada public works projects, contractors file certified payroll reports with the public body that awarded the contract, monthly within 15 days after the end of each calendar month, with the Labor Commissioner having statutory access for enforcement. On federally funded projects, contractors also file Form WH-347 weekly with the contracting agency.
Handle Fringe Benefits
Handle Fringe Benefits
Post Wage Rates On-Site
Post Wage Rates On-Site
Prominently post the prevailing wage determination at the job site in a location where workers can easily see and access it.
Maintain Accurate Records
Maintain Accurate Records
Keep payroll records, including hours, classifications, wages, and fringe benefits, for at least three years and make them available for inspection by the Labor Commissioner or the U.S. Department of Labor. Federal Davis-Bacon recordkeeping also requires worker telephone and email contact information on DOL request.
Penalties for Non-Compliance
Failure to comply with prevailing wage laws in Nevada can result in
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Administrative Fines sufficient to cover the cost of the investigation
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Misdemeanor Liability for willful failure to pay the prevailing wage
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Back Wages owed to underpaid workers
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Debarment from bidding on public works contracts
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Published on the Labor Commissioner's list of disqualified contractors
Unique Aspects of Nevada's Prevailing Wage System
- Public Works Threshold: Nevada's prevailing wage law applies to public works projects valued at $100,000 or more. State and locally funded projects below the threshold are exempt.
- Full Prevailing Wage on School District and NSHE Projects: Since the 2019 legislative changes, Nevada school districts and the Nevada System of Higher Education must pay the full prevailing wage rate on qualifying public works. The prior 90 percent rate for educational construction has been eliminated, and charter schools are now subject to prevailing wage on covered construction.
- Four Surveyable Wage Regions, Published Annually on October 1: The Labor Commissioner maintains more than 150 prevailing wage classifications across four regions.
- State-Federal Davis-Bacon Alignment: As of April 17, 2026, USDOL formally adopted Nevada's state prevailing wage rates for federal Davis-Bacon projects in Nevada, retroactive to October 1, 2025. Contractors apply a single OLC wage schedule regardless of funding source.
Relevant Resources
- Davis-Bacon Wage Determinations: SAM.gov
- DOL Form WH-347 (Revised January 2025)
- Nevada Labor Commissioner: Prevailing Wage Information: Nevada Prevailing Wage Information
- Nevada Department of Business & Industry: April 2026 USDOL Davis-Bacon Adoption Press Release
- U.S. Department of Labor Wage and Hour Division: Davis-Bacon and Related Acts
- Updating the Davis-Bacon and Related Acts Regulations - DOL Final Rule
For the most accurate and current information on prevailing wage requirements, consult the U.S. Department of Labor or your state's official labor website.
Nevada Prevailing Wage FAQs
Does Nevada have a state-specific prevailing wage law?
Yes. Nevada's Prevailing Wage Law, codified at NRS Chapter 338 and implemented through NAC 338, applies to state and locally funded public works projects valued at $100,000 or more. Contractors and subcontractors must pay workers the prevailing wage rates set by the Nevada Office of the Labor Commissioner (OLC). For federally funded projects in Nevada, the Davis-Bacon Act also applies, and as of April 17, 2026, USDOL has adopted Nevada's state prevailing wage rates for federal Davis-Bacon projects in the state.
How are prevailing wage rates determined in Nevada?
The Nevada OLC conducts annual surveys in odd-numbered years and sets prevailing wage rates by craft and locality across four surveyable regions (Washoe, Northern Rural, Clark, and Southern Rural). New rates are published on October 1 each year and remain effective for the rate cycle. Under the April 2026 state-federal alignment, USDOL adopts the same OLC rates for federal Davis-Bacon projects in Nevada.
What are the penalties for non-compliance with prevailing wage laws in Nevada?
Penalties include back wages owed to underpaid workers, administrative fines sufficient to cover the cost of the Labor Commissioner's investigation, misdemeanor liability for willful failure to pay the prevailing wage, and disqualification from bidding on public works contracts. All enforcement runs through the OLC, and the Nevada Supreme Court confirmed in Stuckey v. Apex Materials, LLC (February 26, 2026) that workers and contractors cannot bring private prevailing-wage lawsuits under NRS Chapter 338. Federal Davis-Bacon penalties also layer on top when federal funds are involved.
How are fringe benefits handled under Nevada’s prevailing wage laws?
Fringe benefits are part of the total prevailing wage that must be paid to workers. Contractors can provide bona fide fringe benefits such as health insurance, retirement, or paid leave, or pay the equivalent value as additional cash on top of the basic hourly rate. Total compensation must equal at least the basic rate plus the fringe rate listed on the applicable OLC determination. If no fringe benefits are provided, the full total hourly rate must be paid as cash directly to the worker.