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Nevada Law & Business - Labor, Payroll & HR

Nevada Law & Business - Labor, Payroll & HR

Nevada Business & Law — Section 6: Labor, Payroll & HR

Use your NASCLA Contractor’s Guide — Nevada Edition. Tab and highlight definitions, duties, forms, timelines, and who is responsible. PSI loves questions about: pay frequency, final pay, record retention, workers’ compensation, employee vs independent contractor, required posters/notices, new-hire reporting, I-9/W-4/W-2, overtime, certified payroll (public works), and harassment/EEO basics.

1) Hiring & Onboarding Documents & deadlines

New-Hire Packets

  • I-9 employment eligibility (retain per rule; no photocopy substitutions unless policy).
  • W-4 federal withholding; state forms if applicable.
  • Direct deposit, emergency contacts, policy acknowledgments.
  • New-hire reporting to the state within required days of hire.

Classifying Workers

  • Employee vs. Independent Contractor: control, tools, schedule, risk of profit/loss, exclusivity.
  • Misclassification ⇒ tax, wage, and WC liabilities.
  • Subcontractors must provide WC certificates if they have employees.
2) Wages, Overtime & Pay Practices Payroll rules

Pay Frequency

  • Paydays must be regular and published to employees.
  • Track hours worked, breaks, and overtime eligibility.

Overtime

  • Know non-exempt vs exempt roles; overtime applies to non-exempt.
  • Daily/weekly OT rules—highlight the chart in your book.

Final Pay

  • Deadlines differ for voluntary quit vs involuntary termination.
  • Include earned wages and approved expense reimbursements.
3) Required Posters & Notices Visibility & compliance
  • Post federal and Nevada labor notices where employees gather (break room, trailer).
  • Keep WC posting and carrier info accessible.
  • Maintain harassment/EEO notices and complaint channels.
4) Workers’ Compensation (WC) Coverage & proof

Coverage

  • Employees must be covered; verify subcontractors’ WC or treat their workers as your own for WC purposes.
  • Penalties for non-coverage can include fines and stop-work orders.

Administration

  • Post WC info; keep first report of injury procedures handy.
  • Audit ready: payroll classes, certificates, and experience mod history.
5) Payroll Records & Retention What to keep
  • Timecards, wage rates, job codes, deductions, fringe details, and certified payroll (public works).
  • Retain payroll and personnel files for the durations stated in your book—highlight each duration.
  • Secure storage for I-9s and medical records (separate from general personnel files).
6) Benefits, Leaves & Protected Rights Basics
  • Know basics of protected leave concepts and when documentation is allowed.
  • Anti-retaliation rules: do not punish workers for raising safety or wage concerns.
  • Maintain harassment-free workplaces; train supervisors on reporting.
7) Public Works & Prevailing Wage (Overview) Tie-in to Section 8
  • Projects may require prevailing wage, certified payroll, and fringe tracking.
  • Apprentice ratios/registration and classification correctness are commonly tested.
  • File certified payrolls on time; keep backup (timecards, subs’ certs).
8) Termination, Discipline & Documentation Clean records
  • Use written documentation for performance issues; apply policies consistently.
  • At termination: compute final pay by the correct deadline; collect company property; update access.
  • Keep separation checklists; note if rehire eligible.

Practice Exam — 60 Questions Answers & brief explanations under each

1. New-hire reporting generally must be completed:

  1. Before interview
  2. Within the required days after hire
  3. Only at year-end
  4. Never
Answer

B — Mark the deadline in your book.

2. Which form verifies employment eligibility?

  1. W-4
  2. I-9
  3. W-2
  4. 1099-NEC
Answer

B — I-9 with required supporting docs.

3. A worker who sets their own schedule, uses their own tools, and bears profit/loss is most likely:

  1. Employee
  2. Independent contractor
  3. Intern
  4. Volunteer
Answer

B — Control & risk indicators suggest IC.

4. Misclassifying employees as independent contractors can lead to:

  1. No impact
  2. Tax, wage, and WC liabilities
  3. Free insurance
  4. Faster permits
Answer

B — Multiple enforcement risks.

5. Non-exempt employees must receive overtime based on:

  1. Flat salary only
  2. Daily/weekly overtime rules in the book
  3. Owner’s preference
  4. Project size
Answer

B — Highlight the OT chart.

6. Final wages after an involuntary termination are due:

  1. Whenever payroll runs
  2. By the deadline for terminations noted in your book
  3. At year-end
  4. After warranty
Answer

B — Timing differs by reason of separation.

7. Certified payrolls are typically required on:

  1. Public works projects
  2. Small residential projects only
  3. Design-build always
  4. Service contracts only
Answer

A — Public projects with prevailing wage.

8. Which document establishes tax withholding elections?

  1. I-9
  2. W-4
  3. OSHA 300
  4. COI
Answer

B — W-4 controls federal withholding.

9. Subcontractors with employees must provide:

  1. Safety manual only
  2. Workers’ compensation certificates
  3. Vehicle registration
  4. Lien waivers
Answer

B — Verify WC coverage upstream.

10. Payroll records should include:

  1. Only names
  2. Hours, wage rates, job codes, deductions
  3. Project photos
  4. Marketing flyers
Answer

B — Core payroll documentation.

11. Timecards are most critical because they:

  1. Set bid day
  2. Prove hours worked for wages/OT and certified payroll
  3. Replace contracts
  4. Handle taxes directly
Answer

B — Source records for pay accuracy.

12. Posting required labor notices must be done:

  1. At the owner’s house
  2. At conspicuous employee areas
  3. On social media
  4. Only in payroll office
Answer

B — Break room/trailer postings.

13. For I-9 storage, best practice is to:

  1. Keep with supervisor
  2. Store securely; keep separate from general personnel files
  3. Hand to vendor
  4. Throw away annually
Answer

B — Confidential and separate.

14. A non-exempt employee works unauthorized OT. The employer should:

  1. Refuse to pay
  2. Pay required OT and discipline for policy violation
  3. Convert to comp time automatically
  4. Ignore
Answer

B — Pay first; manage behavior separately.

15. An “experience mod” in WC affects:

  1. Bonding
  2. WC premium cost based on loss history
  3. Payroll taxes
  4. Lien rights
Answer

B — Loss experience multiplier.

16. Which item belongs in a public-works payroll package?

  1. As-builts
  2. Certified payroll report and fringe details
  3. Shop drawings
  4. Warranty book
Answer

B — Prevailing wage compliance.

17. An employee complaint about unpaid OT should be met with:

  1. Retaliation
  2. Investigation and correction; no retaliation
  3. Silence
  4. Termination only
Answer

B — Anti-retaliation applies.

18. Independent contractor pay is typically reported on:

  1. W-2
  2. 1099-NEC
  3. W-4
  4. I-9 only
Answer

B — 1099-NEC for non-employee comp.

19. A WC posting must include:

  1. Owner’s photo
  2. Carrier/claim reporting information
  3. Architect logo
  4. Bid date
Answer

B — Employees need claim info.

20. If a sub lacks WC coverage, the GC should:

  1. Proceed
  2. Hold award until coverage is in place
  3. Buy them coffee
  4. Ignore
Answer

B — Enforce contract/WC compliance.

21. Which is a required payroll record?

  1. Employee’s favorite team
  2. Daily/weekly hours worked
  3. Paint color
  4. Bid alternate
Answer

B — Hours drive wages/OT.

22. Final pay must include:

  1. Only salary
  2. All earned wages and authorized reimbursements
  3. Future bonuses
  4. Nothing
Answer

B — Pay what is due at separation.

23. A jobsite trailer should display:

  1. Vacation photos
  2. Required labor posters and WC information
  3. Blueprints only
  4. Marketing flyers
Answer

B — Poster compliance.

24. Which is not a safe place to store medical records?

  1. Separate, limited-access file
  2. Unlocked desk drawer in open office
  3. Secured HR system
  4. Locked cabinet with controlled keys
Answer

B — Keep confidential and separate.

25. Daily break compliance is mostly about:

  1. Tax rate
  2. Hours/rest periods depending on rules highlighted
  3. Lien rights
  4. Bonds
Answer

B — Follow break/rest rules.

26. A harassment complaint must be:

  1. Ignored
  2. Investigated promptly; no retaliation
  3. Posted online
  4. Sent to architect
Answer

B — EEO fundamentals.

27. Employers should track fringe benefits on prevailing wage because:

  1. It looks nice
  2. Fringes can satisfy part of the wage requirement
  3. It replaces payroll
  4. It waives OT
Answer

B — Wage + fringe must meet the rate.

28. If a worker refuses to sign a timecard, the supervisor should:

  1. Discard hours
  2. Document hours and refusal; pay correctly
  3. Withhold pay
  4. Call the lender
Answer

B — Document and pay for hours worked.

29. Which file typically shouldn’t include I-9s?

  1. I-9 binder
  2. General personnel file
  3. Separate secure digital folder
  4. Locked cabinet I-9 section
Answer

B — Keep I-9s separate.

30. Who is responsible for accurate certified payrolls?

  1. Designer
  2. Prime/GC and their subs for their own workers
  3. Lender only
  4. Owner only
Answer

B — Each employer certifies its payroll.

31. If an employee quits, final pay timing is:

  1. Same as involuntary termination
  2. Per the “voluntary quit” deadline in your book
  3. Any time next month
  4. Year-end
Answer

B — The deadline differs—highlight it.

32. Overtime eligibility depends on:

  1. Job title only
  2. Duties and salary tests; most field roles are non-exempt
  3. Owner’s decision
  4. Vehicle color
Answer

B — Duties + pay level tests.

33. A WC audit discrepancy often comes from:

  1. Perfect coding
  2. Misclassified labor and uninsured subs
  3. Too many posters
  4. Low payroll
Answer

B — Verify classifications and certs.

34. Meal/rest violations typically require:

  1. No action
  2. Premium pay/penalties per rules
  3. Safety audit
  4. Bond claim
Answer

B — Check your book’s penalty language.

35. Pay stubs should show:

  1. Only net pay
  2. Gross, deductions, net, and hours/rates as required
  3. Owner’s photo
  4. Bond rider
Answer

B — Transparency and compliance.

36. If an apprentice is used on public work:

  1. No records
  2. Verify registration, ratios, and pay correctly
  3. Use helper rates
  4. Skip fringe
Answer

B — Follow apprenticeship rules.

37. The best way to avoid payroll errors is:

  1. Manual sticky notes
  2. Written procedures, review, and reconciliations each payroll
  3. Ignore edits
  4. Pay cash
Answer

B — Controls prevent mistakes.

38. Which document is issued at year-end to employees?

  1. W-2
  2. 1099-NEC
  3. W-4
  4. I-9
Answer

A — W-2 for employees.

39. Which document is provided to non-employee service providers at year-end?

  1. W-2
  2. 1099-NEC
  3. W-4
  4. I-9
Answer

B — 1099-NEC for independent contractors.

40. A worker complains about safety, then is fired. This raises:

  1. No issue
  2. Potential retaliation claim
  3. Bond claim
  4. Prevailing wage dispute only
Answer

B — Protect whistleblowers; document reasons.

41. Deductions from pay must be:

  1. Any the employer wants
  2. Lawful and authorized
  3. Only taxes
  4. Always cash shortages
Answer

B — Get written authorization where required.

42. If a field employee forgets to clock out, payroll should:

  1. Set hours to zero
  2. Use supervisor verification and correct hours
  3. Delay payment indefinitely
  4. Ignore
Answer

B — Pay for hours worked.

43. “Exempt” status most closely refers to exemption from:

  1. Income tax
  2. Overtime rules (if duties/salary tests are met)
  3. WC
  4. Harassment laws
Answer

B — Exempt from OT, not taxes.

44. For travel time, the safest approach is to:

  1. Never pay
  2. Follow rules for compensable travel and document policy
  3. Let crew decide
  4. Use per diem only
Answer

B — Compensability varies; follow the book.

45. When a worker changes job classification mid-day on public work:

  1. Use the lowest rate
  2. Track hours by classification and pay applicable rates
  3. No change
  4. Average weekly
Answer

B — Split codes correctly.

46. To prove OT was paid, keep:

  1. Nothing
  2. Time records, payroll reports, and signed checks/stubs
  3. Only tax returns
  4. Only photos
Answer

B — Documentation is key.

47. If a crew works through a required meal period due to emergency:

  1. No pay
  2. Pay required premium/OT and document reason
  3. Charge to owner
  4. Ignore
Answer

B — Follow penalty/premium rules.

48. A “no-retaliation” statement should appear in:

  1. Bidding docs
  2. Employee handbook and policy acknowledgments
  3. Plans/specs
  4. Shop drawings
Answer

B — Core HR policy.

49. The best control to catch payroll fraud is:

  1. One person does everything
  2. Segregation of duties and independent review
  3. No review
  4. Cash pay
Answer

B — Separate timekeeping, approval, processing.

50. A worker paid salary is automatically exempt:

  1. True
  2. False — duties and salary tests must both be met
  3. Only on Fridays
  4. If GC says so
Answer

B — Salary alone isn’t enough.

51. Independent contractors typically provide:

  1. Own tools/equipment and carry WC/GL as applicable
  2. Only timecards
  3. Nothing
  4. Paid vacation
Answer

A — Business-to-business indicators.

52. For PTO accrual payouts at separation, use:

  1. Whatever
  2. Company policy/contract and applicable law
  3. Verbal rules
  4. Vendor guide
Answer

B — Follow policy + law.

53. If a worker alleges wage theft, the company should:

  1. Threaten them
  2. Investigate, correct if needed, and prohibit retaliation
  3. Delete records
  4. Ignore
Answer

B — Document findings and fix.

54. The safest way to prove delivery of pay stubs is:

  1. None
  2. Maintain system logs or signed acknowledgments
  3. Verbal statement
  4. Text message
Answer

B — Keep distribution proof.

55. If a supervisor edits time, best practice is to:

  1. Hide it
  2. Keep an audit trail and employee acknowledgment of corrections
  3. Delete original
  4. Round away OT
Answer

B — Transparency and controls.

56. Which is not appropriate to keep in a personnel file?

  1. Application/performance reviews
  2. I-9s (store separately)
  3. Training certs
  4. Discipline notes
Answer

B — Keep I-9s separate/secure.

57. When paying piece-rate, employers must:

  1. Ignore hours
  2. Ensure minimum wage and applicable OT are met
  3. Skip breaks
  4. Use day rates only
Answer

B — Piece-rate still must meet wage/OT rules.

58. A prevailing-wage “conformance” is a request to:

  1. Change contract price
  2. Add a classification/rate not listed when necessary
  3. Remove payroll
  4. Waive WC
Answer

B — To pay proper rate for actual work.

59. If a mistake underpays wages, the employer should:

  1. Wait for audit
  2. Pay make-up wages promptly and adjust records
  3. Ignore
  4. Charge PTO
Answer

B — Cure underpayments quickly.

60. The best checklist for payroll compliance is to verify, each cycle:

  1. Snacks
  2. Hours, rates, OT, deductions, approvals, and certified payroll if required
  3. Vehicle gas
  4. Bid bonds
Answer

B — Repeatable control list.

Next: Section 7 — Safety & OSHA (DIR) →