You are on page 1of 2
Department of Administrative Services Purchasing and Contracts 500 S Grand Central Phy 4th Fl + Box 651217 + Las Vegas NV 89195-1217 (702) 455-2897 + Fax (702) 386-4914 Les Lee Shell, Chief Administrative Officer ‘Adieen B. Stidhum, Purchasing Manager CETIESEE January 29, 2018 Anneliese Ashley Muller Construction 2133 Industrial Road Las Vegas, NV 89102 Via Email: zashley@mullerlv.com Re: — B604522-17, Las Vegas Boulevard Bollard Installment Spring Mountain Road to 800’ South of Harmon Avenue, PWP Number CL-2017-240 Ms. Ashley: ‘On January 2, 2018, a notice of compliance audit was issued to Muller Construction requesting payment documents for all employees that performed work on the Las Vegas Boulevard Bollard project. ‘On January 10, 2018, Muller Construction responded to the notice by providing paycheck stubs, canceled checks, check registers, time records and an hourly breakdown for each employee detailing the work performed per classification, for certified payroll numbers 1, 5, 6, and 7. On January 16, 2017, Muller Construction responded with the remaining audit documents to support certified payroll numbers 8, 9, 10 and 11. Muller Construction explained that the employees performed work that consisted of multiple classifications and were paid pursuant to NAC 338.010. Muller provided further clarification by stating that the employees were paid at the rate for the classification that the employee performed at the highest percentage and not by each classification that was performed NAC 338.010, provides the provisions for which the Labor Commissioner will determine the prevailing rate of wage paid to each recognized class of workers in a locality. NAC 338.010 does not regulate how a contractor shall pay its employees for work performed on a public work project. Contractors must adhere to the provisions of NRS 338.020 and NAC 338.0095 for payment of applicable prevailing rate of wages. The audit discovered that the method used by Muller Construction to calculate employee rates resulted in 14 out of 29 employees being misclassified and underpaid as iron workers, carpenters, laborer group 4, laborer group 1 and cement mason in the amount of $3,297.76. However, the audit also found that there were weeks where the misclassification caused fourteen employees to be overpaid in the amount of $5,489.07. Pursuant to NRS 608.100(2), it is unlawful for any employer to require an employee to rebate, refund or return any part of the wage, salary or compensation paid to the employee; therefore, overpayments will not be taken into consideration towards wages owed. BOARD OF COUNTY COMMISSIONERS Page 1 of 2 STEVE SIGOLAK, Chauman * CHRIS GIUNCHIGLIAN, Vice Chie SUSAN BRAGER + LARRY BROWN » JAMES 8 GIBGON » MARILYN KIRKPATRICK = LAWRENCE WEEKLY YOLANDA RING, County Manager The audit concludes that Muller Construction misinterpreted the application of NAC 338.010, and as a result, is in violation of NRS 338.020 and NAC 338.0095(a) for misclassifying fourteen employees and not paying the applicable rate of prevailing wage. It is found that Muller Construction is indebted to their employees in the amount of $3,297.76. See the enclosed detailed audit. Please issue payment correcting the misclassification as indicated in the audit. If Muller Construction believes the outcome of this audit is incorrect, Muller may provide a written response with supporting documents to substantiate its position. Proof of payment or written response is due on or before close of business, February 5, 2018. If Clark County Purchasing and Contracts does not receive Muller Construction’s response on of before the prescribed due date, pursuant to NAC 338.110; a formal Determination will be issued to the Office of the Labor Commissioner. Should you have any questions, feel free to contact me at 702-455-2751 or by email at Nellyb@ClarkCountyNV Gov. Thank you for your anticipated cooperation Respectfully, Ald red Nelida Bernal Compliance Enforcement Assistant Cc: Adleen Stidhum, Purchasing Manager, Clark County Purchasing & Contracts Trish Wooddy, Construction Compliance Officer Elizabeth Vibert, Deputy District Attorney Thomas Boldt, Sr. Purchasing Analyst Luis Lavayen, Supervising CM Inspector, Public Works Lleta Brown, Chief Compliance Investigator, Office of the Labor Commissioner Page 2 of 2

You might also like