NV Supreme Court Finds Workers Cannot Sue For Prevailing Wage Violations
On February 26, 2026, the Nevada Supreme Court ruled that Nevada’s prevailing wage law does not give workers the right to file a lawsuit to recover wages. Workers must first follow the administrative procedure provided for in the prevailing wage law by filing a complaint with the Labor Commissioner.
In Stuckey v. Apex Materials, LLC, the Court considered a class action filed against a group of subcontractors and general contractors by employees who alleged they worked on a public works project but did not receive prevailing wage or overtime. The Court found that Nevada’s prevailing wage law does not provide a private right of action for prevailing wage violations. Instead, Nevada’s prevailing wage law “makes extensive provision for the Labor Commissioner and the contracting public body to establish and enforce its prevailing-wage and overtime pay requirements.” Once a worker files a prevailing wage claim with the Labor Commissioner, an investigation and a hearing are permitted and remedies and penalties can be assessed. Thus, “a worker seeking to recover unpaid wages based on a statutory violation of NRS Chapter 338’s prevailing-wage and overtime rates must do so through the administrative scheme.”
The Court also ruled that the workers could not bring other wage claims under Chapter 608 because their claims were founded on the prevailing wage allegations. Finally, the Court rejected the workers’ third-party beneficiary claim as “inconsistent with the legislative scheme.” The Court concluded: Chapter 388 “vests enforcement responsibility with the Labor Commissioner and the contracting public body.” “Since the claims alleged in this case all seek damages for violation of NRS 388.020’s statutory prevailing-wage and overtime pay requirements, those claims need to be presented to the Labor Commissioner in the first instance.”
If you have questions about this case or Nevada’s prevailing wage law, please contact a KZA attorney.
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