Private Employment Agency Licensing
A private employment agency (PEA) is a business that, for a fee, commission, or charge:
1. Furnishes information to a person seeking employment enabling or tending to enable the person seeking employment to secure employment;
2. Furnishes information to a person seeking employees enabling or tending to enable the person seeking employees to obtain employees; or
3. Maintains a record of persons seeking employment or employees.
It does not include a recognized labor union OR an employer who procures his/her own employees, or an employee who procures other employees for his/her employer only.
NRS 611.030(1)-(3) requires a person operating a PEA to obtain a PEA license BEFORE operating the business, such as soliciting employers and/or employees. Operating a PEA without a valid license issued by the Office of the Labor Commissioner can result in fines, penalties, and/or misdemeanor charges being filed with the Office of the Attorney General or the local district attorney in that county.
Does my company need to be licensed by the Office of the Labor Commissioner as a PEA?
1. Is your office physically located in the State of Nevada? If yes, continue.
2. Will you be recruiting employees whom you will pay directly, but that will go to work at other business locations? If yes, continue.
3. Will you be charging a fee to either the employer for providing him/her employees OR a fee to the employee for finding him/her work? If so, continue. (Note, the rate percentage is shown in NAC 611.090).
4. Will the workers be "your" employees? Will your business issue W2s to its workers at the end of the year? If the answer is no because they are independent contractors (please read attachment as to determining independent contractors vs. employees). If independent contractors your business will not need to be licensed as a PEA through our Office. If your answer is yes, then your business will need to be licensed by our office as a PEA.
5. Is the responsible party for the business a resident of Nevada? If not, then you will need to have another party also file as an applicant for the PEA license with you. See NRS 611.040(2)(b) and NRS 611.045(1)(c).
a. NRS 611.120 No license shall protect any other than the person to whom it is issued, nor any places other than those designated on the license
All business locations for any one business must also be licensed.
6. Each applicant must fill out an application form; submit a copy of his/her current, valid driver’s license, and each get two Nevada residents to sign affidavits attesting to his/her good moral character and that the applicant has not been convicted of a felony relating to the conduct of a PEA or any offense involving moral