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?
2. Will you be recruiting employees whom you will pay
directly, but that will go to work at other business locations?
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? (Note, the rate
percentage is shown in NAC 611.090).
4. Will the workers be "your" employees and will
your business issue W2s to its workers at the end of the year?
If they will be independent
contractors your business will not need to be licensed as a PEA through our
Office; however, please read NRS 608.0155 as to determining Independent Contractors
vs. Employees as well as the Independent Contractor – Information Sheet available on
our website
).
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 character and that the applicant has not
been convicted of a felony relating to the conduct of a PEA or any offense
involving moral turpitude.