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2022 Official Opinions Op. Nev. Att'y Gen. 1 (2022)

handle is hein.sag/sagnv0126 and id is 1 raw text is: AARON D. FORD Attorney General KYLE E. N. GEORGE First Assistant Attorney General CHRISTINE JONES BRADY Second Assistant Attorney General STATE OF NEVADA OFFICE OF THE ATTORNEY GENERAL 100 North Carson Street Carson City, Nevada 89701 JESSICA L. ADAIR Chief of Staff LESLIE NINO PIRO General Counsel HEIDI PARRY STERN Solicitor General December 5, 2022 OPINION NO. 2022-03 PREVAILING WAGE; REDEVELOP- MENT AGENCIES: COMPENSATION: NRS 279.500 should be construed to pro- mote its goal of fairly compensating the workers who build taxpayer-supported projects. Where a developer receives the benefit of more than $100,000.00 in tax- payer-funded financial incentives, it will generally have to bear the burden of pay- ing its employees the regional prevailing wage. Nevada courts will likely be critical of attempts to structure around that fun- damental tradeoff. Bryan Pack, City Attorney Office of the City Attorney 10 E. Mesquite Blvd. Mesquite, NV 89027 Dear City Attorney Pack, Pursuant to NRS 228.150, you have requested an opinion on several is- sues related to Nevada's prevailing-wage statute, NRS 338.020 to 338.090, and the Community Redevelopment Law, NRS chapter 279. Taken together, those statutes generally require a developer to pay the prevailing wage for work on a project if the developer has received more than $100,000 in financial incen- tives from a redevelopment agency for that project. You write that the City of Mesquite Redevelopment Agency (the Agency) has regularly made grants of no more than $99,999 with the un- derstanding that separate grants below $100,000.01 do not trigger the prevail- ing-wage statute. You ask three questions related to that practice in the con- text of an unnamed project in the City of Mesquite (the City). This opinion will address all three questions. Telephone: 775-684-1100 . Fax: 775-684-1108 . Web: ag.nv.gov . E-mail: ne te v Twitter: @NevadaAG . Facebook: /NVAttorneyGeneral . YouTube: /NevadaAG