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e” and “workman” defined. “Employee” and “workman” are used interchangeably in chapters 616A to 616D, inclusive, of NRS and mean every person in the service of an employer under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed, and include, but not exclusively: 1. Aliens and minors. 2. All elected and appointed paid public officers. 3. Members of boards of directors of quasi-public or private corporations while rendering actual service for such corporations for pay. 4. Musicians providing music for hire, including members of local supporting bands and orchestras commonly known as house bands. [10:168:1947; A 1949, 659; 1943 NCL § 2680.10]—(NRS A 1957, 254; 1967, 1368; 1975, 618, 1018; 1979, 948; 1987, 597)—(Substituted in revision for NRS 616.055) NRS 616A.110 “Employee”: Persons excluded. “Employee” excludes: 1. Any person whose employment is both casual and not in the course of the trade, business, profession or occupation of his employer. 2. Any person engaged as a theatrical or stage performer or in an exhibition. 3. Musicians when their services are merely casual in nature and not lasting more than 2 consecutive days, and not recurring for the same employer, as in wedding receptions, private parties and similar miscellaneous engagements. 4. Any person engaged in household domestic service, farm, dairy, agricultural or horticultural labor, or in stock or poultry raising, except as otherwise provided in chapters 616A to 616D, inclusive, of NRS. 5. Any person performing services as a voluntary ski patrolman who receives no compensation for his services other than meals, lodging, or use of the ski tow or lift facilities. 6. Any person who performs services as a sports official for a nominal fee at a sporting event that is amateur, intercollegiate or interscholastic and is sponsored by a public agency, public entity or private, nonprofit organization. As used in this subsection, “sports official” includes an umpire, referee, judge, scorekeeper, timekeeper or other person who is a neutral participant in a sporting event. 7. Any clergyman, rabbi or lay reader in the service of a church, or any person occupying a similar position with respect to any other religion. 8. Any real estate broker, broker-salesman or salesman licensed pursuant to chapter 645 of NRS. 9. Any person who: (a) Directly sells or solicits the sale of products, in person or by telephone: (1) On the basis of a deposit, commission, purchase for resale or similar arrangement specified by the Administrator by regulation, if the products are to be resold to another person in his home or place other than a retail store; or (2) To another person from his home or place other than a retail store; (b) Receives compensation or remuneration based on sales to customers rather than for the number of hours that he works; and (c) Performs pursuant to a written agreement with the person for whom the services are performed which provides that he is not an employee for the purposes of this chapter. [11:168:1947; A 1953, 99; 1955, 915]—(NRS A 1969, 1100; 1975, 1018; 1977, 194; 1979, 949; 1985, 1077; 1995, 2129; 1997, 162; 2003, 1584) NRS 616A.115 “Employee”: Lessees engaged in mining or operating a reduction plant. Except as provided in subsection 2 of NRS 616B.653, a lessee engaged in either mining or operating a reduction plant shall be deemed to be: 1. An employee of the lessor; and 2. For the purposes of chapters 616A to 616D, inclusive, of NRS, employed at the average wage paid to a miner employed regularly in the same locality. (Added to NRS by 1987, 597)—(Substituted in revision for NRS 616.062) NRS 616A.120 “Employee”: Participants in programs of job training administered by Division of Welfare and Supportive Services of Department of Health and Human Services. Except as otherwise provided in NRS 616A.125, any person who participates in a program of job training administered by the Division of Welfare and Supportive Services of the Department of Health and Human Services shall be deemed for the purposes of chapters 616A to 616D, inclusive, of NRS to be an employee of the Division of Welfare and Supportive Services at the wage of $150 per month and is entitled to the benefits of those chapters. (Added to NRS by 1987, 2321; A 1997, 2346) NRS 616A.125 “Employee”: Participants in programs to obtain training for employment administered by Division of Welfare and Supportive Services of Department of Health and Human Services. Any person who participates in a program to obtain training for employment administered by the Division of Welfare and Supportive Services of the Department of Health and Human Services, if he receives training on the job and a wage directly from an employer, shall be deemed for the purposes of chapters 616A to 616D, inclusive, of NRS to be an employee of that employer and is entitled to the benefits of those chapters. (Added to NRS by 1987, 2321)—(Substituted in revision for NRS 616.066) NRS 616A.130 “Employee”: Volunteer workers in program for public service. Persons who perform volunteer work in any formal program which is being conducted: 1. Within a state or local public organization; 2. By a federally assisted organization; or 3. By a private, incorporated, nonprofit organization which provides services to the general community, and who are not specifically covered by any other provisions of chapters 616A to 616D, inclusive, of NRS, while engaged in such volunteer work, may be deemed by an insurer, for the purposes of those chapters, as employees of that organization at a wage of $100 per month. Such persons are entitled to the benefits of those chapters when the organization approves coverage and complies with the provisions of those chapters and regulations adopted pursuant to them. (Added to NRS by 1975, 290; A 1981, 1456; 1985, 575; 1993, 693; 1995, 2008)—(Substituted in revision for NRS 616.067) NRS 616A.135 “Employee”: Persons performing volunteer work for private organizations as part of public programs. Persons who, under a written agreement between a public agency and a private organization, perform volunteer work for a private organization as part of a public program and who are not specifically covered by any other provisions of chapters 616A to 616D, inclusive, of NRS, while engaging in that volunteer work, may be deemed by an insurer, for the purposes of those chapters, as employees of the public agency at a wage of $100 per month. Such persons are entitled to the benefits of those chapters when the public agency complies with the provisions of those chapters and the regulations adopted pursuant to them. (Added to NRS by 1981, 1016; A 1981, 1538; 1985, 576; 1993, 694; 1995, 2008; 1997, 2766, 2767) NRS 616A.140 “Employee”: Members of Nevada Wing of Civil Air Patrol. A member of the Nevada Wing of the Civil Air Patrol who participates: 1. In a mission; or 2. In training, which has been authorized by the Division of Emergency Management of the Department of Public Safety shall be deemed for the purposes of chapters 616A to 616D, inclusive, of NRS to be an employee of the Division of Emergency Management at the wage of $600 per month and, in the event of injury during such a mission or training, is entitled to the benefits of those chapters. (Added to NRS by 1983, 1354; A 1991, 2399; 1993, 1856; 2001, 2632) NRS 616A.145 “Employee”: Volunteer firefighters. Volunteer firefighters belonging to a regular organized and recognized fire department, while engaged in their duties in any voluntary community service which they may undertake, and while acting under the direction of the fire chief or any of his assistants in the protection of life or property, dur

Vegas Law




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