1. Except as otherwise provided in this section, the period of employment for all persons who are employed, occupied or engaged in work or labor of any kind or nature in underground mines or underground workings in search for or in extraction of minerals, whether base or precious, metallic or nonmetallic, or who are engaged in such underground mines or underground workings, or who are employed, engaged or occupied in other underground workings of any kind or nature for the purpose of tunneling, making excavations or to accomplish any other purpose or design, must not exceed 8 hours within any 24 hours. The 8-hour limit applies only to time actually employed in the mine and does not include time consumed for meals or travel into or out of the actual work site. It is unlawful for a person or an agent of the person to hire, contract with or cause any person to work for a period longer than the provisions of this section allow.
2. In cases of emergency where life or property is in danger, the period may be prolonged during the continuance of the emergency.
3. This section does not prevent change in the hours of employment from one part of the day to another at stated periods, nor does it prevent the employment of any of the persons mentioned in this section for more than 8 hours during the day in which a change is made. Such a change in the hours of employment must not occur more than once in any 2 weeks.
4. This section does not preclude a repair or maintenance crew from completing any repair or maintenance work upon which it is engaged at the end of an 8-hour period. This section does not preclude an employee from working a subsequent shift or period thereof in the same 24 hours if no qualified employee is available for relief.
5. If a majority of the employees whose hours are limited by this section agree to a policy proposed by their employer for periods of work in excess of 8 hours in a 24-hour period, the employer may adopt such a policy. The agreement required for such a policy must be evidenced by the results of an election held during regular working hours using secret ballots. All affected employees who are employed by the employer not later than 24 hours before the voting begins are eligible to cast a ballot.
6. Before such an election may be conducted, the employer must hold informational meetings for the affected employees on each shift during the regular working hours of the affected employees. At each such meeting the employer shall explain the effect of the proposed policy on the hours and compensation of the employees. Written notice of these informational meetings must be posted conspicuously in at least three locations throughout the mine site for at least 7 consecutive days before the date of the meetings. The notice must include the time, date, place and purpose of the meetings. Written notice of the time, date, place and purpose of the election must be posted in the same manner and for the same period. Failure to comply with the procedural requirements of this subsection make the results of the election void for the purposes of this section.
7. This section does not apply to employees who are covered by a valid collective bargaining agreement.
8. Any person who willfully violates any provision of subsection 1 or any regulation adopted pursuant thereto is guilty of a misdemeanor.
9. In addition to any other remedy or penalty, the Labor Commissioner may impose against the person an administrative penalty of not more than $5,000 for each such violation.
[1911 C&P § 289; A 1927, 186; 1949, 197; 1951, 65] + [Part 1911 C&P § 291; RL § 6556; NCL § 10239] — (NRS A 1967, 624; 1993, 821; 2003, 796)