2
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 patroller who receives no compensation for his or her
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 clergy, 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-salesperson or salesperson 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 or her home or place other
than a retail store; or
(2) To another person from his or her 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 the person works; and
(c) Performs pursuant to a written agreement with the person for whom the services are performed which
provides that the person is not an employee for the purposes of this chapter.
Other exceptions can be found in NRS 616B.606
:
Real estate brokers and salespersons not employers under certain circumstances. Any person licensed
pursuant to the provisions of chapter 645 of NRS
who engages an independent contractor to maintain or
repair property on behalf of an individual property owner or an association of property owners is not a
statutory employer for the purposes of chapters 616A to 616D, inclusive, of NRS.
Contractors (Licensed or not)
Another consideration is whether the employer is a licensed contractor as defined by NRS 624. If you are a
licensed contractor, you should know that you may be determined – as a matter of law – to be the employer
of independent contractors, subcontractors, and their employees for purposes of providing industrial
insurance coverage.
This result stems from NRS 616A.210, which states:
“…subcontractors, independent contractors and the employees of either shall be deemed to be
employees of the principal contractor for purposes of [the Nevada Industrial Insurance Act (the
“Act”)] …”
Licensed contractors need to be wary because the Act has a broad definition of principal contractor:
NRS 616A.285 “Principal contractor” defined. “Principal contractor” means a person who: