 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Oliver v. Barrick Goldstrike Mines11/1/1995
f this court, but would also lead to absurd results. If NRS 616.120 controlled, then arguably, everyone ranging from a roof repairman, electrician, plumber, xerox technician, or computer technician brought in as an independent contractor to fill Barrick's special, ephemeral, non-mining needs, would be a Barrick employee. If this were the case, the exemption for licensed contractors in NRS 616.262(3) would be virtually rendered meaningless because, as Mr. Young noted, almost any task done for a company furthers the business interests of that company.
[111 Nev. 1338, Page 1350]
CONCLUSION
For the reasons set forth above, we reverse the summary judgment entered by the district court and remand this matter for a trial on the merits.
Opinion Footnotes}
1 NRS 624.220(1) states that the State Contractors' board "may limit the field and scope of the operations of a licensed contractor to those in which he is classified and qualified to engage as defined by NRS 624.215 and the regulations of the board." NRS 624.215(1) states that "the contracting business includes any or all of the following branches: (a) General engineering contracting. (b) General building contracting. (c) Specialty contracting."
2 NRS 616.1115 provides: "Principal contractor" means a person who: 1. Coordinates all the work on an entire project; 2. Contracts to complete an entire project; 3. Contracts for the services of any subcontractor or independent contractor; or 4. Is responsible for payment to any contracted subcontractors or independent contractors. It is undisputed that Barrick falls within this statutory definition and is, therefore, a principal contractor.
3 In his reply brief, Oliver appears to have abandoned his theory regarding the combined effect of the two statutes, and supplanted it with the position that a person who has a contract with an independent contractor is entitled to immunity from suit by employees of the independent contractor under NRS 616.085 if the person meets the definition of a principal contractor under NRS 616.1115 and is either (1) in the same trade or business as the independent contractor; or (2) licensed under chapter 624 of the Nevada Revised Statutes.
4 NRS 0.039 provides. Except as otherwise expressly provided in a particular statute or required by the context, "person" means a natural person, any form of business or social organization and any other non-governmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. The term does not include a government, governmental agency or political subdivision of a government.
5 During oral argument, Barrick's counsel accurately conceded that Mountain States is an "independent enterprise" under NRS 616.262(2).
6 Another indication that the legislature did not intend the definition of NRS 616.120 to apply in the present case is a statement made during legislative discussions regarding the "same trade" language in NRS 616.262. John McGlamery, Department Counsel for the Department of Industrial Relations, stated that under NRS 616.262, a department store that hires an independent contractor to perform janitorial services could not be considered to be in the same trade, business, profession or occupation as the janitor. Hearing on Proposed Amendment to S.B. 7 Before the Senate Committee on Commerce and Labor, April 9, 1991, at 19-20.
7 NRS 616.060(1) provides that the term "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" (e
Page 1 2 3 4 5 6 7 Nevada Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|