AB390 - Enacts provisions relating to task workers. (BDR 53-547)

A.B. 390 - *AB390* ASSEMBLY BILL NO. 390–ASSEMBLYMEMBERS GONZÁLEZ; D’SILVA AND JACKSON MARCH 11, 2025 ____________ Referred to Committee on Commerce and Labor SUMMARY—Enacts provisions relating to task workers. (BDR 53-547) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to labor; authorizing collective bargaining between task workers and task delivery platform providers; setting forth procedures and requirements governing such collective bargaining; requiring a task delivery platform provider to provide certain information to users and task workers; requiring a task delivery platform provider to ensure that a task worker is paid an amount not less than the minimum wage for each hour worked performing tasks; setting forth certain requirements and restrictions for contracts between a task delivery platform provider and a task worker; renaming and expanding the duties of the Government Employee- Management Relations Board; providing a penalty; and providing other matters properly relating thereto. Legislative Counsel’s Digest: This bill enacts provisions relating to task workers. Section 11 of this bill 1 defines “task worker” to mean a natural person who has entered into a contract with 2 a task delivery platform provider to receive connections to users in need of the 3 performance of a specific task through the task delivery platform of the provider. 4 Section 9 of this bill defines “task delivery platform” to mean an Internet website, 5 online service or mobile application that: (1) connects users in need of the 6 performance of a specific task to a task worker who can perform the task; and (2) 7 uses algorithms or automated systems for certain purposes. Section 10 of this bill 8 defines “task delivery platform provider” or “provider” to mean a person who 9 operates a task delivery platform. 10 Sections 13-35 of this bill authorize collective bargaining between task 11 workers, through a task worker organization certified as an exclusive bargaining 12 – 2 – - *AB390* representative, and providers, and set forth procedures and requirements governing 13 such collective bargaining. Section 14 provides that task workers have the right to: 14 (1) organize, form, join or assist task worker organizations, engage in collective 15 bargaining through exclusive bargaining representatives and engage in other 16 concerted activities; and (2) refrain from engaging in such activities. 17 Existing law creates the Government Employee-Management Relations Board 18 and sets forth the powers and duties of the Board concerning collective bargaining 19 between public employees and public employers. (Chapter 288 of NRS) Sections 20 13-35, 43-47, 49 and 50 of this bill expand the powers and duties of the Board to 21 include various powers and duties relating to collective bargaining between task 22 workers and providers. Sections 41, 48 and 49 of this bill change the name of the 23 Board to the Labor Relations Board to conform to this change in powers and duties. 24 Section 15 sets forth certain prohibited practices for task delivery platform 25 providers and task worker organizations, including, among others, the refusal to 26 collectively bargain in good faith concerning the compensation, hours, procedures 27 for the adjustment of grievances and other terms and conditions of work. Section 28 16 sets forth procedures for the Board to hear and decide complaints alleging that a 29 party committed such a prohibited practice. 30 Section 17 requires each provider to submit certain quarterly reports to the 31 Board concerning the task workers with whom the provider has contracted. Section 32 17 additionally requires the Board to maintain a list of each active task worker 33 based on the information provided in such reports. 34 Section 18 requires the Board to establish by regulation industry-wide 35 bargaining units consisting of groups of task workers who have a sufficient 36 community of interest appropriate for representation by a task worker organization 37 for the purpose of collective bargaining. 38 Section 19 sets forth procedures by which a task worker organization may be 39 designated as a recognized bargaining representative of a bargaining unit by the 40 Board. Sections 20 and 21 set forth procedures by which a task worker 41 organization may be certified as the exclusive bargaining representative for a 42 bargaining unit. Section 23 provides that a task worker organization that has been 43 certified as an exclusive bargaining representative remains the exclusive bargaining 44 representative until replaced or decertified in accordance with the procedures set 45 forth in sections 23 and 29. Section 22 sets forth procedures for the conduct of 46 certain elections ordered by the Board relating to the representation of task workers. 47 Section 24 grants an exclusive bargaining representative the exclusive right to 48 engage in collective bargaining with providers who have contracted with task 49 workers within the bargaining unit represented by the exclusive bargaining 50 representative. 51 Section 25 establishes procedures for the deduction from the compensation due 52 to a task worker of amounts for membership dues in a task worker organization. 53 Sections 26-31 set forth procedures and requirements governing the collective 54 bargaining process to reach a recommended agreement between an exclusive 55 bargaining representative of a bargaining unit and the providers who have 56 contracted with task workers within the bargaining unit, including procedures for 57 mediation and arbitration. 58 Section 32 provides that any recommended agreement reached by the parties or 59 the decision of an arbitrator does not become effective until approved by the Labor 60 Commissioner. Section 32 authorizes the Labor Commissioner to approve, with or 61 without modification, or reject any recommended agreement or decision of an 62 arbitrator. If the Labor Commissioner approves an agreement or decision, section 63 32 requires the Labor Commissioner to establish effective and expiration dates for 64 the agreement or decision. Section 33 provides that such an agreement does not 65 preempt or supersede any statute or regulation setting forth labor standards that 66 provide greater benefits or protections to a task worker. 67 – 3 – - *AB390* Section 34 provides for judicial review of certain determinations and decisions 68 of the Board and Labor Commissioner made pursuant to sections 13-35. Section 35 69 authorizes the Board and the Labor Commissioner to adopt certain regulations. 70 The Nevada Unfair Trade Practice Act sets forth various activities that 71 constitute a contract, combination or conspiracy in restraint of trade and authorizes 72 the Attorney General to investigate and take certain actions against persons who 73 engage in such activities, which may include, without limitation, criminal 74 prosecution and the imposition of civil penalties. (Chapter 598A of NRS) Under the 75 state action immunity doctrine, private parties engaged in activities that would 76 otherwise violate federal antitrust laws may be immune from such laws if the 77 activity is undertaken pursuant to a “clearly articulated and affirmatively expressed 78 . . . state policy” and the policy is “actively supervised by the State itself.” 79 (California Retail Liquor Dealers Ass’n v. Midcal Aluminum, Inc., 445 U.S. 97, 80 105 (1980)(internal quotation marks omitted)) Section 13 expresses the intention of 81 the Legislature to exempt activities authorized pursuant to sections 13-35 that may 82 otherwise be constrained by State antitrust laws from such laws and to provide 83 immunity for such activities from federal antitrust laws through the state action 84 immunity doctrine. Section 51 of this bill exempts activities authorized by sections 85 13-35 from the provisions of the Nevada Unfair Trade Practice Act. 86 Section 36 of this bill requires a task delivery platform provider to: (1) make 87 certain disclosures to users of the task delivery platform of the provider; and (2) 88 provide a task worker with whom the provider has contracted regular reports 89 concerning the compensation of the task worker. 90 Existing law requires an employer to pay an employee a wage of not less than a 91 certain minimum wage for each hour the employee works. (Nev. Const. Art. 15, § 92 16; NRS 608.250) Existing law requires the Labor Commissioner to administer and 93 enforce the provisions of existing law governing the minimum wage and makes it a 94 misdemeanor for a person to violate those provisions. (NRS 608.270, 608.290) 95 Existing law authorizes an employee who has been paid by an employer a lesser 96 amount than the minimum wage to bring a civil action against the employer. (NRS 97 608.260) Sections 37, 39 and 40 of this bill: (1) require a task delivery platform 98 provider to ensure that a task worker with whom the provider has contracted is paid 99 for each hour the task worker works in performing tasks through the task delivery 100 platform of the provider an amount that is not less than the minimum wage; (2) 101 authorizes a task worker to bring a civil action against a provider who violates that 102 requirement; (3) provides for the administration and enforcement of that 103 requirement by the Labor Commissioner; and (4) makes it a misdemeanor to violate 104 that requirement. 105 Section 38 of this bill sets forth certain requirements and restrictions for 106 contracts between a task worker and a task delivery platform provider. 107 Sections 3-12 of this bill define words and terms relating to task workers. 108 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Title 53 of NRS is hereby amended by adding 1 thereto a new chapter to consist of the provisions set forth as 2 sections 2 to 38, inclusive, of this act. 3 Sec. 2. As used in this chapter, unless the context otherwise 4 requires, the words and terms defined in sections 3 to 12, 5 inclusive, of this act have the meanings ascribed to them in those 6 sections. 7 – 4 – - *AB390* Sec. 3. “Active task worker” means a task worker designated 1 by the Board as an active task worker who appears on the most 2 recent list of active task workers maintained by the Board 3 pursuant to section 17 of this act. 4 Sec. 4. “Bargaining unit” means a group of task workers 5 that the Board has established as a bargaining unit pursuant to 6 section 18 of this act. 7 Sec. 5. “Board” means the Labor Relations Board created by 8 NRS 288.080. 9 Sec. 6. 1. “Company union” means any committee, 10 employee representation plan, association of workers or other 11 organization having as one of its purposes the improvement of the 12 terms and conditions of work for task workers or the adjustment of 13 grievances of task workers with task delivery platform providers: 14 (a) That a provider has initiated or created or whose initiation 15 or creation was suggested or participated in by a provider; 16 (b) Whose governing rules, management, operations or 17 elections a provider has participated in; or 18 (c) That is controlled, dominated, maintained or financed, in 19 whole or in part, by a provider. 20 2. The term does not include a task worker organization that: 21 (a) Has negotiated or otherwise been granted the right to 22 designate task workers to be released with pay by a provider for 23 the purpose of providing representational services on behalf of 24 task workers represented by the task worker organization; or 25 (b) Is authorized by a provider to meet with task workers at the 26 premises of the provider in the course of providing 27 representational services on behalf of task workers represented by 28 the task worker organization. 29 Sec. 7. “Exclusive bargaining representative” means a task 30 worker organization that has been certified as the exclusive 31 bargaining representative of a bargaining unit pursuant to section 32 20 or 22 of this act. 33 Sec. 8. “Task” means a short-term job, project, assignment 34 or other piece of work: 35 1. That is performed by a task worker on-demand at the 36 request of a user through a task delivery platform; and 37 2. For which the task worker receives compensation through 38 the task delivery platform. 39 Sec. 9. “Task delivery platform” means an Internet website, 40 online service or mobile application that: 41 1. Connects users in need of the performance of a specific 42 task to a task worker who can perform the task; and 43 2. Uses algorithms or automated systems to: 44 (a) Connect users with task workers; 45 – 5 – - *AB390* (b) Determine the rate of pay for a task worker for the 1 performance of a specific task through the platform; and 2 (c) Evaluate the performance of a task worker. 3 Sec. 10. “Task delivery platform provider” or “provider” 4 means a person who operates a task delivery platform. 5 Sec. 11. “Task worker” means a natural person who has 6 entered into a contract with a task delivery platform provider to 7 receive connections to users in need of the performance of a 8 specific task through the task delivery platform of the provider. 9 The term does not include a person who is an employee, as defined 10 in 29 U.S.C. § 152(3). 11 Sec. 12. “Task worker organization” means an organization 12 of any kind, other than a company union, having as one of its 13 purposes the improvement of the terms and conditions of work for 14 task workers or the adjustment of grievances of task workers with 15 task delivery platform providers. 16 Sec. 13. The Legislature hereby finds and declares that: 17 1. Task workers have become a prevalent and important part 18 of the economy of this State. 19 2. Task workers often suffer from inadequate pay and 20 benefits, as well as irregular or inadequate working hours. 21 3. It is in the best interest of the State to provide task workers 22 the opportunity to self-organize, designate representatives of their 23 own choosing and to bargain collectively to obtain sustainable 24 compensation, benefits and working conditions, subject to the 25 approval and ongoing supervision of the State. 26 4. It is the policy of this State to exempt a [Text truncated for display. Full text available on LegiScan.]