As used in subsection 5 of NRS 338.030, the Labor Commissioner will interpret "evidence presented" to include a local area practice survey conducted by the Labor Commissioner based upon the procedures set forth in the most recently published version of chapter 15 of the Field Operations Handbook of the Wage and Hour Division of the United States Department of Labor, which may be obtained free of charge at the Internet address https://www.dol.gov/agencies/whd/field-operations-handbook, if such a survey was conducted.
Nev. Admin. Code § 338.Sec. 3