1. 1. A person is not an employer for the purposes of chapters 616A to 616D, inclusive, of NRS if:

   1. (a) The person enters into a contract with another person or business which is an independent enterprise; and
   2. (b) The person is not in the same trade, business, profession or occupation as the independent enterprise.

2. 2. As used in this section, “independent enterprise” means a person who holds himself or herself out as being engaged in a separate business and:

   1. (a) Holds a business or occupational license in his or her own name; or
   2. (b) Owns, rents or leases property used in furtherance of the business.

3. 3. The provisions of this section do not apply to:

   1. (a) A principal contractor who is licensed pursuant to chapter 624 of NRS.
   2. (b) A real estate broker who has a broker-salesperson or salesperson associated with the real estate broker pursuant to NRS 645.520.
4. 4. The Administrator may adopt such regulations as are necessary to carry out the provisions of this section.

(Added to NRS by 1991, 2392; A 1995, 2136)—(Substituted in revision for NRS 616.262)