1. “Employment” includes service performed in the employ of this State, or of any political subdivision thereof, or of any instrumentality of this State or its political subdivisions which is owned by this State or one or more of its political subdivisions alone or in conjunction with one or more other states or political subdivisions thereof, which is excluded from the definition of “employment” by the provisions of 26 U.S.C. § 3306(c)(7), except service:

(a) As an elected official;

(b) As a member of a legislative body, or a member of the judiciary, of the State or a political subdivision;

(c) As a member of the Nevada Army National Guard or Nevada Air National Guard, unless the member:

(1) Was ordered to full-time, active duty for at least 90 consecutive days;

(2) Is paid under title 32 of the United States Code;

(3) Is released from military service under an eligible reason for separation pursuant to the Unemployment Compensation for Ex-servicemembers, or 20 C.F.R. §§ 614.1 et seq.; and

(4) Is otherwise entitled to receive benefits;

(d) In employment serving on a temporary basis in case of fire, storm, snow, earthquake, flood or similar emergency;

(e) In a position which, pursuant to state law, is designated as a major nontenured policymaking or advisory position, or a policymaking or advisory position the performance of the duties of which ordinarily does not require more than 8 hours per week; or

(f) By an inmate of a custodial or penal institution.

2. Every department of this State, and every political subdivision thereof, and each of the instrumentalities of this State and its political subdivisions, shall become an employer as provided in this chapter.

3. “Employment” does not include service performed:

(a) In a facility conducted for the purpose of carrying out a program of rehabilitation for persons whose earning capacity is impaired by age or physical or mental deficiency or injury, or providing remunerative work for persons who, because of their impaired physical or mental capacity, cannot be readily absorbed in the competitive labor market by a person receiving such rehabilitation or remunerative work; or

(b) As part of an unemployment work-relief or work-training program assisted or financed in whole or in part by any federal agency or an agency of a state or political subdivision thereof, by a person receiving such work relief or work training.

[Part 2:129:1937; renumbered in error 2.19:129:1937, 1945, 299; A 1949, 257; 1951, 253; 1951, 474; renumbered 2.9:129:1937 and A 1955, 698] — (NRS A 1971, 1357; 1977, 832; 1991, 823; 2015, 2705)