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- 83rd Session (2025)
Senate Bill No. 285–Senator Daly
CHAPTER..........
AN ACT relating to apprenticeships; revising the requirements for
the eligibility for registration and approval of a proposed
apprenticeship program for a construction trade; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law makes the Office of the Labor Commissioner responsi ble and
accountable for apprenticeship in this State and requires the Office of the Labor
Commissioner to act as the State Apprenticeship Agency for the purposes of certain
federal regulations governing apprenticeships. (NRS 607.035) Existing law
additionally requires the Labor Commissioner to oversee the State Apprenticeship
Council and State Apprenticeship Director and sets forth certain duties the Director
must perform under the direction of the Labor Commissioner. (NRS 607.035,
610.120)
Existing law se ts forth various requirements for a proposed apprenticeship
program to be eligible for registration and approval by the State Apprenticeship
Council. (NRS 610.144) Section 2 of this bill requires a program, if the program
provides training in more than one specified construction trade, to contain separate
standards for each such trade. Section 3 of this bill provides that if a set of
standards that does not comply with the provisions of section 2 has been approved
for a program before October 1, 2025, the program may continue to use that set of
standards until the set of standards is voided or superseded.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.)
Sec. 2. NRS 610.144 is hereby amended to read as follows:
610.144 1. To be eligible for registration and approval by the
Council, a proposed program must:
(a) Be an organized, written plan embodying the terms and
conditions of employment, training and supervision of one or more
apprentices in an apprenticeable occupation, as defined in 29 C.F.R.
§ 29.4, and be subscribed to by a sponsor who has undertaken to
carry out the program.
(b) Except as otherwise provided in this paragraph, use a:
(1) Time-based approach, as described in 29 C.F.R. §
29.5(b)(2)(i);
(2) Competency-based approach, as described in 29 C.F.R. §
29.5(b)(2)(ii); or
(3) Hybrid approach, as described in 29 C.F.R. §
29.5(b)(2)(iii).
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A program for a const ruction trade must use a time -based
approach.
(c) Contain the pledge of equal opportunity prescribed in 29
C.F.R. § 30.3(c) and, when applicable:
(1) A plan of affirmative action in accordance with 29 C.F.R.
§ 30.4;
(2) A method of selection authorized in 29 C.F.R. § 30.10;
(3) A nondiscriminatory pool for application as an
apprentice; or
(4) Similar requirements expressed in a state plan for equal
opportunity in employment in apprenticeships adopted pursuant to
29 C.F.R. Part 30 and approved by th e United States Department of
Labor.
(d) Provide for the development of skills that are intended to
enable an apprentice to engage in a skilled trade generally, rather
than for a particular employer or sponsor.
(e) Contain:
(1) Provisions concerning th e employment and training of
the apprentice in a skilled trade;
(2) A term of apprenticeship that:
(I) If the program uses a time -based approach, requires
the completion of not less than 2,000 hours of on -the-job learning,
consistent with training req uirements as established by practice in
the trade;
(II) If the program uses a competency -based approach,
specifies the skills that must be demonstrated by an apprentice and
addresses how on -the-job learning will be integrated into the
program; or
(III) If the program uses a hybrid approach, specifies the
skills that must be acquired and the minimum number of hours of
on-the-job learning that must be completed by an apprentice;
(3) An outline of the processes in which the apprentice will
receive supe rvised experience and training on the job, and the
allocation of the approximate time to be spent in each major
process;
(4) Provisions for organized, related and supplemental
instruction in technical subjects related to the trade with a minimum
of 144 hours for each year of apprenticeship, given in a classroom or
through trade, industrial or correspondence courses of equivalent
value or other forms of study approved by the Council;
(5) A progressively increasing, reasonable and profitable
schedule of w ages to be paid to the apprentice consistent with the
skills acquired, not less than that allowed by federal or state law or
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regulations, by a collective bargaining agreement or by the
minimum apprentice wage established by the Council;
(6) Provisions fo r a periodic review and evaluation of the
apprentice’s progress in performance on the job and related
instruction and the maintenance of appropriate records of such
progress;
(7) A numeric ratio of apprentices to journeymen consistent
with proper supervi sion, training, safety, continuity of employment
and applicable provisions in collective bargaining agreements, in
language that is specific and clear as to its application;
(8) A probationary period that is reasonable in relation to the
full term of app renticeship, with full credit given for that period
toward the completion of the full term of apprenticeship;
(9) Provisions for adequate and safe equipment and facilities
for training and supervision and for the training of apprentices in
safety on the job and in related instruction;
(10) The minimum qualifications required by a sponsor for
persons entering the program, with an eligible starting age of not
less than 16 years;
(11) Provisions for the placement of an apprentice under a
written agreement as required by this chapter, incorporating directly
or by reference the standards of the program;
(12) Provisions for the granting of advanced standing or
credit to all applicants on an equal basis for previously acquired
experience, training o r skills, with commensurate wages for each
advanced step granted;
(13) Provisions for the transfer of the employer’s training
obligation when the employer is unable to fulfill his or her
obligation under the agreement to another employer under the same
or a similar program with the consent of the apprentice and the local
joint apprenticeship committee or sponsor of the program;
(14) Provisions for the assurance of qualified training
personnel and adequate supervision on the job;
(15) Provisions for th e issuance of an appropriate certificate
evidencing the successful completion of an apprenticeship;
(16) An identification of the Office of Labor Commissioner
as the agency for registration of the program;
(17) Provisions for the registration of agreem ents and of
modifications and amendments thereto;
(18) Provisions for notice to the State Apprenticeship
Director of persons who have successfully completed the program
and of all cancellations, suspensions and terminations of agreements
and the causes therefor;
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(19) Provisions for the termination of an agreement during
the probationary period by either party without cause;
(20) A statement that the program will be conducted,
operated and administered in conformity with the applicable
provisions of 29 C.F.R. Part 30 or a state plan for equal opportunity
in employment in apprenticeships adopted pursuant to 29 C.F.R.
Part 30 and approved by the United States Department of Labor;
(21) The name and address of the appropriate authority under
the program to receive, process and make disposition of complaints;
[and]
(22) Provisions for the recording and maintenance of all
records concerning apprenticeships as may be required by the
Council and applicable laws [.] ; and
(23) Separate standards for each co nstruction trade in
which the program provides training if the program provides
training in more than one of the following construction trades:
(I) Electrical workers.
(II) Teamsters.
(III) Bricklayers and allied craft workers.
(IV) Elevator constructors.
(V) Painters and allied trades.
(VI) Construction craft laborers.
(VII) Carpenters.
(VIII) Plasterers and cement masons.
(IX) Sheet metal workers.
(X) Plumbers, pipefitters and service technicians.
(XI) Roofers and allied workers.
(XII) Operating engineers.
(XIII) Boilermakers.
(XIV) Heat and frost insulators.
(XV) Iron workers.
2. If a program of apprenticeship in a skilled trade is proposed
by an employer or association of employers for approval and
registration by the Council and the Council has previously approved
and registered a program for the skilled trade, the Council shall
provide a copy of the proposed program to the sponsor of the
approved and registered program and hold a hearing before
approving or rejecting the application. The Council shall not
approve a proposed program pursuant to this subsection unless the
program requires the completion of at least as many hours of on-the-
job learning or the demonstration of at least the same number and
quality of skills, or both, as applicable, as all existing approved and
registered programs in the relevant skilled trade.
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3. To determine whether a proposed program should be
approved or rejected pursuant to subsection 2, the Council shall
consider, in addition to the requirements in subsections 1 and 2,
without limitation:
(a) Relevant information concerning the approved and registered
program, including, without limitation, the standards for
apprenticeship of the program;
(b) Whether the sponsor of the approved and registered program
is jointly administered by labor and management;
(c) The provisions of any applicable collective bargaining
agreements;
(d) Dictionaries of occupational titles;
(e) Opinions of experts provided by interested parties, including,
without limitation, organized labor, licensed contractors and
associations of contractors;
(f) Recognized labor and management practices in the relevant
industry;
(g) Scope of work descriptions issued by the Labor
Commissioner and the United States Department of Labor; and
(h) The supply of skilled workers in the trade in relation to the
demand for skilled workers in the trade and the extent to which the
sponsor of the approved and registered program is willing and able
to provide apprentices to the proposed program.
The Council may condition approval of the proposed program on
the payment of compensation to apprentices that is equal to or
greater than the compensation provided by the approved and
registered apprenticeship program.
Sec. 3. If a set of standards that do not comply with the
provisions of subparagraph (23) of paragraph (e) of subsection 1 of
NRS 610.144 , as amended by section 2 of this act, has been
approved by the State Apprenticeship Council for a program, as
defined in NRS 610.010, before October 1, 2025, the program may
continue to use that set of standards until the set of standards is
voided or superseded.
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