S.B. 285
- *SB285*
SENATE BILL NO. 285–SENATOR DALY
MARCH 5, 2025
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Referred to Committee on Commerce and Labor
SUMMARY—Revises provisions relating to apprenticeships.
(BDR 53-91)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to apprenticeships; prohibiting the issuance of an
interim credential to an apprentice in an apprenticeship
program for a construction trade; 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 responsible and 1
accountable for apprenticeship in this State and requires the Office of the Labor 2
Commissioner to act as the State Apprenticeship Agency for the purposes of certain 3
federal regulations governing apprenticeships. (NRS 607.035) Existing law 4
additionally requires the Labor Commissioner to oversee the State Apprenticeship 5
Council and State Apprenticeship Director and sets forth certain duties the Director 6
must perform under the direction of the Labor Commissioner. (NRS 607.035, 7
610.120) 8
Existing federal regulations define “interim credential” to mean, in general, a 9
credential issued by the federal Office of Apprenticeship of the Employment and 10
Training Administration of the United States Department of Labor or a State 11
Apprenticeship Agency, upon request of the appropriate sponsor, as certification of 12
competency attainment by an apprentice. (29 C.F.R. § 29.2) Existing federal 13
regulations set forth certain requirements for apprenticeship programs that choose 14
to issue interim credentials. (29 C.F.R. § 29.5) Section 1 of this bill prohibits the 15
Labor Commissioner from issuing or directing the Director to issue an interim 16
credential to an apprentice in an apprenticeship program for a construction trade. 17
Existing law sets forth various requirements for a proposed apprenticeship 18
program to be eligible for registration and approval by the State Apprenticeship 19
Council. (NRS 610.144) Section 2 of this bill requires a program, if the program 20
provides training in more than one construction trade, to contain separate standards 21
for each such trade. Section 2 additionally prohibits a program from containing 22
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career lattices if the program is for a construction trade. Section 2 defines “career 23
lattices” to mean pathways in a program in which an apprentice can either progress 24
upward within a particular occupation or specialize or gain deeper knowledge and 25
experience laterally in particular areas. 26
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 610 of NRS is hereby amended by adding 1
thereto a new section to read as follows: 2
1. The Labor Commissioner may not issue or direct the State 3
Apprenticeship Director to issue an interim credential to an 4
apprentice in a program for a construction trade. 5
2. As used in this section, “interim credential” has the 6
meaning ascribed to it in 29 C.F.R. § 29.2. 7
Sec. 2. NRS 610.144 is hereby amended to read as follows: 8
610.144 1. To be eligible for registration and approval by the 9
Council, a proposed program must: 10
(a) Be an organized, written plan embodying the terms and 11
conditions of employment, training and supervision of one or more 12
apprentices in an apprenticeable occupation, as defined in 29 C.F.R. 13
§ 29.4, and be subscribed to by a sponsor who has undertaken to 14
carry out the program. 15
(b) Except as otherwise provided in this paragraph, use a: 16
(1) Time-based approach, as described in 29 C.F.R. § 17
29.5(b)(2)(i); 18
(2) Competency-based approach, as described in 29 C.F.R. § 19
29.5(b)(2)(ii); or 20
(3) Hybrid approach, as described in 29 C.F.R. § 21
29.5(b)(2)(iii). 22
A program for a construction trade must use a time-based 23
approach. 24
(c) Contain the pledge of equal opportunity prescribed in 29 25
C.F.R. § 30.3(c) and, when applicable: 26
(1) A plan of affirmative action in accordance with 29 C.F.R. 27
§ 30.4; 28
(2) A method of selection authorized in 29 C.F.R. § 30.10; 29
(3) A nondiscriminatory pool for application as an 30
apprentice; or 31
(4) Similar requirements expressed in a state plan for equal 32
opportunity in employment in apprenticeships adopted pursuant to 33
29 C.F.R. Part 30 and approved by the United States Department of 34
Labor. 35
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(d) Provide for the development of skills that are intended to 1
enable an apprentice to engage in a skilled trade generally, rather 2
than for a particular employer or sponsor. 3
(e) Contain: 4
(1) Provisions concerning the employment and training of 5
the apprentice in a skilled trade; 6
(2) A term of apprenticeship that: 7
(I) If the program uses a time-based approach, requires 8
the completion of not less than 2,000 hours of on-the-job learning, 9
consistent with training requirements as established by practice in 10
the trade; 11
(II) If the program uses a competency-based approach, 12
specifies the skills that must be demonstrated by an apprentice and 13
addresses how on-the-job learning will be integrated into the 14
program; or 15
(III) If the program uses a hybrid approach, specifies the 16
skills that must be acquired and the minimum number of hours of 17
on-the-job learning that must be completed by an apprentice; 18
(3) An outline of the processes in which the apprentice will 19
receive supervised experience and training on the job, and the 20
allocation of the approximate time to be spent in each major 21
process; 22
(4) Provisions for organized, related and supplemental 23
instruction in technical subjects related to the trade with a minimum 24
of 144 hours for each year of apprenticeship, given in a classroom or 25
through trade, industrial or correspondence courses of equivalent 26
value or other forms of study approved by the Council; 27
(5) A progressively increasing, reasonable and profitable 28
schedule of wages to be paid to the apprentice consistent with the 29
skills acquired, not less than that allowed by federal or state law or 30
regulations, by a collective bargaining agreement or by the 31
minimum apprentice wage established by the Council; 32
(6) Provisions for a periodic review and evaluation of the 33
apprentice’s progress in performance on the job and related 34
instruction and the maintenance of appropriate records of such 35
progress; 36
(7) A numeric ratio of apprentices to journeymen consistent 37
with proper supervision, training, safety, continuity of employment 38
and applicable provisions in collective bargaining agreements, in 39
language that is specific and clear as to its application; 40
(8) A probationary period that is reasonable in relation to the 41
full term of apprenticeship, with full credit given for that period 42
toward the completion of the full term of apprenticeship; 43
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(9) Provisions for adequate and safe equipment and facilities 1
for training and supervision and for the training of apprentices in 2
safety on the job and in related instruction; 3
(10) The minimum qualifications required by a sponsor for 4
persons entering the program, with an eligible starting age of not 5
less than 16 years; 6
(11) Provisions for the placement of an apprentice under a 7
written agreement as required by this chapter, incorporating directly 8
or by reference the standards of the program; 9
(12) Provisions for the granting of advanced standing or 10
credit to all applicants on an equal basis for previously acquired 11
experience, training or skills, with commensurate wages for each 12
advanced step granted; 13
(13) Provisions for the transfer of the employer’s training 14
obligation when the employer is unable to fulfill his or her 15
obligation under the agreement to another employer under the same 16
or a similar program with the consent of the apprentice and the local 17
joint apprenticeship committee or sponsor of the program; 18
(14) Provisions for the assurance of qualified training 19
personnel and adequate supervision on the job; 20
(15) Provisions for the issuance of an appropriate certificate 21
evidencing the successful completion of an apprenticeship; 22
(16) An identification of the Office of Labor Commissioner 23
as the agency for registration of the program; 24
(17) Provisions for the registration of agreements and of 25
modifications and amendments thereto; 26
(18) Provisions for notice to the State Apprenticeship 27
Director of persons who have successfully completed the program 28
and of all cancellations, suspensions and terminations of agreements 29
and the causes therefor; 30
(19) Provisions for the termination of an agreement during 31
the probationary period by either party without cause; 32
(20) A statement that the program will be conducted, 33
operated and administered in conformity with the applicable 34
provisions of 29 C.F.R. Part 30 or a state plan for equal opportunity 35
in employment in apprenticeships adopted pursuant to 29 C.F.R. 36
Part 30 and approved by the United States Department of Labor; 37
(21) The name and address of the appropriate authority under 38
the program to receive, process and make disposition of complaints; 39
[and] 40
(22) Provisions for the recording and maintenance of all 41
records concerning apprenticeships as may be required by the 42
Council and applicable laws [.] ; and 43
(23) If the program provides training in more than one 44
construction trade, separate standards for each such trade. 45
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(f) If the program is for a construction trade, not contain 1
provisions for career lattices. As used in this paragraph, “career 2
lattices” means pathways in a program in which an apprentice can 3
either progress upward within a particular occupation or 4
specialize or gain deeper knowledge and experience laterally in 5
particular areas. 6
2. If a program of apprenticeship in a skilled trade is proposed 7
by an employer or association of employers for approval and 8
registration by the Council and the Council has previously approved 9
and registered a program for the skilled trade, the Council shall 10
provide a copy of the proposed program to the sponsor of the 11
approved and registered program and hold a hearing before 12
approving or rejecting the application. The Council shall not 13
approve a proposed program pursuant to this subsection unless the 14
program requires the completion of at least as many hours of on-the-15
job learning or the demonstration of at least the same number and 16
quality of skills, or both, as applicable, as all existing approved and 17
registered programs in the relevant skilled trade. 18
3. To determine whether a proposed program should be 19
approved or rejected pursuant to subsection 2, the Council shall 20
consider, in addition to the requirements in subsections 1 and 2, 21
without limitation: 22
(a) Relevant information concerning the approved and registered 23
program, including, without limitation, the standards for 24
apprenticeship of the program; 25
(b) Whether the sponsor of the approved and registered program 26
is jointly administered by labor and management; 27
(c) The provisions of any applicable collective bargaining 28
agreements; 29
(d) Dictionaries of occupational titles; 30
(e) Opinions of experts provided by interested parties, including, 31
without limitation, organized labor, licensed contractors and 32
associations of contractors; 33
(f) Recognized labor and management practices in the relevant 34
industry; 35
(g) Scope of work descriptions issued by the Labor 36
Commissioner and the United States Department of Labor; and 37
(h) The supply of skilled workers in the trade in relation to the 38
demand for skilled workers in the trade and the extent to which the 39
sponsor of the approved and registered program is willing and able 40
to provide apprentices to the proposed program. 41
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The Council may condition approval of the proposed program on 1
the payment of compensation to apprentices that is equal to or 2
greater than the compensation provided by the approved and 3
registered apprenticeship program. 4
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