reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 608 - Compensation, Wages and Hours › EMPLOYMENT OF WORKERS WITH DISABILITIES AT SPECIAL MINIMUM WAGE › Section 608.257 - "Worker with a disability" defined

Current through June 11, 2024
"Worker with a disability" means a person whose productive capacity for the work to be performed is impaired by a physical or mental disability to the extent that he is unable to earn at least the minimum wage prescribed for him by NAC 608.100.
Added to NAC by Dep't of Human Resources, eff. 2-14-89; A by Labor Comm'r by R055-07, 10-31-2007-Substituted in revision for NAC 608.225
NRS 232.320, 607.160, 608.250
Nevada Administrative Code › Chapter 608 - Compensation, Wages and Hours › EMPLOYMENT OF WORKERS WITH DISABILITIES AT SPECIAL MINIMUM WAGE › Section 608.260 - "Persons with severe disabilities" interpreted

Current through June 11, 2024
For the purposes of paragraph (f) of subsection 2 of NRS NRS 608.250, "persons with severe disabilities" means a worker with a disability.
Added to NAC by Dep't of Human Resources, eff. 2-14-89
NRS 232.320, 608.250
Nevada Administrative Code › Chapter 608 - Compensation, Wages and Hours › EMPLOYMENT OF WORKERS WITH DISABILITIES AT SPECIAL MINIMUM WAGE › Section 608.265 - Applicability of provisions to working patients and students

Current through June 11, 2024
1. Except as otherwise provided in subsection 2, a patient worker or a student worker with a disability is subject to the provisions of NAC 608.200 to 608.370, inclusive, if the work he performs is of any consequential economic benefit to the institution employing him.
2. A patient worker or a student worker with a disability is not subject to the provisions of NAC 608.200 to 608.370, inclusive, if:
(a) He performs only personal housekeeping chores, such as maintaining his own quarters, and receives not more than a token payment for his services; or
(b) He is voluntarily engaged in such activities as making craft products, if:
(1) The products he makes become his property; or
(2) The money obtained from the sale of the products is divided among the workers or is spent to purchase materials used to make the products.
Nevada Administrative Code › Chapter 608 - Compensation, Wages and Hours › EMPLOYMENT OF WORKERS WITH DISABILITIES AT SPECIAL MINIMUM WAGE › Section 608.270 - Certificate required

Current through June 11, 2024
1. Except as otherwise provided in NAC 608.265, a worker with a disability may not be employed at a special minimum wage except pursuant to a certificate issued by:
(a) The Division, pursuant to NAC 608.200 to 608.370, inclusive; or
(b) The Wage and Hour Division.
Nevada Administrative Code › Chapter 608 - Compensation, Wages and Hours › EMPLOYMENT OF WORKERS WITH DISABILITIES AT SPECIAL MINIMUM WAGE › Section 608.275 - Application for certificate

Current through June 11, 2024
1. Except as otherwise provided in subsection 2, an application for a certificate must be filed by the employer on a form prescribed by the Division. The employer shall provide an answer to each question contained in the application. The application must be signed by the employer or his designee.
2. An employer who is engaged in interstate commerce, or whose annual gross volume of sales or business is at least $362,500, shall file his application for a certificate with the Wage and Hour Division. In any other case, the employer shall file his application with the Administrator.
3. An employer who applies to the Administrator for a certificate must provide the following written assurances concerning the employment of workers with a disability:
(a) In the case of a worker who is paid an hourly rate, the special minimum wage will be reviewed by the employer and adjusted as provided in NAC 608.330; and
(b) In the case of any other worker with a disability, the special minimum wage will be adjusted by the employer at least once each year to reflect changes in the prevailing wages paid to experienced nondisabled workers employed in the locality for essentially the same kind of work.
Nevada Administrative Code › Chapter 608 - Compensation, Wages and Hours › EMPLOYMENT OF WORKERS WITH DISABILITIES AT SPECIAL MINIMUM WAGE › Section 608.280 - Criteria for issuance of certificate

Current through June 11, 2024
The Division will issue a certificate only if necessary to prevent the curtailment of opportunities for employment of the worker with a disability who is affected. To determine whether a certificate will be issued, the Division will consider the following criteria:
1. The nature and extent of the disabilities of the worker;
2. The prevailing wages of experienced nondisabled workers who are employed in the locality and engaged in work comparable to that to be performed at the special minimum wage;
3. The comparative productivity of the worker with a disability and experienced nondisabled workers employed in the locality in comparable work; and
4. The wage rate to be paid to the worker with a disability for work comparable to that performed by experienced nondisabled workers.
Added to NAC by Dep't of Human Resources, eff. 2-14-89
NRS 232.320, 608.250
Nevada Administrative Code › Chapter 608 - Compensation, Wages and Hours › EMPLOYMENT OF WORKERS WITH DISABILITIES AT SPECIAL MINIMUM WAGE › Section 608.285 - Notification of issuance or denial of certificate

Current through June 11, 2024
If a certificate is issued, the Administrator will send a copy to the employer. If issuance of a certificate is denied, the Administrator will notify the employer in writing and inform him of the reasons for the denial and his right to petition for review under NAC 608.365.
Added to NAC by Dep't of Human Resources, eff. 2-14-89
NRS 232.320, 608.250
Nevada Administrative Code › Chapter 608 - Compensation, Wages and Hours › EMPLOYMENT OF WORKERS WITH DISABILITIES AT SPECIAL MINIMUM WAGE › Section 608.290 - Terms of certificate; informing worker of terms

Current through June 11, 2024
1. A certificate:
(a) Will specify the terms and conditions under which it is granted.
(b) May apply to all workers with a disability employed by an employer.
(c) Is effective for the period designated by the Administrator. A worker with a disability may be paid a special minimum wage only while the certificate is effective.
Nevada Administrative Code › Chapter 608 - Compensation, Wages and Hours › EMPLOYMENT OF WORKERS WITH DISABILITIES AT SPECIAL MINIMUM WAGE › Section 608.295 - Renewal of certificate

Current through June 11, 2024
1. An application may be filed for the renewal of any certificate. If an application for renewal is filed in a proper and timely manner, the existing certificate remains in effect until the application for renewal has been granted or denied.
2. A worker with a disability may continue to be paid a special minimum wage after notice that an application for renewal has been denied if a petition for review of the denial is filed in accordance with NAC 608.365. If the denial is affirmed on review, the employer shall reimburse any worker paid a special minimum wage in an amount equal to the difference between the applicable minimum wage and the lower wage paid to that worker, retroactive to the expiration date of the certificate.
Added to NAC by Dep't of Human Resources, eff. 2-14-89
NRS 232.320, 608.250
Nevada Administrative Code › Chapter 608 - Compensation, Wages and Hours › EMPLOYMENT OF WORKERS WITH DISABILITIES AT SPECIAL MINIMUM WAGE › Section 608.300 - Revocation of certificate

Current through June 11, 2024
1. A certificate may be revoked at any time if, as of:
(a) The date of issuance, the Division determines that any misrepresentation or false statement has been made in obtaining the certificate or in permitting a worker with a disability to be employed thereunder;
(b) The date of violation, the Division determines that any of the provisions of NAC 608.200 to 608.370, inclusive, or the terms of the certificate have been violated; or
(c) The date of notice of the revocation, the Division determines that the certificate is no longer necessary in order to prevent the curtailment of opportunities for employment.
Nevada Administrative Code › Chapter 608 - Compensation, Wages and Hours › EMPLOYMENT OF WORKERS WITH DISABILITIES AT SPECIAL MINIMUM WAGE › Section 608.305 - Determination and adjustment of special minimum wage

Current through June 11, 2024
1. A special minimum wage paid to a worker with a disability must be based on the productivity of that worker in proportion to the prevailing wage and productivity of an experienced nondisabled worker performing essentially the same kind and quality of work in the locality.
2. The special minimum wage of any worker with a disability must be adjusted by the employer at least once each year, to reflect changes in the prevailing wage paid to experienced nondisabled workers employed in the locality for essentially the same kind of work.
Added to NAC by Dep't of Human Resources, eff. 2-14-89
NRS 232.320, 608.250
Nevada Administrative Code › Chapter 608 - Compensation, Wages and Hours › EMPLOYMENT OF WORKERS WITH DISABILITIES AT SPECIAL MINIMUM WAGE › Section 608.310 - Determination of prevailing wage

Current through June 11, 2024
For the purposes of NAC 608.200 to 608.370, inclusive:
1. The prevailing wage:
(a) May not be less than the minimum wage specified in subsection 1 of NRS 608.250; and
(b) Must be based upon work using similar methods and equipment. If no such work can be found in the locality or in a comparable community, appropriate alternative techniques for calculating the prevailing wage must be used.
Nevada Administrative Code › Chapter 608 - Compensation, Wages and Hours › EMPLOYMENT OF WORKERS WITH DISABILITIES AT SPECIAL MINIMUM WAGE › Section 608.315 - Recording information concerning determination of prevailing wage

Current through June 11, 2024
An employer who determines the prevailing wage as provided in paragraph (b) of subsection 2 of NAC 608.310 shall record the following information concerning his determination:
1. The date of each contact with a firm or other source of information;
2. The name, address and telephone number of each firm or other source of information;
3. The name and title of the person contacted within each such firm or source of information;
4. A description of the information provided relating to the wage;
5. A brief description of the work for which the wage information is provided;
6. The size of the firm in terms of employees; and
7. The basis for the conclusion that the wage represents that paid to experienced nondisabled workers.
Added to NAC by Dep't of Human Resources, eff. 2-14-89
NRS 232.320, 608.250
Nevada Administrative Code › Chapter 608 - Compensation, Wages and Hours › EMPLOYMENT OF WORKERS WITH DISABILITIES AT SPECIAL MINIMUM WAGE › Section 608.320 - Determination of piece rate of pay

Current through June 11, 2024
1. If a piece rate is established for a worker with a disability employed under a certificate:
(a) The employer must use one or more methods of measuring industrial work, such as a stopwatch time study, predetermined time system or standard data, to establish a standard production rate. The use of such a method is subject to the following requirements:
(1) The method used must be verifiable through the use of established techniques of measuring industrial work.
(2) If a stopwatch time study is made, it must:
(I) Be made with three or more persons whose productivity represents normal or near-normal performance; or
(II) Include an adjustment of performance. Any such adjustment must be made by a person knowledgeable in this area, as evidenced by his successful completion of training in the field.
(3) Any person tested must be:
(I) Given time to practice the work to be performed in order to allow him to overcome the initial learning curve; and
(II) Trained to use the method of work and tools to be used by the worker with a disability.
(4) Appropriate time must be allowed for personal time, fatigue and unavoidable delay. An allowance of not less than 10 minutes per hour must be used in conducting any time study.
(5) The method must use the same method of work that will be used by the worker with a disability or, if more than one such worker is to be employed, by the majority of such workers. If any modification is made to the method of work to accommodate the special needs of the worker with a disability, no additional time study is required if the modification enables the worker to perform the work or increase productivity.
Nevada Administrative Code › Chapter 608 - Compensation, Wages and Hours › EMPLOYMENT OF WORKERS WITH DISABILITIES AT SPECIAL MINIMUM WAGE › Section 608.325 - Compensable time of worker

Current through June 11, 2024
1. A worker with a disability employed at a special minimum wage must be compensated for all time during which he is actually performing productive work or is required by the employer to remain available for the next assignment.
2. A worker with a disability who is provided therapy or the opportunity to participate in an alternate program or activity on the premises of the employer is not engaged in a compensable activity if:
(a) He is completely relieved from duty; and
(b) The therapy, program or activity does not involve work and is not directly related to the worker's job.
Nevada Administrative Code › Chapter 608 - Compensation, Wages and Hours › EMPLOYMENT OF WORKERS WITH DISABILITIES AT SPECIAL MINIMUM WAGE › Section 608.330 - Periodic evaluation of worker's productivity

Current through June 11, 2024
If a worker with a disability is employed under a certificate at an hourly rate:
1. An evaluation of his productivity must be made within 30 days after his employment begins to determine the appropriate rate of pay. The results of the evaluation must be recorded and the wages of the worker adjusted accordingly not later than the first complete pay period following the evaluation.
2. Upon the completion of not more than 6 months of employment by the worker, the employer must conduct a review of the quantity and quality of work of the worker as compared to that of nondisabled workers engaged in similar work or work requiring similar skills. The results of the review must be recorded.
3. The productivity of the worker must be reviewed and the findings recorded during the 6 months immediately following the initial review and at least every 6 months thereafter. The wages of the worker must be adjusted accordingly not later than the first complete pay period following each review.
Added to NAC by Dep't of Human Resources, eff. 2-14-89
NRS 232.320, 608.250
Nevada Administrative Code › Chapter 608 - Compensation, Wages and Hours › EMPLOYMENT OF WORKERS WITH DISABILITIES AT SPECIAL MINIMUM WAGE › Section 608.335 - Payment of worker at piece rate

Current through June 11, 2024
Any worker with a disability employed at a piece rate must be paid his full earnings. An employer may pool the earnings of two or more workers with a disability if a piece rate cannot be established for each worker. In such a case, the employer shall, to the extent practicable, objectively divide the earnings among the workers according to the productivity level of each worker.
Added to NAC by Dep't of Human Resources, eff. 2-14-89
NRS 232.320, 608.250
Nevada Administrative Code › Chapter 608 - Compensation, Wages and Hours › EMPLOYMENT OF WORKERS WITH DISABILITIES AT SPECIAL MINIMUM WAGE › Section 608.340 - Cost of room, board and other services provided to working patient

Current through June 11, 2024
1. Except as otherwise provided in subsection 2, no deduction may be made from the special minimum wage of a patient worker to cover the cost of room, board or other services provided by the institution where he is employed. The patient worker must receive his wages free and clear, except for amounts deducted for taxes, any voluntary assignment of wages or any deductions ordered by a court of competent jurisdiction.
2. An institution may assess and collect charges for room, board and other services actually provided to a patient worker to the extent permitted by applicable law and on the same basis as it assesses and collects such charges from nonworking patients.
Added to NAC by Dep't of Human Resources, eff. 2-14-89
NRS 232.320, 608.250
Nevada Administrative Code › Chapter 608 - Compensation, Wages and Hours › EMPLOYMENT OF WORKERS WITH DISABILITIES AT SPECIAL MINIMUM WAGE › Section 608.345 - Administrative review of special minimum wage; reporting violations of law

Current through June 11, 2024
1. A worker with a disability receiving a special minimum wage, or his parent or guardian, may petition the Administrator to obtain a review of the special minimum wage. No particular form of petition is required, except that a petition must be signed by the worker, or his parent or guardian, and contain the name and address of the worker and his employer. The petition must be delivered or mailed to the Administrator at 505 East King Street, Room 502, Carson City, Nevada 89710.
2. The Administrator will review the petition within 10 working days after he receives it and will contact or visit the employer of the worker to inform the employer that the petition has been filed.
3. The Administrator may require the employer to present documents and records and may otherwise investigate the circumstances pertaining to the petition. The Administrator may also require additional information from the worker or any representative of the employee.
4. Within 60 days after he receives the petition, the Administrator will make a determination in the matter and will give the worker and the employer written notice of his findings. If the Administrator finds that any provision of NAC 608.200 to 608.370, inclusive, or any condition of the certificate has been violated, the Administrator may require corrective action or revoke the certificate. The decision of the Administrator is final for the purposes of judicial review, but does not limit the right of a worker with a disability to pursue any other administrative remedy available under applicable law.
5. If the Administrator finds an actual or potential violation by an employer of subsection 1 of NRS 608.250, or of section 14(c) of the Fair Labor Standards Act of 1938, 29 U.S.C. §
									214(c), or any regulation adopted thereunder, the Administrator may provide information in his possession to the Labor Commissioner or the Wage and Hour Division and request an investigation of the matter.
Added to NAC by Dep't of Human Resources, eff. 2-14-89
NRS 232.320, 608.250
Nevada Administrative Code › Chapter 608 - Compensation, Wages and Hours › EMPLOYMENT OF WORKERS WITH DISABILITIES AT SPECIAL MINIMUM WAGE › Section 608.350 - Reducing minimum hourly rate of pay

Current through June 11, 2024
1. No employer may reduce the minimum hourly wage rate guaranteed by a certificate without the prior consent of the Administrator.
2. To obtain the consent required by subsection 1, the employer must submit to the Administrator information which is relevant to the criteria set forth in subsection 3. The burden of establishing the necessity of the reduction is on the employer.
3. In reviewing a request to reduce the wage rate of a worker with a disability, the Administrator will consider documented evidence of any change in:
(a) The disabling condition of the worker which has a substantial adverse impact on his productive capacity;
(b) The kind of work being performed in the facility which affects the productivity of the worker or results in the application of a lower prevailing wage; and
(c) General economic conditions in the locality where the work is performed which results in a lower prevailing wage.
Nevada Administrative Code › Chapter 608 - Compensation, Wages and Hours › EMPLOYMENT OF WORKERS WITH DISABILITIES AT SPECIAL MINIMUM WAGE › Section 608.355 - Maintenance of records concerning worker

Current through June 11, 2024
Each employer of a worker with a disability employed under a certificate shall, for each such worker, maintain and have available for inspection records indicating:
1. Verification of the disability of the worker and, in cases where the disability cannot be readily observed, appropriate medical or psychiatric reports or results of psychological tests;
2. Evidence of the productivity of the worker, obtained as provided in NAC 608.330;
3. The prevailing wage paid nondisabled workers who are employed in industry in the locality for essentially the same kind of work using similar methods and equipment; and
4. The production standards and supporting documentation for nondisabled workers for the job being performed by the worker with a disability.
Added to NAC by Dep't of Human Resources, eff. 2-14-89
NRS 232.320, 608.250
Nevada Administrative Code › Chapter 608 - Compensation, Wages and Hours › EMPLOYMENT OF WORKERS WITH DISABILITIES AT SPECIAL MINIMUM WAGE › Section 608.360 - Posting explanation of conditions for payment of special minimum wage

Current through June 11, 2024
Each employer of a worker with a disability employed under a certificate shall at all times display a poster explaining, in general terms, the conditions under which a special minimum wage must be paid. The poster must be displayed in a conspicuous place on the premises of the employer where it may be readily observed by the worker, his parent or guardian, and other employees.
Added to NAC by Dep't of Human Resources, eff. 2-14-89
NRS 232.320, 608.250
Nevada Administrative Code › Chapter 608 - Compensation, Wages and Hours › EMPLOYMENT OF WORKERS WITH DISABILITIES AT SPECIAL MINIMUM WAGE › Section 608.365 - Review of action of Division

Current through June 11, 2024
Any person aggrieved by any action of the Division taken pursuant to NAC 608.200 to 608.370, inclusive, may, within 60 days or such additional time as the Administrator allows, file with the Administrator a petition for review. Review, if granted, will be made by the Administrator. Other interested persons, to the extent the Administrator deems appropriate, may be afforded an opportunity to present data and views.
Added to NAC by Dep't of Human Resources, eff. 2-14-89
NRS 232.320, 608.250
Nevada Administrative Code › Chapter 608 - Compensation, Wages and Hours › EMPLOYMENT OF WORKERS WITH DISABILITIES AT SPECIAL MINIMUM WAGE › Section 608.370 - Investigation by Division or Administrator

Current through June 11, 2024
The Division or the Administrator may conduct an investigation, which may include a hearing, before taking any action pursuant to NAC 608.200 to 608.370, inclusive. To the extent deemed appropriate, the Division or the Administrator may provide an opportunity to other interested persons to present data and views.
Added to NAC by Dep't of Human Resources, eff. 2-14-89
NRS 232.320, 608.250
Nevada Administrative Code › Chapter 609 - Employment of Minors › Section 609.100 - Availability of determination by Labor Commissioner that certain employment dangerous or injurious to children under 16 years of age

Current through June 11, 2024
If the Labor Commissioner determines, pursuant to NRS 609.200, that any particular trade, process of manufacture or occupation, or any particular method of carrying on such trade, process of manufacture or occupation, is sufficiently dangerous to the lives or limbs, or injurious to the health or morals, of minors under 16 years of age employed therein to justify their exclusion therefrom, the Labor Commissioner will make his determination available for public review and inspection:
1. At each office of the Labor Commissioner during regular business hours; and
2. On the Internet or its successor, if any.
Added to NAC by Labor Comm'r by R106-03, eff. 10-22-2003
NRS 607.160, 609.200
Nevada Administrative Code › Chapter 609 - Employment of Minors › Section 609.150 - Employment of child under 16 years of age in certain sales activities prohibited; exceptions

Current through June 11, 2024
1. Except as otherwise provided in this section and NRS 609.221, a person shall not employ a child under the age of 16 years in connection with the solicitation for sale or selling of any product, good or service at any time or place or in any manner that the Labor Commissioner determines, pursuant to subsection 2, to be dangerous to the health or welfare of such a child.
2. The Labor Commissioner hereby determines that, except as otherwise provided in subsections 3 and 4, the employment of a child under the age of 16 years in connection with the solicitation for sale or selling of any product, good or service at any time or in any manner is dangerous to the health or welfare of such a child if the solicitation for sale or selling takes place:
(a) At the residence or place of business of the customer;
(b) In a public place; or
(c) From a vehicle.
Nevada Administrative Code › Chapter 610 - Apprenticeships › GENERAL PROVISIONS › Section 610.010 - Definitions

Current through June 11, 2024
As used in NAC to 610.495, inclusive, unless the context
				otherwise requires, the words and terms defined in NAC 610.013 to 610.040,
				inclusive, have the meanings ascribed to them in those sections.
Supplied in codification;
				A by Apprenticeship Council, 10-15-81; R142-01, 12-17-2001; R047-08,
				8-25-2009
NRS 610.090
Nevada Administrative Code › Chapter 610 - Apprenticeships › GENERAL PROVISIONS › Section 610.013 - "Agreement for apprenticeship" defined

Current through June 11, 2024
"Agreement for apprenticeship" means a written agreement
				between an apprentice and his or her employer or a joint committee which sets
				forth the responsibilities and obligations of the parties regarding the
				employment and training of the apprentice.
Added to NAC by
				Apprenticeship Council, eff. 10-15-81
NRS 610.090
Nevada Administrative Code › Chapter 610 - Apprenticeships › STATE APPRENTICESHIP COUNCIL › Section 610.110 - General powers and policies

Current through June 11, 2024
The Council will:
1.
			 Advise and guide the Director and state or local joint committees in the
			 formation of conditions and training standards for agreements for
			 apprenticeship, and assist the Director in carrying out the intent and purpose
			 of chapter 610 of NRS.
2. Terminate
			 or cancel agreements for apprenticeship upon the recommendation of the Director
			 or upon its own motion.
3. Provide
			 for the greatest possible diversity of training and continuity of employment
			 for apprentices.
4. Assist in the
			 adjustment of differences and disputes between apprentices and
			 employers.
5. Cooperate with all
			 public and private agencies interested in the promotion and development of
			 sound standards for apprenticeship in Nevada, including trade associations,
			 employee organizations, state and local boards for vocational education, the
			 State Employment Service and the Federal Committee on Apprenticeship.
Apprenticeship Council,
				Art. II, eff. 11-11-39-NAC A 10-15-81
NRS 610.090
Nevada Administrative Code › Chapter 610 - Apprenticeships › STATE APPRENTICESHIP COUNCIL › Section 610.115 - Meetings; minutes

Current through June 11, 2024
1. The Council will
			 meet in the months of February, May, August and November. The Council may meet
			 at other times at the call of a majority of its members.
2.
Robert's Rules of Order
govern the conduct of all meetings of the Council.
3. Two representatives of employers and two
			 representatives of employees constitute a quorum.
4. In the absence or recusal of the Chair of
			 the Council, the Director will appoint another member of the Council to preside
			 over the proceedings of the Council.
5. The Council will designate the location of
			 each of its meetings.
6. The
			 Director will have the minutes of the Council meetings typed and will provide a
			 copy of the minutes to each member of the Council and to any other person who
			 requests a copy.
Apprenticeship Council,
				Art. III § 1, eff. 11-11-39; A 7-1-51; + Art. III §§ 2 & 6,
				eff. 11-11-39; + Art. VIII § 4, eff. 2-28-53-NAC A 10-15-81; 11-14-97;
				R142-01, 12-17-2001; R082-04, 7-13-2004
NRS 610.070,
				  610.090
Nevada Administrative Code › Chapter 610 - Apprenticeships › STATE APPRENTICESHIP COUNCIL › Section 610.145 - Functions of Director; Council's powers, objectives respecting programs of apprenticeship

Current through June 11, 2024
1. Between meetings
			 of the Council, the Director shall carry out, interpret and administer the
			 policies of the Council.
2. The
			 Council may approve programs of apprenticeship and may deal with any other
			 training program affecting apprenticeship.
3. The Council will seek and encourage the
			 cooperation of employer and employee organizations and vocational educators
			 throughout the State in carrying on programs of apprenticeship.
Apprenticeship Council,
				Art. IV § 5 + Art. V §§ 1-5, eff. 11-11-39-NAC A
				10-15-81
NRS 610.090,
				  610.120
Nevada Administrative Code › Chapter 610 - Apprenticeships › JOINT COMMITTEES › Section 610.225 - Formation; jurisdiction; composition

Current through June 11, 2024
1. The Council will
			 encourage the formation of joint committees with jurisdiction over a county or
			 larger area if it is found that programs of apprenticeship can be advanced
			 thereby.
2. Such committees must be
			 composed of an equal number of representatives of management and labor and any
			 public representatives whom they select.
3. Such a committee may act as a joint
			 committee for more than one trade or industry with the consent of the employers
			 and employees involved.
Apprenticeship Council,
				Art. V §§ 11 & 13, eff. 11-11-39-NAC A
				10-15-81
NRS 610.090,
				  610.140
Nevada Administrative Code › Chapter 610 - Apprenticeships › JOINT COMMITTEES › Section 610.230 - Consultants

Current through June 11, 2024
Each local joint committee shall invite a representative
				designated by the Council to serve as a consultant on the committee.
Apprenticeship Council,
				Art. V § 9, eff. 11-11-39-NAC A 10-15-81
NRS 610.090,
				  610.140
Nevada Administrative Code › Chapter 610 - Apprenticeships › JOINT COMMITTEES › Section 610.240 - Multiple trades

Current through June 11, 2024
1. If an industry
			 employs more than one trade in which training by apprenticeship is practical,
			 one master agreement for the standards of apprenticeship may be entered into
			 with one master joint committee.
2.
			 Separate standards for each affected trade will be incorporated into the master
			 standards.
Apprenticeship Council,
				Art. V § 12, eff. 11-11-39
NRS 610.090,
				  610.140
Nevada Administrative Code › Chapter 610 - Apprenticeships › JOINT COMMITTEES › Section 610.245 - Grants of credit

Current through June 11, 2024
1. The local joint
			 committee shall evaluate and grant credit for the degree of preparation
			 achieved by each apprentice.
2. If
			 a committee grants more than 50 percent credit for previous experience,
			 training or skills to an apprentice, the committee must support the grant with
			 substantial documentation.
Apprenticeship Council,
				Art. V part § 14, eff. 11-11-39-NAC A
				11-14-97
NRS 610.090,
				  610.140
Nevada Administrative Code › Chapter 610 - Apprenticeships › JOINT COMMITTEES › Section 610.250 - Modification of term of apprenticeship

Current through June 11, 2024
1. A local
			 committee may extend the term of an apprenticeship if the apprentice fails to
			 complete the requirements for qualification as a journeyman.
2. The local committee may reduce the term of
			 an apprenticeship if the apprentice has had satisfactory training or is
			 unusually proficient at the trade.
3. Modifications authorized by this section
			 must be approved by the Council.
4.
			 Unless an apprentice qualifies for a reduction under subsection 2, no reduction
			 of the term of an apprenticeship may be based on the completion of the required
			 number of work hours by the apprentice.
Apprenticeship Council,
				Art. V part § 14, eff. 11-11-39; A 6-13-69; + Art. VIII § 7, eff.
				8-17-55-NAC A 10-15-81
NRS 610.090,
				  610.140
Nevada Administrative Code › Chapter 610 - Apprenticeships › ADMINISTRATION › Section 610.310 - Standards: Submission of proposed standards to Council for approval or rejection; periodic review of standards of registered program

Current through June 11, 2024
1. Proposed standards for an apprenticeship
			 program must be submitted to the Council for its approval or
			 rejection.
2. If the Council
			 rejects any proposed standards, it will inform the applicant of the
			 deficiencies upon which it bases its decision.
3. Except as provided in subsection 4, the
			 applicant may resubmit the proposed standards to the Council for approval only
			 if:
(a) All the deficiencies previously listed
			 by the Council have been corrected; and
(b) The Director determines that the
			 standards are suitable for resubmission.
Nevada Administrative Code › Chapter 610 - Apprenticeships › ADMINISTRATION › Section 610.314 - Standards: Submission in entirety by registered program for review or revision by Council

Current through June 11, 2024
If a program of apprenticeship registered with the Council
				submits standards to the Council for its review or revision, the program must
				submit the standards in their entirety.
Added to NAC by
				Apprenticeship Council by R142-01, eff.
				12-17-2001
NRS 610.090,
				  610.095
Nevada Administrative Code › Chapter 610 - Apprenticeships › ADMINISTRATION › Section 610.320 - Approval of programs of apprenticeship: Application forms

Current through June 11, 2024
1. All applications for the approval of a
			 program of apprenticeship must be made on a form provided by the Council, but
			 the form may be modified to meet particular needs.
2. The Director may make any technical
			 changes necessary to make the forms conform to the Fair Labor Standards Act of
			 1938,
			 29
			 U.S.C. §§
									201 et seq., as it exists
			 on October 15, 1981. Such changes must be approved by the Council.
Apprenticeship Council,
				Art. V § 23, eff. 11-11-39; A 11-24-57; + Art. V part § 24, eff.
				11-11-39-NAC A 10-15-81
NRS 610.090,
				  610.095
Nevada Administrative Code › Chapter 610 - Apprenticeships › ADMINISTRATION › Section 610.350 - Approval of programs of apprenticeship: Comity registration

Current through June 11, 2024
Standards for apprenticeships and programs of apprenticeship
				which are:
1. Sponsored by employers
			 and unions which have formed a joint sponsoring entity;
2. In trades and industries other than the
			 building and construction industry;
3. Sponsored on a multistate basis;
			 and
4. Registered in a manner which
			 meets all of the requirements of the Council,
will be registered or approved by the Council if registered in
				another jurisdiction which registers or approves programs registered in this
				State.
Apprenticeship Council,
				eff. 5-26-78
NRS 610.090,
				  610.095
Nevada Administrative Code › Chapter 610 - Apprenticeships › ADMINISTRATION › Section 610.355 - Approval of programs of apprenticeship: Review of proposed program by registered sponsor

Current through June 11, 2024
1. If a program of
			 apprenticeship is proposed by an employer or association of employers for
			 registration with the Council and the Council has previously registered a
			 program with similar objectives for a similar job, the Council will provide a
			 copy of the standards of the proposed program to the sponsor of the registered
			 program.
2. The Council will
			 provide a reasonable time, not less than 30 days or more than 60 days, for the
			 registered sponsor to comment on the proposed program before taking final
			 action on the application for registration.
Apprenticeship Council,
				eff. 5-26-78-NAC A 10-15-81
NRS 610.090,
				  610.095
Nevada Administrative Code › Chapter 610 - Apprenticeships › ADMINISTRATION › Section 610.357 - Approval of programs of apprenticeship: Period of probation; review of program by staff of Labor Commissioner

Current through June 11, 2024
1. Each newly
			 approved program will be on probation for a period of at least 2
			 years.
2. During the period
			 described in subsection 1, the staff of the Labor Commissioner shall conduct at
			 least one of the reviews of the approved program described in NAC
			 610.495.
Added to NAC by
				Apprenticeship Council by R082-04, eff. 7-13-2004
NRS 610.090,
				  610.095,
				  610.120
Nevada Administrative Code › Chapter 610 - Apprenticeships › ADMINISTRATION › Section 610.360 - Denial of application for approval of program or imposition of sanctions against approved program

Current through June 11, 2024
1. The Council will
			 deny an application for the approval of a program of apprenticeship, suspend,
			 terminate, cancel or place conditions upon any approved program, or place an
			 approved program on probation if the applicant, the approved program or an
			 employer participating in the approved program fails to:
(a) Respond to a subpoena issued pursuant to
			 NRS
			 607.170 or
			 607.210;
(b) Pay an employee for each hour that the
			 employee worked as required pursuant to
			 NRS
			 608.016;
(c) Pay an employee at least the wage, salary
			 or compensation that was agreed to be paid to the employee through a collective
			 bargaining agreement, if any, or established pursuant to any existing statute
			 or regulation of this State or by contract between the employer and the
			 employee, as required pursuant to
			 NRS
			 608.100;
(d) Establish or maintain the records of
			 wages for the benefit of his or her employees as required pursuant to
			 NRS
			 608.115;
(e) Assume the liability for the indebtedness
			 of a subcontractor or any contractor acting under, by or for the original
			 contractor as required pursuant to
			 NRS
			 608.150;
(f) Pay an employee at least the minimum wage
			 established pursuant to
			 NRS
			 608.250 or comply with any regulation adopted
			 pursuant thereto by the Labor Commissioner;
(g) Comply with the provisions of chapter 609
			 of NRS which govern the employment of minors or any regulation adopted pursuant
			 thereto by the Labor Commissioner;
(h) Comply with any:
(1) Of the provisions of chapter 610 of NRS
			 which govern apprenticeships or any regulation adopted pursuant thereto by the
			 Council; or
(2) Order issued by the
			 Council after providing notice and a hearing and for good cause
			 shown;
(i) Pay the
			 contributions for unemployment compensation as required pursuant to chapter 612
			 of NRS;
(j) Provide and secure
			 compensation for employees as required pursuant to chapters 616A to 617,
			 inclusive, of NRS;
(k) Cooperate
			 with or comply with the orders of the Division of Industrial Relations of the
			 Department of Business and Industry issued pursuant to chapter 618 of
			 NRS;
(l) Maintain a successful
			 completion rate for apprentices of 50 percent or more over the period of
			 training for apprentices of an approved program unless the approved program
			 provides the Council with a reasonable explanation for noncompliance;
			 or
(m) Reinstate an apprentice
			 following the decision of the Council issued pursuant to NAC 610.461 to reverse
			 the decision of a joint committee to dismiss the apprentice.
Nevada Administrative Code › Chapter 610 - Apprenticeships › ADMINISTRATION › Section 610.365 - Cancellation of approved program or occupation within approved program

Current through June 11, 2024
1. After serving notice of its intent as set
			 forth in subsection 2, the Council may cancel an approved program or an
			 occupation within an approved program, if the program has not indentured an
			 apprentice within the immediately preceding year.
2. Not less than 30 days before the Council
			 cancels an approved program or occupation within an approved program pursuant
			 to subsection 1, the Council will serve notice of its intended action by
			 certified mail to the last known address of the sponsor of the approved
			 program.
Added to NAC by
				Apprenticeship Council by R142-01, eff.
				12-17-2001
NRS 610.090,
				  610.095
Nevada Administrative Code › Chapter 610 - Apprenticeships › ADMINISTRATION › Section 610.430 - Agreements for apprenticeships: Forms; approval of alterations, amendments

Current through June 11, 2024
1. Standard forms of agreements for
			 apprenticeship provided by the Council must be used for all apprentices in the
			 State.
2. Alterations or amendments
			 of agreements must be approved by the Council.
Apprenticeship Council,
				Art. V § 25, eff. 11-11-39; A 11-24-57; + Art. V part § 24, eff.
				11-11-39-NAC A 10-15-81
NRS 610.090,
				  610.150
Nevada Administrative Code › Chapter 610 - Apprenticeships › ADMINISTRATION › Section 610.433 - Costs of training

Current through June 11, 2024
1. Except as
			 otherwise provided in subsection 2, a program must pay the costs of training an
			 apprentice. An apprentice is not liable for and may not be required to pay any
			 costs for training, including, but not limited to, costs for classroom
			 facilities, college credits, tuition or instructors. The provisions of this
			 subsection do not void or disallow a subscription agreement that has been found
			 to be valid in a court of competent jurisdiction.
2. A program may require an apprentice to pay
			 the costs of his or her books, tools and any license required to work in his or
			 her trade.
3. As used in this
			 section, "subscription agreement" means an agreement between a program and an
			 apprentice whereby the apprentice agrees to repay the costs of the program if
			 the program of apprenticeship is terminated.
Added to NAC by
				Apprenticeship Council, eff. 11-14-97
NRS 610.090,
				  610.144
Nevada Administrative Code › Chapter 610 - Apprenticeships › ADMINISTRATION › Section 610.436 - Guarantees required from sponsors of programs of apprenticeship

Current through June 11, 2024
A sponsor of a program of apprenticeship shall guarantee in
				writing that the employer of an apprentice in the program will:
1. Participate in the program;
2. Agree to pay the costs of the program
			 assessed to him or her; and
3.
			 Agree to pay the applicable apprenticeship wage.
Added to NAC by
				Apprenticeship Council, eff. 11-14-97
NRS 610.090,
				  610.144
Nevada Administrative Code › Chapter 610 - Apprenticeships › ADMINISTRATION › Section 610.438 - Ratio of apprentices to journeymen

Current through June 11, 2024
1. Except as
			 otherwise provided in subsection 3, if an employer uses apprentices on a
			 project, the ratio of apprentices to journeymen at a job site must be:
(a) In all programs of apprenticeship in the
			 construction industry, not more than one apprentice for the first journeyman at
			 the job site and not more than one apprentice for every three additional
			 journeymen; or
(b) In all other
			 programs of apprenticeship, not more than one apprentice for every one
			 journeyman.
Nevada Administrative Code › Chapter 610 - Apprenticeships › ADMINISTRATION › Section 610.442 - Limitation on period of probation of registered apprentice

Current through June 11, 2024
The period of probation of a registered apprentice must not
				exceed 25 percent of his or her total hours of training on the job and related
				instruction.
Added to NAC by
				Apprenticeship Council by R142-01, eff.
				12-17-2001
NRS 610.090,
				  610.144
Nevada Administrative Code › Chapter 610 - Apprenticeships › ADMINISTRATION › Section 610.450 - Registration of apprentice transferring to Nevada

Current through June 11, 2024
1. Any
			 apprentice who is registered in another jurisdiction and who transfers to this
			 State and is working or residing in this State shall register with the Council
			 on forms provided by it.
2. The
			 Council will not accept registration in the form of an indenture or agreement
			 from another jurisdiction.
Apprenticeship Council,
				Art. VIII § 9, eff. 3-14-57
NRS 610.090
Nevada Administrative Code › Chapter 610 - Apprenticeships › ADMINISTRATION › Section 610.460 - Dismissal of apprentice; reconsideration of dismissal; appeal from final decision

Current through June 11, 2024
1. A joint
			 committee may cancel an agreement with any apprentice and dismiss him or her.
			 Upon such a cancellation and dismissal, the joint committee shall serve written
			 notice of the dismissal upon the apprentice and also notify him or her of the
			 right to request the joint committee to reconsider its decision. Such a
			 notification must be given by certified or registered mail.
2. The apprentice may make such a request by
			 filing a written notice of the request with the joint committee within 30 days
			 after the date on which the notice of dismissal from the program is deposited
			 in the mail.
3. Within 30 days
			 after receipt of a request or at its next scheduled meeting, whichever is
			 sooner, the joint committee shall hold a hearing for the reconsideration. The
			 joint committee shall notify:
(a) The
			 apprentice of the joint committee's final decision upon reconsideration and of
			 the right to appeal from that decision to the Council if the joint committee
			 has affirmed the dismissal; and
(b)
			 The Council of the joint committee's final decision upon
			 reconsideration.
Nevada Administrative Code › Chapter 610 - Apprenticeships › ADMINISTRATION › Section 610.461 - Appeal from dismissal of apprentice: Scheduling and notice of hearing; provision of information to Council; receipt of affidavits and depositions; issues limited; failure to appear; decision

Current through June 11, 2024
1. Upon the
			 timely filing of a notice of appeal from a decision of a joint committee
			 concerning the dismissal of an apprentice, the Council will schedule a hearing
			 and notify the parties, by certified mail, of the time and place of the
			 hearing.
2. The parties shall, on
			 forms prescribed by the Council, furnish the Council with all information which
			 is in their possession and relates to the dismissal. The joint committee shall
			 furnish the Council with the record required pursuant to NAC 610.460.
3. The Council may receive affidavits or
			 depositions in evidence.
4. The
			 Council will consider only those issues which were presented to the joint
			 committee.
5. If a party fails to
			 appear at the hearing conducted pursuant to subsection 1, the Council may
			 proceed with the hearing and consider any evidence that it has before
			 it.
6. The Council will issue its
			 decision as soon as practicable after the hearing. The decision must:
(a) Include:
(1) The Council's findings of fact on the
			 matters described in subsections 2, 3 and 4; and
(2) A statement that the parties may appeal
			 the decision to the Labor Commissioner; and
Nevada Administrative Code › Chapter 610 - Apprenticeships › ADMINISTRATION › Section 610.462 - Appeal from dismissal of apprentice: Order of evidence

Current through June 11, 2024
At any hearing on the cancellation of an agreement of
				apprenticeship and the dismissal of an apprentice, the evidence must be
				presented in the following order:
1.
			 The notice of dismissal must be read.
2. The apprentice may present and support any
			 legal objections to the dismissal which were set forth in the notice of
			 appeal.
3. The joint committee or
			 other party cancelling the agreement may respond to the objections of the
			 apprentice.
4. The apprentice may
			 offer an argument in rebuttal.
5.
			 The party cancelling the agreement may present the reasons for the
			 cancellation.
6. The apprentice may
			 respond to the reasons for cancellation.
7. The party cancelling the agreement may
			 offer an argument in rebuttal.
8.
			 The apprentice may present his or her closing argument.
9. The party cancelling the agreement may
			 present his or her closing argument. The matter must then be submitted for
			 decision.
Added to NAC by
				Apprenticeship Council, eff. 10-15-81
NRS 610.090,
				  610.180