reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 610 - Apprenticeships › ADMINISTRATION › Section 610.463 - Appeal from dismissal of apprentice: Continuances; referral of matter to Nevada Equal Rights Commission

Current through June 11, 2024
1. A continuance of
			 a hearing on the cancellation of an agreement of apprenticeship and the
			 dismissal of an apprentice will not be granted by the Council and may not be
			 granted by a joint committee except for good cause shown.
2. If an apprentice shows good cause at the
			 hearing conducted by the Council pursuant to subsection 1 of NAC 610.461 that
			 he or she was dismissed in violation of the standards set forth in NAC 610.530,
			 the Council may:
(a) Refer the matter to the
			 Nevada Equal Rights Commission; or
(b) Grant a continuance of the hearing until
			 the Nevada Equal Rights Commission disposes of the matter.
Nevada Administrative Code › Chapter 610 - Apprenticeships › ADMINISTRATION › Section 610.464 - Appeal from dismissal of apprentice: Limitation upon voting on decision

Current through June 11, 2024
A member of a body which is conducting a hearing on the
				cancellation of an agreement of apprenticeship and the dismissal of an
				apprentice shall not cast a vote on the matter if he or she did not hear the
				evidence in the case.
Added to NAC by
				Apprenticeship Council, eff. 10-15-81
NRS 610.090,
				  610.140,
				  610.180
Nevada Administrative Code › Chapter 610 - Apprenticeships › ADMINISTRATION › Section 610.465 - Certificates of completion

Current through June 11, 2024
The Council will issue certificates of completion of
				apprenticeship to joint committees for distribution to apprentices who have
				fulfilled the requirements of the agreements for
				apprenticeship.
Apprenticeship Council,
				Art. V §§ 29 & 30, eff. 11-11-39; + Art. VIII § 6, eff.
				5-26-55-NAC A 10-15-81
NRS 610.090,
				  610.144
Nevada Administrative Code › Chapter 610 - Apprenticeships › WAGES AND BENEFITS › Section 610.480 - Beginning apprentice wages; wages for total period of apprenticeship

Current through June 11, 2024
1. Employers shall pay a beginning wage for
			 apprentices which is at least 35 percent of the rate for journeymen in the same
			 trade.
2. Employers shall pay each
			 apprentice amounts which, when averaged, will produce a wage for the total
			 period of apprenticeship which is at least 50 percent of the amount which would
			 have been paid to a journeyman during that period.
[Apprenticeship Council,
				Art. V § 27, eff. 11-11-39]-(Substituted in revision for NAC
				610.440)
NRS 610.090,
				  610.144
Nevada Administrative Code › Chapter 610 - Apprenticeships › WAGES AND BENEFITS › Section 610.485 - Minimum reasonable and profitable wage for apprentice in construction industry

Current through June 11, 2024
The minimum reasonable and profitable wage for an apprentice in
				the construction industry is:
1. On a
			 public work as defined in
			 NRS 338.010, not
			 less than the percentage set forth in the standards approved by the Council of
			 the prevailing wage for a journeyman established by the Labor
			 Commissioner.
2. On a federal
			 public works project, not less than the percentage set forth in the standards
			 approved by the Council of the prevailing wage for a journeyman established by
			 the United States Department of Labor.
3. On a project which is paid for with
			 federal and state money, the higher of the percentages set forth in subsections
			 1 and 2.
4. On a project other than
			 a public work, not less than $11.72 per hour. The wages must be in cash and
			 must not include any benefits.
Added to NAC by
				Apprenticeship Council, eff. 11-14-97; A by R142-01, 12-17-2001; R082-04,
				7-13-2004; R047-08, 8-25-2009
NRS 610.090,
				  610.144
Nevada Administrative Code › Chapter 610 - Apprenticeships › WAGES AND BENEFITS › Section 610.490 - Adjustments to minimum reasonable and profitable wage for apprentice in construction industry on certain projects

Current through June 11, 2024
1. The Council will
			 determine whether to adjust the minimum reasonable and profitable wage for
			 apprentices in the construction industry who work on projects other than public
			 works at the first regularly scheduled meeting after February 1 of each
			 year.
2. The Council will determine
			 the amount of an adjustment to the minimum reasonable and profitable wage for
			 apprentices in the construction industry who work on projects other than public
			 works by multiplying that wage as determined on March 1 of the year immediately
			 preceding the year for which the adjustment is being calculated by one plus the
			 average of the percentage change in the Consumer Price Index for All Urban
			 Consumers: U.S. City Average calculated for:
(a) Los Angeles/Anaheim/Riverside;
			 and
(b) San Francisco/Oakland/San
			 Jose, as compiled by the Bureau of Labor Statistics of the United States
			 Department of Labor, for the month of December of each of the 2 years
			 immediately preceding the year for which the adjustment is being
			 calculated.
Nevada Administrative Code › Chapter 610 - Apprenticeships › WAGES AND BENEFITS › Section 610.495 - Staff of Labor Commissioner: Review of programs of apprenticeship; accounting of benefits

Current through June 11, 2024
The staff of the Labor Commissioner may:
1. Review the compliance of an employer and
			 program of apprenticeship with the standards approved by the Council,
			 including, without limitation, verification of all benefits provided to an
			 apprentice; and
2. Require the
			 employer to guarantee in writing a current accounting of the benefits for
			 apprentices in each program of apprenticeship and submit such a guarantee to
			 the sponsor of the program. At the written request of the Labor Commissioner or
			 the Council, a sponsor, its fiduciary or the fiduciary of the apprentices shall
			 submit a current accounting of the benefits for apprentices in each program of
			 apprenticeship.
Added to NAC by
				Apprenticeship Council, eff. 11-14-97
NRS 610.090,
				  610.120
Nevada Administrative Code › Chapter 610 - Apprenticeships › EQUAL OPPORTUNITY › General Provisions › Section 610.510 - Scope and purpose

Current through June 11, 2024
1. NAC to
				610.510610.990, inclusive, set forth policies and procedures to promote
				equality of opportunity in programs of apprenticeship which are registered with
				the United States Department of Labor and in state programs of apprenticeship
				registered with the Council.
2. The
				policies and procedures apply to:
(a) The
				recruitment and selection of apprentices; and
(b) The conditions of employment and training
				during apprenticeship.
Nevada Administrative Code › Chapter 610 - Apprenticeships › EQUAL OPPORTUNITY › General Provisions › Section 610.520 - Definitions

Current through June 11, 2024
As used in NAC 610.510 to 610.990, inclusive, the words and
				  terms defined in this section have the meanings ascribed to them in this
				  section.
1. "Council" means the State
				Apprenticeship Council.
2.
				"Department" means the United States Department of Labor.
3. "Director" means the Labor Commissioner or
				a representative thereof.
4.
				"Employer" means a person who employs an apprentice, whether or not the
				apprentice is enrolled with that person or another.
5. "Person" means a natural person,
				partnership, association, corporation or other entity, public or
				private.
6. "Plan" means NAC
				610.510 to 610.990, inclusive.
7.
				"Pool" means a list of persons selected by a method provided in NAC 610.810 to
				610.870, inclusive.
8. "Program of
				apprenticeship" means a program which is registered with and meets the
				standards of the Council.
9.
				"Secretary" means the United States Secretary of Labor, the Assistant Secretary
				of Labor for Employment and Training, or any person specifically designated by
				the Secretary or the Assistant Secretary.
10. "Sponsor" means a person who operates a
				program of apprenticeship, whether or not that person is an employer.
Apprenticeship Council,
				  Equal Employment Opportunity, supplied in
				  codification
NRS 610.090,
					 610.144
Nevada Administrative Code › Chapter 610 - Apprenticeships › EQUAL OPPORTUNITY › General Provisions › Section 610.530 - Standards: Nondiscrimination; uniformity

Current through June 11, 2024
Each sponsor shall:
1. Recruit, select, employ and train
				apprentices without discrimination because of race, color, religion, sex,
				sexual orientation, age, disability or national origin.
2. Uniformly apply regulations concerning
				apprentices, including those which govern equality of wages, periodic
				advancement, promotion, assignment of work, the performance of a job, rotation
				among all of the different types of work involved in the trade, imposition of
				penalties or other disciplinary action, and all other administrative aspects of
				the program of apprenticeship.
Apprenticeship Council,
				  Equal Employment Opportunity, § 4 subsec. a, eff. 9-11-76-NAC A by
				  R082-04, 7-13-2004
NRS 610.090,
					 610.144
Nevada Administrative Code › Chapter 610 - Apprenticeships › EQUAL OPPORTUNITY › General Provisions › Section 610.540 - Standards: Pledge of equal opportunity

Current through June 11, 2024
Each sponsor shall include in its standards a pledge of equal
				  opportunity which is worded substantially as follows:
The recruitment, selection, employment and training of
				  apprentices during apprenticeship will be without discrimination because of
				  race, color, religion, sex, sexual orientation, age, disability or national
				  origin. The sponsor will take affirmative action to provide equal opportunity
				  in apprenticeship and will operate the program of apprenticeship as required
				  under Title 29 of the Code of Federal Regulations, Part 30, and all regulations
				  on equal opportunity of employment in the State of Nevada.
Apprenticeship Council,
				  Equal Employment Opportunity, § 4 subsec. b, eff. 9-11-76-NAC A by
				  R082-04, 7-13-2004
NRS 610.090,
					 610.144
Nevada Administrative Code › Chapter 610 - Apprenticeships › EQUAL OPPORTUNITY › General Provisions › Section 610.550 - Requirements for programs registered before effective date

Current through June 11, 2024
1. Each sponsor of a program registered with
				the Council on September 11, 1976, shall take the following action within 90
				days after that date:
(a) Include in the
				standards of its program of apprenticeship the pledge of equal opportunity set
				forth in NAC 610.540;
(b) Adopt the
				plan for affirmative action which is required by NAC 610.510 to 610.990,
				inclusive; and
(c) Adopt a
				procedure for the selection of apprentices which is required by NAC 610.810 to
				610.870, inclusive.
Nevada Administrative Code › Chapter 610 - Apprenticeships › EQUAL OPPORTUNITY › General Provisions › Section 610.560 - Requirements for new programs seeking registration

Current through June 11, 2024
1. A
				sponsor which seeks registration with the Council shall submit copies of its
				proposed standards, its plan for affirmative action, its procedures for the
				selection of apprentices, and any other information which the Council may
				require.
2. The program will be
				registered if the standards, the plan for affirmative action, and the
				procedures for selection meet the requirements of NAC 610.510 to 610.990,
				inclusive.
Apprenticeship Council,
				  Equal Employment Opportunity, § 4 subsec. d, eff.
				  9-11-76
NRS 610.090,
					 610.144
Nevada Administrative Code › Chapter 610 - Apprenticeships › EQUAL OPPORTUNITY › General Provisions › Section 610.570 - Adoption of plans: Exceptions

Current through June 11, 2024
1. A sponsor need
				not adopt a plan for affirmative action under NAC 610.610 to 610.770,
				inclusive, or a selection procedure under NAC 610.810 to 610.860, inclusive, if
				it submits satisfactory evidence to the Council that it complies with a program
				for equal opportunity in employment which includes a program for the selection
				of apprentices and for affirmative action in apprenticeship, including goals
				and timetables for women and minorities, which has been approved as meeting the
				requirements of Title VII of the Civil Rights Act of 1964, as amended, 42
				U.S.C. §§ 2000 e et seq., and its regulations published in chapter 14
				of Title 40 of the Code of Federal Regulations, or Executive Order 11246, as
				amended, 30 F.R. 12319, 32 F.R. 14303 and 34 F.R. 12986, and the regulations
				published in chapter 60 of Title 41 of the Code of Federal
				Regulations.
2. An apprenticeship
				program which is approved, modified or renewed after October 10, 1978,
				qualifies for the exception stated in subsection 1 only if the goals and
				timetables for women and minority persons are equal to or greater than the
				goals required in NAC 610.610 to 610.770, inclusive.
3. A sponsor of a program in which fewer than
				five apprentices are indentured is not required to adopt a plan for affirmative
				action under NAC 610.610 to 610.770, inclusive, or a selection procedure under
				NAC 610.810 to 610.860, inclusive, if the program was not adopted to circumvent
				the requirements of this chapter.
Apprenticeship Council,
				  Equal Employment Opportunity, § 4 subsecs. e & f, eff. 9-11-76, A
				  10-6-78
NRS 610.090,
					 610.144
Nevada Administrative Code › Chapter 610 - Apprenticeships › EQUAL OPPORTUNITY › General Provisions › Section 610.610 - Affirmative action: Adoption of plans

Current through June 11, 2024
Except as provided in NAC 610.570, each sponsor shall adopt a
				  plan for affirmative action in employment.
Apprenticeship Council,
				  Equal Employment Opportunity, § 5 subsec. a, eff.
				  9-11-76
NRS 610.090,
					 610.144
Nevada Administrative Code › Chapter 610 - Apprenticeships › EQUAL OPPORTUNITY › General Provisions › Section 610.615 - "Affirmative action" defined

Current through June 11, 2024
1. "Affirmative
				action" means positive procedures, methods and programs for the identification,
				recruitment, training and motivation of minority persons and women for
				apprentices, including the establishment of goals and timetables. Its purpose
				is to equalize opportunity in apprenticeship to allow full use of the potential
				of women and minority persons to work.
2. The result to be sought in adopting a
				program of affirmative action is equal opportunity in apprenticeship for all
				persons participating in, or seeking entrance into, the labor force.
Apprenticeship Council,
				  Equal Employment Opportunity, § 5 subsec. b, eff. 9-11-76, A
				  10-6-78
NRS 610.090,
					 610.144
Nevada Administrative Code › Chapter 610 - Apprenticeships › EQUAL OPPORTUNITY › Recruiting › Section 610.620 - Recruiting programs

Current through June 11, 2024
1. A plan for
				affirmative action must include adequate provision for positive recruitment
				which might reasonably be expected to increase the participation of minority
				persons and women in a program of apprenticeship.
2. In order to achieve the objectives,
				sponsors shall undertake a significant number of activities such as those
				listed in NAC 610.625 to 610.665, inclusive. No sponsor is required to include
				all of the listed activities in its program for affirmative action.
Apprenticeship Council,
				  Equal Employment Opportunity, § 5 subsec. c, eff. 9-11-76, A
				  10-6-78
NRS 610.090,
					 610.144
Nevada Administrative Code › Chapter 610 - Apprenticeships › EQUAL OPPORTUNITY › Recruiting › Section 610.625 - Dissemination of information

Current through June 11, 2024
1. Recruiting
				programs may include the dissemination of information concerning the nature of
				the apprenticeship, the requirements for admission to apprenticeship, the
				availability of apprenticeships, sources of applications for apprenticeships,
				and the sponsor's policies on equal opportunity.
2. For programs which accept applications
				only at specified intervals, information must be disseminated at least 30 days
				before the earliest date for application at each interval.
3. For programs which customarily receive
				applications throughout the year, information must be regularly disseminated,
				but not less than twice each year. Recruiting information must be given to the
				Council, local schools, employment service offices, women's centers, outreach
				programs and community organizations which can effectively reach minority
				persons and women, and must also be published in newspapers which are
				circulated among women and in communities containing minority persons, as well
				as in the general areas in which the program sponsor operates.
Apprenticeship Council,
				  Equal Employment Opportunity, § 5 subsec. c par. 1, eff. 9-11-76, A
				  10-6-78
NRS 610.090,
					 610.144
Nevada Administrative Code › Chapter 610 - Apprenticeships › EQUAL OPPORTUNITY › Recruiting › Section 610.630 - Workshops

Current through June 11, 2024
Sponsors may participate in workshops conducted by employment
				  service agencies for the purpose of familiarizing school, employment service
				  and other personnel with the system of apprenticeship and the current
				  opportunities in it.
Apprenticeship Council,
				  Equal Employment Opportunity, § 5 subsec. c par. 2, eff.
				  9-11-76
NRS 610.090,
					 610.144
Nevada Administrative Code › Chapter 610 - Apprenticeships › EQUAL OPPORTUNITY › Recruiting › Section 610.635 - Schools

Current through June 11, 2024
Sponsors may cooperate with local school boards and
				  vocational education systems to develop programs for preparing students to
				  qualify for entry into programs of apprenticeship.
Apprenticeship Council,
				  Equal Employment Opportunity, § 5 subsec. c par. 3, eff.
				  9-11-76
NRS 610.090,
					 610.144
Nevada Administrative Code › Chapter 610 - Apprenticeships › EQUAL OPPORTUNITY › Recruiting › Section 610.640 - Internal communications

Current through June 11, 2024
Sponsors may make use of their internal communications
				  to:
1. Foster understanding,
				acceptance and support of the policies of equal opportunity among the officers,
				supervisors, employees and members of the sponsor; and
2. Encourage those persons to take the
				necessary action to aid the sponsor in meeting its obligations under NAC
				610.510 to 610.990, inclusive.
Apprenticeship Council,
				  Equal Employment Opportunity, § 5 subsec. c par. 4, eff.
				  9-11-76
NRS 610.090,
					 610.144
Nevada Administrative Code › Chapter 610 - Apprenticeships › EQUAL OPPORTUNITY › Recruiting › Section 610.645 - Programs for positive recruitment and preparation of potential applicants

Current through June 11, 2024
1. The sponsor may engage in programs for the
				positive recruitment and preparation of potential applicants for
				apprenticeships.
2. Where
				appropriate and feasible, the programs must provide for pretesting experience
				and training.
3. If none of these
				programs are in existence, the sponsor may seek to initiate these
				programs.
4. If this type of
				program exists, the sponsor may obtain any available financial assistance from
				the Department.
5. In initiating
				and conducting these programs, the sponsor may be required to work with other
				sponsors and community organizations.
6. The sponsor shall also initiate programs
				to prepare and encourage women to enter trades which traditionally have been
				occupied exclusively by men.
Apprenticeship Council,
				  Equal Employment Opportunity, § 5 subsec. c par. 5, eff. 9-11-76, A
				  10-6-78
NRS 610.090,
					 610.144
Nevada Administrative Code › Chapter 610 - Apprenticeships › EQUAL OPPORTUNITY › Recruiting › Section 610.650 - Preparatory training

Current through June 11, 2024
1. A sponsor may
				encourage the establishment and use of preapprenticeship training, preparatory
				training for a trade or other programs designed to provide related experience
				at working or to prepare candidates for apprenticeship.
2. A sponsor which uses such programs shall
				provide in its plan for affirmative action that those who complete the programs
				are afforded full and equal opportunity for admission into the program of
				apprenticeship.
Apprenticeship Council,
				  Equal Employment Opportunity, § 5 subsec. c par. 6, eff.
				  9-11-76
NRS 610.090,
					 610.144
Nevada Administrative Code › Chapter 610 - Apprenticeships › EQUAL OPPORTUNITY › Recruiting › Section 610.655 - Journeymen

Current through June 11, 2024
A sponsor may employ journeymen to assist in carrying out the
				  program of affirmative action.
Apprenticeship Council,
				  Equal Employment Opportunity, § 5 subsec. c par. 7, eff.
				  9-11-76
NRS 610.090,
					 610.144
Nevada Administrative Code › Chapter 610 - Apprenticeships › EQUAL OPPORTUNITY › Recruiting › Section 610.660 - Advanced standing

Current through June 11, 2024
If a sponsor grants advanced standing or credit on the basis
				  of previously acquired experience, training, skills or aptitude, the sponsor
				  shall grant it equally to all applicants.
Apprenticeship Council,
				  Equal Employment Opportunity, § 5 subsec. c par. 8, eff.
				  9-11-76
NRS 610.090,
					 610.144
Nevada Administrative Code › Chapter 610 - Apprenticeships › EQUAL OPPORTUNITY › Recruiting › Section 610.665 - Prevention of discrimination

Current through June 11, 2024
1. A sponsor may
				take other appropriate action to ensure that the recruitment, selection,
				employment and training of apprentices during apprenticeship is without
				discrimination based upon race, color, religion, sex, sexual orientation, age,
				disability or national origin.
2.
				The program for affirmative action must set forth the specific steps the
				sponsor intends to take to prevent discrimination. Financial or other
				assistance may be available from the Department to carry out specific
				steps.
Apprenticeship Council,
				  Equal Employment Opportunity, § 5 subsec. c par. 10, eff. 9-11-76, A
				  10-6-78-NAC A by R082-04, 7-13-2004
NRS 610.090,
					 610.144
Nevada Administrative Code › Chapter 610 - Apprenticeships › EQUAL OPPORTUNITY › Goals and Timetables › Section 610.710 - Inclusion in program

Current through June 11, 2024
A sponsor which has adopted a method of selection under NAC
				  610.845 or 610.850 and which determines on the basis of the analysis described
				  in NAC 610.750 that there are not enough women and minority persons in the
				  craft or crafts represented by the program shall include in its plan for
				  affirmative action, employment goals based on percentages and timetables for
				  the admission of women and minority persons into the pool of eligible
				  persons.
Apprenticeship Council,
				  Equal Employment Opportunity, § 5 subsec. d par. 1, eff. 9-11-76, A
				  10-6-78
NRS 610.090,
					 610.144
Nevada Administrative Code › Chapter 610 - Apprenticeships › EQUAL OPPORTUNITY › Goals and Timetables › Section 610.720 - Establishment by sponsor

Current through June 11, 2024
1. The sponsor
				shall establish goals and timetables required by NAC 610.710 based on an
				analysis of the number of women and minority persons it employs compared with
				the number which could reasonably be expected to be employed in the area in
				which the sponsor operates.
2. In
				establishing goals, the sponsor may consider results which could reasonably be
				expected from good faith efforts to provide an effective program of affirmative
				action.
3. Separate goals may be
				established for women and for minority persons, except that separate goals must
				be established for a particular group of persons within the classifications of
				women and minority persons if that group is employed in a substantially
				different manner from other persons within the classification.
4. Before October 6, 1979, the sponsor shall:
(a) Set a goal for women for the first year's
				class which equals at least 50 percent of the number which represents the ratio
				of working women to total women in the local labor market; and
(b) Set a percentage goal for women for each
				class after the first year's class which equals at least the percentage of
				women in the previous year's class.
Nevada Administrative Code › Chapter 610 - Apprenticeships › EQUAL OPPORTUNITY › Goals and Timetables › Section 610.730 - Exceptions

Current through June 11, 2024
1. If the sponsor determines on the basis of
				analysis that there are no deficiencies in the program of affirmative action,
				no goals and timetables need be established.
2. If no goals and timetables are
				established, the affirmative action plan must explain in detail why goals and
				timetables were not established.
Apprenticeship Council,
				  Equal Employment Opportunity, § 5 subsec. d par. 3, eff.
				  9-11-76
NRS 610.090,
					 610.144
Nevada Administrative Code › Chapter 610 - Apprenticeships › EQUAL OPPORTUNITY › Goals and Timetables › Section 610.740 - Establishment by Council

Current through June 11, 2024
1. If a sponsor
				fails to submit goals and timetables as part of its plan of affirmative action,
				or submits goals and timetables which are unacceptable, and if the Council
				determines that the sponsor has deficiencies in the number of women or minority
				persons, the Council will establish goals and timetables applicable to the
				sponsor for the admission of women and minority persons into a pool of eligible
				persons, or some other method of selection of apprentices.
2. The sponsor shall make good faith efforts
				to attain these goals and timetables.
Apprenticeship Council,
				  Equal Employment Opportunity, § 5 subsec. d par. 4, eff. 9-11-76, A
				  10-6-78
NRS 610.090,
					 610.144
Nevada Administrative Code › Chapter 610 - Apprenticeships › EQUAL OPPORTUNITY › Goals and Timetables › Section 610.750 - Analysis of deficiencies

Current through June 11, 2024
1. The sponsor's
				determination of whether goals and timetables are required must be based upon
				an analysis of at least the following factors:
(a) The size of the population of working-age
				women and minority persons in the labor market of the area in which the sponsor
				operates;
(b) The percentage of
				minority persons and females participating as apprentices in the particular
				craft, as compared with the percentage of women and minority persons in the
				labor force in the area in which the sponsor operates;
(c) The percentage of minority persons and
				females participating as journeymen employed by the employer or employers
				participating in the program, as compared with the percentage of minority
				persons and women in the area in which the sponsor operates, and the extent to
				which the sponsor should be expected to correct any deficiencies through the
				achievement of goals and timetables for the selection of apprentices;
				and
(d) The availability of women
				and minority persons with capacity for apprenticeship in the area in which the
				sponsor operates.
Nevada Administrative Code › Chapter 610 - Apprenticeships › EQUAL OPPORTUNITY › Goals and Timetables › Section 610.760 - Attainment

Current through June 11, 2024
1. The Council will find that a sponsor has
				attained the goals within its timetable if it has:
(a) Actually attained the goals within the
				period specified in the timetables; or
(b) Made good faith efforts to meet the
				goals.
Nevada Administrative Code › Chapter 610 - Apprenticeships › EQUAL OPPORTUNITY › Goals and Timetables › Section 610.770 - Availability of data and information to sponsors

Current through June 11, 2024
The Director, or a designee thereof, will make available to
				  sponsors data and information on the population of women and minority persons
				  and the characteristics of the labor force of each Standard Metropolitan
				  Statistical Area, and other special areas he or she finds
				  appropriate.
Apprenticeship Council,
				  Equal Employment Opportunity, § 5 subsec. g, eff. 9-11-76, A
				  10-6-78
NRS 610.090,
					 610.144
Nevada Administrative Code › Chapter 610 - Apprenticeships › EQUAL OPPORTUNITY › Selection of Apprentices › Section 610.810 - Provision for selection

Current through June 11, 2024
In addition to the development of a written plan for
				  affirmative action to ensure the prompt achievement of full and equal
				  opportunity in apprenticeship, each sponsor shall further provide in its
				  program for affirmative action that the selection of apprentices will be made
				  under one of the methods specified in NAC 610.815 to 610.860, inclusive.
Apprenticeship Council,
				  Equal Employment Opportunity, § 6 subsec. a, eff.
				  9-11-76
NRS 610.090,
					 610.144
Nevada Administrative Code › Chapter 610 - Apprenticeships › EQUAL OPPORTUNITY › Selection of Apprentices › Section 610.820 - Requirements for eligibility: Standards for qualification

Current through June 11, 2024
1. The standards for qualification for
				inclusion of an applicant in a pool of eligible persons must:
(a) Be stated in detail, together with the
				procedures for determining the standards;
(b) Provide the specific factors and
				attributes to be considered in evaluating applicants;
(c) State the score required under each
				standard for admission to the pool of eligible persons;
(d) Be directly related to the performance of
				the job, as shown by a significant statistical relationship between the score
				required for admission to the pool and performance in the program of
				apprenticeship;
(e) Be separately
				required, so that the failure of an applicant to attain the specified score
				under one standard disqualifies him or her from admission to the pool;
				and
(f) Conform to the requirements
				set out in this section and NAC 610.825 and 610.830.
Nevada Administrative Code › Chapter 610 - Apprenticeships › EQUAL OPPORTUNITY › Selection of Apprentices › Section 610.825 - Standards for qualification: Aptitude tests

Current through June 11, 2024
1. Any standard
				for qualification for admission to a pool which includes a score on an aptitude
				test must use an aptitude test which is related to the performance of the job,
				as shown by significant statistical relationships as determined by 41 C.F.R.
				Part 60-3.
2. The requirements of
				this section apply to aptitude tests administered by the State Employment
				Service, any private employment agency or any other person who is engaged in
				the selection or evaluation of persons as applicants for jobs.
3. A national aptitude test which is
				developed and administered by a national joint apprenticeship committee will
				not be approved by the Council unless it meets the requirements of this
				section.
Apprenticeship Council,
				  Equal Employment Opportunity, § 6 subsec. b par. 1 subpar. iii, eff.
				  9-11-76, A 10-6-78
NRS 610.090,
					 610.144
Nevada Administrative Code › Chapter 610 - Apprenticeships › EQUAL OPPORTUNITY › Selection of Apprentices › Section 610.830 - Standards for qualification: General requirements for educational achievement

Current through June 11, 2024
1. Any educational achievement required as a
				qualification for admission to a pool must be directly related to the
				performance of the job, as demonstrated by showing a significant statistical
				relationship between the achievement and the performance of the job in the
				apprenticeship program, under the criteria set forth in 41 C.F.R. Part
				60-3.
2. Records of schools or a
				passing grade on a general educational development test which is recognized by
				the State Board of Education or by a local authority controlling public
				instruction is evidence of educational achievement.
3. Educational requirements must apply
				uniformly to all applicants.
Apprenticeship Council,
				  Equal Employment Opportunity, § 6 subsec. b par. 1 subpar. iii, eff.
				  9-11-76, A 10-6-78
NRS 610.090,
					 610.144
Nevada Administrative Code › Chapter 610 - Apprenticeships › EQUAL OPPORTUNITY › Selection of Apprentices › Section 610.833 - Standards for qualification: High school diploma or equivalent; modification or suspension of requirements

Current through June 11, 2024
1. Except as
				otherwise provided in subsection 2, an apprentice must:
(a) Have a high school diploma or its
				equivalent before being accepted into a program; or
(b) Receive a high school diploma or its
				equivalent:
(1) Within 1 year after being
				indentured as an apprentice; or
(2)
				Upon completion of a school to work program or a welfare to work
				program.
Nevada Administrative Code › Chapter 610 - Apprenticeships › EQUAL OPPORTUNITY › Selection of Apprentices › Section 610.835 - Oral interviews

Current through June 11, 2024
1. Oral interviews
				may not be used as a standard for qualification for admission into a
				pool.
2. An applicant who is listed
				in a pool may be required to submit to an oral interview before being selected
				as an apprentice.
3. Oral
				interviews may include questions which are required to determine the fitness of
				applicants to enter a program of apprenticeship, but may not include questions
				which are related to qualifications previously determined in gaining entrance
				into the pool.
4. Each interviewer
				at an oral interview shall record his or her questions, the general nature of
				the answers and a summary of his or her conclusions.
5. Each applicant who is rejected from the
				pool on the basis of an oral interview must be given a written statement of
				rejection containing the reasons for the rejection and a statement of the right
				to appeal the rejection.
Apprenticeship Council,
				  Equal Employment Opportunity, § 6 subsec. b par. 1 subpar. iii, eff.
				  9-11-76, A 10-6-78
NRS 610.090,
					 610.144
Nevada Administrative Code › Chapter 610 - Apprenticeships › EQUAL OPPORTUNITY › Selection of Apprentices › Section 610.840 - Notice to applicants of acceptance or rejection

Current through June 11, 2024
1. The
				sponsor shall notify each applicant who is selected for inclusion in the pool
				that the applicant has been placed in the pool.
2. The sponsor shall notify each applicant
				who is not selected for inclusion in the pool or the program of apprenticeship
				of the applicant's rejection, the reasons for the rejection, the requirements
				for admission into the pool or program, and the right to appeal.
Apprenticeship Council,
				  Equal Employment Opportunity, § 6 subsec. b par. 1 subpar. iv, eff.
				  9-11-76, A 10-6-78
NRS 610.090,
					 610.144
Nevada Administrative Code › Chapter 610 - Apprenticeships › EQUAL OPPORTUNITY › Selection of Apprentices › Section 610.845 - Selection by rank from applicants

Current through June 11, 2024
1. A sponsor may
				select apprentices from a pool created in accordance with the requirements of
				NAC 610.815 to 610.840, inclusive, on the basis of the order of the scores of
				applicants on one or more standard for qualification if there is a significant
				statistical relationship between the order of scores and performance in the
				program of apprenticeship.
2. In
				demonstrating a relationship between the order of scores and performance, the
				sponsor shall follow the procedures set forth in the "Guidelines on Employee
				Selection Procedures" set forth in 41 C.F.R. Part 60-3.
3. The sponsor adopting this method of
				selecting apprentices shall meet the requirements of NAC 610.815 to 610.840,
				inclusive.
Apprenticeship Council,
				  Equal Employment Opportunity, § 6 subsec. b par. 1, eff. 9-11-76, A
				  10-6-78
NRS 610.090,
					 610.144
Nevada Administrative Code › Chapter 610 - Apprenticeships › EQUAL OPPORTUNITY › Selection of Apprentices › Section 610.850 - Random selection from pool of applicants

Current through June 11, 2024
1.
				After obtaining the approval of the Council, a sponsor may select apprentices
				from a pool of eligible applicants on a random basis. An impartial person or
				persons selected by the sponsor and not associated with the administration of
				the program of apprenticeship shall supervise the selection process.
2. The time and place of the selection and
				the number of apprentices to be selected must be announced in advance, and the
				place of the selection must be open to all applicants and the public.
3. The names of apprentices drawn by this
				method must be posted at the sponsor's place of business immediately after the
				selection.
4. A sponsor who adopts
				the random method of selecting apprentices shall meet the requirements of NAC
				610.815 to 610.840, inclusive.
5.
				The sponsor shall, if required by NAC 610.720, 610.730 and 610.740, establish
				percentage goals and timetables for the admission of women and minority persons
				into the pool in accordance with the provisions of NAC 610.710 to 610.760,
				inclusive.
6. The sponsor's
				compliance with its obligations under these regulations will be determined in
				accordance with the provisions of NAC 610.760.
Apprenticeship Council,
				  Equal Employment Opportunity, § 6 subsec. b par. 2, eff. 9-11-76, A
				  10-6-78
NRS 610.090,
					 610.144
Nevada Administrative Code › Chapter 610 - Apprenticeships › EQUAL OPPORTUNITY › Selection of Apprentices › Section 610.855 - Selection from existing employees

Current through June 11, 2024
1. A sponsor may
				select apprentices from a pool of the workers already employed by the sponsor
				in a manner prescribed by any collective bargaining agreement or established
				policy of the sponsor regarding promotion.
2. The sponsor who adopts this method of
				selecting apprentices shall establish goals and timetables for the selection of
				female and minority apprentices, unless the sponsor concludes, in accordance
				with the provisions of NAC 610.710 to 610.760, inclusive, that it does not have
				deficiencies in the numbers of women and minority persons in the crafts
				represented by its program of apprenticeship.
3. The sponsor's compliance with its
				obligations under these regulations will be determined under the provisions of
				NAC 610.760.
Apprenticeship Council,
				  Equal Employment Opportunity, § 6 subsec. b par. 3, eff. 9-11-76, A
				  10-6-78
NRS 610.090,
					 610.144
Nevada Administrative Code › Chapter 610 - Apprenticeships › EQUAL OPPORTUNITY › Selection of Apprentices › Section 610.865 - Existing lists of eligible persons

Current through June 11, 2024
1. If a sponsor
				which has adopted a method of selection under NAC 610.845, 610.850 or 610.860
				determines that there are fewer women or minority persons on its existing lists
				of eligible persons than should reasonably be expected using the analysis
				described in NAC 610.750, it shall discard all existing lists of eligible
				persons upon the adoption of one of the permitted methods of selection. After
				discarding existing lists, the sponsor must establish a new pool of eligible
				persons and a list thereof must be posted at the sponsor's place of
				business.
2. A sponsor shall
				establish a reasonable period of at least 2 weeks for accepting applications
				for admission to a program of apprenticeship.
Apprenticeship Council,
				  Equal Employment Opportunity, part § 7, eff.
				  9-11-76
NRS 610.090,
					 610.144
Nevada Administrative Code › Chapter 610 - Apprenticeships › EQUAL OPPORTUNITY › Selection of Apprentices › Section 610.870 - Retention of lists of eligible persons; removal from list; reasonable period of time to report to work; restoration of applicant to list

Current through June 11, 2024
1. An applicant who has been placed in a pool
				must be retained on the list of eligible persons for at least 2
				years.
2. An applicant may be
				removed from the list before the expiration of the 2-year period at his or her
				request or after his or her failure to respond to a notice of an opportunity
				for apprenticeship sent to the applicant by certified United States mail with
				return receipt requested.
3. An
				applicant who has been accepted for an apprenticeship must be afforded a
				reasonable period of time in light of the customs and practices of the industry
				for reporting to work. Every applicant must be treated equally in determining
				the period of time.
4. The
				applicant shall keep the sponsor informed of his or her current mailing
				address.
5. Upon request, a sponsor
				may restore to the list of eligible persons any applicant who had been removed
				from the list at his or her own request or who failed to respond to a notice of
				an opportunity for apprenticeship.
Apprenticeship Council,
				  Equal Employment Opportunity, part § 7, eff. 9-11-76, A
				  10-6-78
NRS 610.090,
					 610.144
Nevada Administrative Code › Chapter 610 - Apprenticeships › EQUAL OPPORTUNITY › Records › Section 610.910 - Sponsor to maintain adequate records

Current through June 11, 2024
1. Each sponsor
				shall keep adequate records, including:
(a) A
				summary of the qualifications of each applicant.
(b) The basis for evaluation and selection or
				rejection of each applicant.
(c)
				The records pertaining to interviews of applicants.
(d) The original application of each
				applicant.
(e) Information relating
				to the operation of the program of apprenticeship, including any assignment of
				jobs, promotion, demotion, layoff, termination, hours of work, hours of
				training when not at work, rates of pay, other forms of compensation, and
				conditions of employment.
(f) Other
				records required by the Council.
Nevada Administrative Code › Chapter 610 - Apprenticeships › EQUAL OPPORTUNITY › Records › Section 610.915 - Statement and review of plan for affirmative action

Current through June 11, 2024
1. Each
				sponsor shall retain a statement of its plan for affirmative action, including
				all data and analyses.
2. Each
				sponsor shall annually review its affirmative action plan, including goals and
				timetables, and update it where necessary.
Apprenticeship Council,
				  Equal Employment Opportunity, § 8 subsec. b, eff. 9-11-76, A
				  10-6-78
NRS 610.090,
					 610.144
Nevada Administrative Code › Chapter 610 - Apprenticeships › EQUAL OPPORTUNITY › Records › Section 610.920 - Standards of qualification

Current through June 11, 2024
Each sponsor shall maintain evidence that its standards of
				  qualification meet the requirements set forth in NAC 610.820, 610.825 and
				  610.830.
Apprenticeship Council,
				  Equal Employment Opportunity, § 8 subsec. c, eff.
				  9-11-76
NRS 610.090,
					 610.144
Nevada Administrative Code › Chapter 610 - Apprenticeships › EQUAL OPPORTUNITY › Records › Section 610.925 - Maintenance; availability

Current through June 11, 2024
The records required by this plan and any other information
				  relevant in determining compliance with NAC 610.510 to 610.990, inclusive, must
				  be maintained for 5 years and made available upon request to the Council,
				  Department or their authorized representatives.
Apprenticeship Council,
				  Equal Employment Opportunity, § 8 subsec. d, eff.
				  9-11-76
NRS 610.090,
					 610.144
Nevada Administrative Code › Chapter 610 - Apprenticeships › EQUAL OPPORTUNITY › Records › Section 610.930 - Records of State Apprenticeship Council; report to Department

Current through June 11, 2024
1. The Council will keep adequate records
				which include the requirements for registration, the standards of and
				registration records for individual programs, reviews and investigations of
				programs for compliance with the provisions of this chapter, and any other
				records required for a determination of compliance with the plan by the
				Department.
2. The Council will
				report the contents of the records contained in subsection 1 to the Department
				upon request or as the Department requires.
Apprenticeship Council,
				  Equal Employment Opportunity, § 8 subsec. e, eff. 9-11-76, A
				  10-6-78
NRS 610.090
Nevada Administrative Code › Chapter 610 - Apprenticeships › EQUAL OPPORTUNITY › Enforcement › Section 610.935 - Reviews for compliance

Current through June 11, 2024
1. The Council will
				conduct a systematic review of programs of apprenticeship on a regular basis in
				order to determine the extent to which sponsors are complying with NAC 610.550
				to 610.990, inclusive.
2. The
				Council will conduct reviews for compliance if circumstances, including the
				receipt of complaints not referred to a private body for review, warrant a
				review, and will take appropriate action regarding programs which are not in
				compliance with the requirements of this plan.
3. Reviews for compliance will consist of
				comprehensive analysis and evaluation of each aspect of the program of
				apprenticeship, including on-site investigations and audits.
Apprenticeship Council,
				  Equal Employment Opportunity, § 9 subsec. a, eff. 9-11-76, A
				  10-6-78
NRS 610.090,
					 610.180
Nevada Administrative Code › Chapter 610 - Apprenticeships › EQUAL OPPORTUNITY › Enforcement › Section 610.940 - Reviews for compliance upon registration

Current through June 11, 2024
Sponsors seeking new registration or reregistration are
				  subject to the review for compliance described in NAC 610.935.
Apprenticeship Council,
				  Equal Employment Opportunity, § 9 subsecs. b & c, eff.
				  9-11-76
NRS 610.090,
					 610.095
Nevada Administrative Code › Chapter 610 - Apprenticeships › EQUAL OPPORTUNITY › Enforcement › Section 610.945 - Review for compliance: Voluntary compliance

Current through June 11, 2024
1. If a
				review for compliance indicates that a sponsor is not operating in accordance
				with this plan, the Council will notify the sponsor in writing of the results
				of the review and make a reasonable effort to secure the sponsor's voluntary
				compliance within a reasonable time before undertaking the sanctions set forth
				in NAC 610.970.
2. If a sponsor
				seeks new registration, the Council will provide appropriate recommendations to
				the sponsor to enable it to achieve the compliance necessary for
				registration.
Apprenticeship Council,
				  Equal Employment Opportunity, § 9 subsec. d, eff.
				  9-11-76
NRS 610.090,
					 610.095,
					 610.180
Nevada Administrative Code › Chapter 610 - Apprenticeships › EQUAL OPPORTUNITY › Enforcement › Section 610.950 - Compliance with federal and state law or regulations

Current through June 11, 2024
1. A pattern or practice by a sponsor, or by
				one of the parties represented on a joint committee which is a sponsor, which
				does not comply with federal or state laws or regulations requiring equal
				opportunity may be grounds for the imposition of sanctions under NAC 610.970 if
				the failure to comply is related to the equal opportunity for employment of
				apprentices or graduates of a program of apprenticeship.
2. Every sponsor shall take affirmative steps
				to assist and cooperate with employers and unions in fulfilling its obligation
				to provide equal opportunity for employment.
Apprenticeship Council,
				  Equal Employment Opportunity, § 10, eff.
				  9-11-76
NRS 610.090,
					 610.095,
					 610.144