Truck drivers exempt from Apprenticeship Utilization Act reporting

STATE OF NEVADA
JOE LOMBARDO DR. KRISTOPHER SANCHEZ
Governor Director

                                                                                                                   BRETT K. HARRIS. ESQ.
                                                                                                                     Labor Commissioner




                                DEPARTMENT OF BUSINESS AND INDUSTRY
                          OFFICE OF THE LABOR COMMISSIONER
                                                       MARCH 10, 2025

      ADVISORY OPINION – NEVADA ADMINISTATIVE CODE § 607.650
   SENATE BILL 82 APPRENTICESHIP UTILIZATION ACT – TRUCK DRIVERS

Pursuant to Nevada Administrative Code (NAC) Section 607.650, the Labor Commissioner is issuing
the following Advisory Opinion regarding Senate Bill (SB) 82. The Labor Commissioner has received
multiple inquiries from trucking industry members who work on Public Works regarding whether Senate
Bill 82 Apprenticeship Utilization Act (AUA) reporting requirements apply to the Truck Driver Job
Classification. This Advisory Opinion is intended to provide guidance on these inquiries.

Pursuant to NRS 338.015, the Labor Commissioner is tasked with enforcing the provisions of NRS
338.010 to NRS 338.130, inclusive. NRS 338.01165(10) requires a contractor or subcontractor engaged
in vertical or horizontal construction who employes a worker on one or more public works pursuant to
NRS 338.040 to report to the Labor Commissioner specific information regarding total hours worked
and apprentice hours worked on vertical and horizontal construction for the prior calendar year on or
before February 15 of each year. This reporting requirement was introduced by Senate Bill 82 from the
2023 Session of the Nevada Legislature, which went into effect on January 1, 2024.

In Advisory Opinion AO-2020-01, the Labor Commissioner clarified that there would be no Requests
for Waiver required under the AUA for the Truck Driver Job Classification because there were no
Registered Apprenticeship Programs for Truck Drivers in the State of Nevada. Based on the exemption
defined in AO-2020-01, and for the sake of administrative efficiency, the Labor Commissioner
interprets the Truck Driver Classification to also be exempt from such reporting requirements
pursuant to NRS 338.01165(10). This exemption will prevail so long as there are no Registered
Apprenticeship Programs for Truck Drivers in the State of Nevada. Please be advised that the Labor
Commissioner may revisit this issue as needed through an additional Advisory Opinion or through the
Administrative Rulemaking process.

Sincerely,

Brett K. Harris, Esq.
Labor Commissioner

         Carson City: 1818 E. College Parkway, Suite 102, Carson City, Nevada 89706 - Telephone (775) 684-1890 - Fax (775) 687-6409
               Las Vegas: 3340 W. Sahara Avenue, Las Vegas, Nevada 89102 - Telephone (702) 486-2650 - Fax (702) 486-2660
                                            www.labor.nv.gov      [email protected]