A temporary restraining order that rendered a 2021 construction labor law unenforceable was lifted last week, following an order from the Nevada Supreme Court forcing a district court judge to take action on a bill that seemed to be suspended in legal limbo for several years.
In May, the Building and Construction Trades Council of Northern Nevada successfully petitioned the Nevada Supreme Court to compel District Court Judge Lynne Jones to make a decision on a case involving Assembly Bill 227 from the 2021 Legislative Session.
The bill was designed to curb the use of under-the-table workers, gig workers, and other temporary labor on construction sites, which many argue are a pervasive problem in the industry. The bill clarified in statute that any work requiring a contractor’s license must be performed by a licensed contractor or by an employee of a licensed contractor. It removed ambiguous phrasing that had left a gray area for the use of temporary employees paid through IRS 1099-forms and “leased employees” provided by private employment agencies.
After the bill passed and was signed into law by then-Gov. Steve Sisolak, a group of private employment agencies sued. Jones issued a temporary restraining order preventing enforcement of the law in October 2021, just days after it went into effect. According to court documents, the following year, in May 2022, Jones indicated to the plaintiff and defendants that a written order regarding injunction was imminent.
But no ruling...
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