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Monday, July 28, 2025

Temporary staffing agencies expected to appeal district court ruling on 2021 labor law - Nevada Current

An already prolonged legal battle over a Nevada law clarifying the use of temporary employees on construction sites is probably not over.

Nevada State Contractors Board attorney Louis Ling told board members last week that American Staffing Association, which challenged a labor law passed by the Nevada State Legislature in 2021, indicated to the court and directly to him that the organization plans on appealing an order issued by District Court Judge Lynne Jones on July 2.

AB227, the bill at the center of the battle, attempts to clarify 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.

Jones’s final written order was issued earlier this month after three years of inaction, which prompted the Building and Construction Trades Council of Northern Nevada to successfully petition the state Supreme Court to require the issuance of a final order.

The district court order lifted a temporary restraining order that for four years stopped the state from enforcing the law.

American Staffing Association’s notice of appeal is due Aug. 1, Louis told board members.

Louis added that the association’s counsel told him he wants a stay of the district court order upholding the law — “in other words, get what he already...



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