Labor Commissioner's Deletions from Prevailing Wage List is Rulemaking
The Nevada Supreme Court ruled in Labor Comm’r v. Littlefield that the Labor Commissioner’s deletion of soils tester and equipment greaser classifications from the annual prevailing wages list constituted rulemaking. Rulemaking requires compliance with Nevada's Administrative Procedures Act (APA). The Court rejected the Commissioner's claim that such deletions are merely interpretations of existing rules or regulations. The Court noted, "[r]equiring the Commissioner to comply with the APA before adding, deleting, or substantially modifying worker classifications ensures that all affected parties are provided with a chance to challenge the Commissioner’s classifications before those classifications become effective."
