Publication
Nevada To Implement New Solar Workforce Requirements
By Swen Prior, Theresa C. Trenholm, and Aleem A. Dhalla
Changes are coming soon to Nevada’s solar workforce. This could have a seismic impact on Nevada solar companies, as Nevada leads the nation in solar industry jobs on a per capita basis.1
Under current law, independent contractors may sell solar panels in Nevada, regardless of whether they possess a contractor’s license. However, under SB 293, scheduled to go into effect January 1, 2024, any independent contractors selling solar panels must hold a license issued by the State Contractor’s Board. If independent contractors do not hold this license, they must be hired as W-2 employees of a person who holds a license. This means that any independent contractor selling solar panels (i.e., a person providing a bid for or executing a contract to perform the work) without the required license cannot continue to be an independent contractor and must be hired as an employee on or before January 1, 2024.
Potential penalties for violations of the new law include disciplinary action by the State Contractor’s Board, deceptive trade practice violations, administrative fines, criminal charges, and various monetary damages. Many factors, including the misclassification of workers as independent contractors, can quickly escalate legal issues, and penalties can become quite substantial.
Now is the time for solar employers to examine their workforce for compliance and evaluate whether solar salespersons need to be converted to W-2 employees.
About Snell & Wilmer
Founded in 1938, Snell & Wilmer is a full-service business law firm with more than 500 attorneys practicing in 16 locations throughout the United States and in Mexico, including Los Angeles, Orange County and San Diego, California; Phoenix and Tucson, Arizona; Denver, Colorado; Washington, D.C.; Boise, Idaho; Las Vegas and Reno, Nevada; Albuquerque, New Mexico; Portland, Oregon; Dallas, Texas; Salt Lake City, Utah; Seattle, Washington; and Los Cabos, Mexico. The firm represents clients ranging from large, publicly traded corporations to small businesses, individuals and entrepreneurs. For more information, visit swlaw.com.