Title 23, Labor

In the administration of this chapter, the department shall: 1. Cooperate with the United States department of labor to the fullest extent consistent with the provisions of this chapter; 2. Take such action as may be necessary to secure to this state and its citizens all advantag…

A. There shall be established and maintained by the department free public employment offices in such number and in such places as may be necessary for the proper administration of this chapter and for the purpose of performing such duties as are within the purview of the act of …

A. The department may acquire for and in the name of the state by lease purchase agreement, or otherwise, lands or buildings for the purpose of providing office space for units of the department performing functions provided by this chapter at such places as the department finds …

The commission shall print for distribution to the public the text of this chapter, its regulations and general rules, its annual reports to the governor and other material it deems relevant and suitable and shall furnish them to any person upon application therefor.

Records and necessary authentication thereof required in the prosecution of a criminal action brought by another state or foreign government for misrepresentation to obtain benefits under the law of this state, or for collecting amounts that the claimant is liable to repay under …

A. In a civil action to enforce the provisions of this chapter, the commission and the state may be represented by any qualified attorney who is a regular salaried employee of the commission and is designated by it for this purpose or, at the commission's request, by the attorney…

Any person who knowingly violates any provision of this chapter, or any rule or regulation thereunder, the violation of which is made unlawful or the observance of which is required under the terms of this chapter, and for which a penalty is neither prescribed in this chapter nor…

A. The department shall establish one or more impartial appeal tribunals to hear and decide disputed claims. Such appeal tribunals shall consist in each case of one member who shall be a salaried examiner selected on a nonpartisan merit basis. A person shall not participate on be…

A. Within the department, an appeals board is established consisting of three members. The director shall appoint the members of the appeals board and shall designate one member to serve as chairman. B. Hearings conducted by or at the direction of the appeals board shall be condu…

Any finding of fact or law, judgment, conclusion or final order made by a hearing officer, an administrative law judge or any person with the authority to make findings of fact or law in any action or proceeding before the department or the appeals board pursuant to this chapter …

A. In any case in which the payment or denial of benefits will be determined by section 23-777, the deputy shall proceed as provided in section 23-773. His examination of the case may be by investigation or by affording the parties reasonable opportunity for a fair hearing. B. Th…

A. All interested parties to a hearing before the appeal tribunal or the appeals board shall be given reasonable notice of the hearing and afforded an opportunity for hearing. The notice shall state the time, place and issues involved but if by reason of the nature of the proceed…

In the discharge of the duties imposed by this chapter, the appeal tribunal, appeals board or any duly authorized representative of the department may administer oaths and affirmations, take depositions, certify to official acts and issue subpoenas to compel the attendance of wit…

Any person who without just cause knowingly fails or refuses to attend and testify or to answer any lawful inquiry or to produce books, papers, correspondence, memoranda and other records, if it is in his power so to do, in obedience to a subpoena of the commission is guilty of a…

In case of contumacy or refusal of a person to obey a subpoena issued under this chapter, any court of this state within the jurisdiction of which the inquiry is carried on or within the jurisdiction of which the person guilty of contumacy or refusal to obey is found, resides or …

Witnesses subpoenaed pursuant to this chapter shall be allowed fees, not less than those paid in the superior court, at a rate fixed by the department, except that an employing unit or a representative or agent of an employing unit subpoenaed to testify or produce books and recor…

Notwithstanding section 41-1002, subsection B and section 41-1061, all notices of hearing required by this chapter shall be given at least ten working days prior to the date set for the hearing, except that any interested party may waive his right to notice.

A. The scheduled hearing date may be advanced or postponed if the parties agree or on a showing of good cause. B. Good cause exists if the request is reasonable or the circumstance causing the request is beyond the control of the requesting party and failure to grant the postpone…

Notwithstanding section 41-1002, subsection B and section 41-1063, the appeal tribunal or appeals board, as an alternative to any other means of service permitted or required by any law, may serve or deliver any notice, decision or order or any other document by electronic means …

A. No individual claiming benefits shall be charged fees of any kind in a proceeding under this chapter by the department or its representatives or by a court or officer thereof. B. An individual claiming benefits or an employer in a proceeding before the department or a court ma…

A. There shall be a special fund known as the unemployment compensation fund which shall be kept separate and apart from all other public monies or funds of this state, and shall be administered by the commission exclusively for the purposes of this chapter. B. The unemployment c…

The state treasurer shall be ex officio the treasurer and custodian of the unemployment compensation fund. He shall administer the fund in accordance with the provisions of this chapter and the direction of the commission, and shall pay all warrants drawn thereon in accordance wi…

A. Within the unemployment compensation fund, there are three separate accounts known as a clearing account, an unemployment trust fund account and a benefit account. All monies payable to the unemployment compensation fund, upon receipt thereof by the department or its agent, sh…

A. Monies requisitioned from this state's account in the unemployment trust fund shall be used exclusively for the payment of benefits and for refunds pursuant to this chapter in accordance with authorized regulations except that monies credited to this state's account in the une…

A. A special fund known as the special administration fund is established. B. No expenditure or transfer may be made from the special administration fund unless the expenditure or transfer is authorized by legislative appropriation and approved by the director of the department o…

A. The department may use all or any part of the monies in the special administration fund: 1. To acquire suitable office space for the units of the department performing functions provided by this chapter by purchase, lease, contract or in any other manner, including the right t…

A. A special fund known as the employment security administration fund is established. B. All monies deposited or paid into the employment security administration fund are appropriated and made available to the commission. All monies in the fund except monies withdrawn from the u…

A. This state recognizes its obligation to replace, and pledges its faith that funds will be provided in the future and applied to the replacement of, any monies received from the United States department of labor under title III of the social security act, any monies granted to …

A special "employment service account" shall be maintained as a part of the employment security administration fund for the purpose of maintaining the public employment offices established pursuant to section 23-648, and for the purpose of cooperating with the United States emplo…

Each employing unit shall keep true and accurate work records for such periods of time and containing such information as the commission prescribes. Such records shall be open to inspection and may be copied by the commission or its authorized representatives at any reasonable ti…

A. The department, the appeals board or an appeal tribunal may require from an employing unit sworn or unsworn reports with respect to persons employed by it which it deems necessary for the effective administration of this chapter. Information thus obtained shall not be publishe…

A. Subject to the requirements of subsection E, the department of economic security shall implement a program to require all employers doing business in this state to report the following to the department of economic security: 1. The hiring of any employee who resides or works i…

A. After an employee is hired, is rehired or returns from an unpaid leave of absence, the employer shall request that the employee disclose whether the employee is subject to a wage assignment order to provide child support. B. The employer shall not discriminate against, refuse …

A. The department shall enter into a memorandum of understanding with the office of economic opportunity to establish workforce data stewardship pursuant to section 41-5403 to support the evaluation of workforce and education programs and the development of labor market informati…

A. The department or the office of economic opportunity may disclose unemployment insurance information to the following entities: 1. Any federal, state or local governmental agency in the investigation of fraud relating to public programs or the misuse of public monies. 2. Divis…

A. An employing unit which fails to file on or before the due date prescribed by department regulation a quarterly contribution and wage report required by the department in the administration of this chapter, shall pay to the department for each such delinquent report, subject t…

A. If the department makes a determination, which determination shall be made either on the motion of the department or on application of an employing unit, that an employing unit constitutes an employer as defined in section 23-613 or that services performed for or in connection…

A. Except as provided in subsections D and E of this section, an employing unit that is or becomes an employer subject to the provisions of this chapter within any calendar year shall be deemed an employer during the whole of the calendar year. B. Except as otherwise provided in …

A. Contributions shall accrue and become payable by each employer for each calendar year in which the employer is subject to this chapter with respect to wages for employment. The contributions shall become due and be paid by each employer to the commission for the fund in accord…

A. The commission shall maintain a separate account for each employer and shall credit the account with all contributions and payments in lieu of contributions paid by the employer and shall charge the account with all benefits chargeable to it. B. Nothing in this chapter shall b…

The standard rate of contributions payable by each employer for calendar year 1985 and each year thereafter shall be five and four-tenths per cent of the wages paid by the employer during each calendar year.

If an employer's account has been chargeable with benefits throughout the twelve consecutive calendar month period ending on June 30 of the preceding calendar year, the employer shall have a rate computed in accordance with section 23-730. If the employer's account has not been c…

For calendar year 1985 and each calendar year thereafter, variations from the standard rate of contribution shall be determined in accordance with the following requirements: 1. If the total of all an employer's contributions, paid on or before July 31 of the preceding calendar y…

The commission, for each calendar year, shall classify employers in accordance with their actual experience in the payment of contributions and with respect to benefits charged against their accounts, with a view to fixing such contribution rates as will reflect the benefit exper…

A. The department shall promptly notify each employer of the employer's rate of contributions as determined for any calendar year. The determination shall become conclusive and binding on the employer unless, within fifteen days after the mailing of notice of the determination to…

A. When any employing unit in any manner succeeds to or acquires the organization, trade or business, or substantially all of the assets thereof, excepting any assets retained by such employer incident to the liquidation of his obligations, whether or not such acquiring employing…