Chapter 48 — LABOR
917 sections in this chapter.
Neb. Rev. Stat. § 48-1 Attorney General; represent state; duties; powers.
Neb. Rev. Stat. § 48-1001 Act, how cited; discrimination in employment because of age; policy; declaration of purpose.
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(1) Sections 48-1001 to 48-1010 shall be known and may be cited as the Age Discrimination in Employment Act. (2)(a) The Legislature hereby finds that the practice of discriminating in employment against properly qualified persons because of their age is contrary to American princ…
Neb. Rev. Stat. § 48-1002 Terms, defined.
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For purposes of the Age Discrimination in Employment Act: (1) Person includes one or more individuals, partnerships, limited liability companies, associations, labor organizations, corporations, business trusts, legal representatives, or any organized group of persons; (2) Employ…
Neb. Rev. Stat. § 48-1003 Limitation on prohibitions; practices not prevented or precluded.
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(1) The prohibitions of the Age Discrimination in Employment Act shall be limited to the employment of individuals who are forty years or more of age. (2) Nothing contained in the act shall be construed as making it unlawful for an employer, employment agency, or labor organizati…
Neb. Rev. Stat. § 48-1004 Unlawful employment practices; enumerated.
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(1) It shall be an unlawful employment practice for an employer: (a) To refuse to hire, to discharge, or otherwise to discriminate against any individual with respect to the employee's terms, conditions, or privileges of employment, otherwise lawful, because of such individual's …
Neb. Rev. Stat. § 48-1005 Violations; penalty.
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Any person who violates any provision of the Age Discrimination in Employment Act or who forcibly resists, opposes, impedes, intimidates, or interferes with the Equal Opportunity Commission or any of its duly authorized representatives while engaged in its, his, or her duties und…
Repealed. Laws 2007, LB 265, § 40.
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[Repealed or reserved.]
Neb. Rev. Stat. § 48-1007 Equal Opportunity Commission; enforcement; powers.
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The Age Discrimination in Employment Act shall be administered by the Equal Opportunity Commission as established by section 48-1116. The commission shall have the power (1) to make delegations, to appoint such agents and employees and to pay for technical assistance, including l…
Neb. Rev. Stat. § 48-1008 Alleged violation; aggrieved person; complaint; investigation; civil action, when; filing, effect; written change; limitation on action; respondent; file written response; commission; powers.
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(1) Any person aggrieved by a suspected violation of the Age Discrimination in Employment Act shall file with the Equal Opportunity Commission a formal complaint in such manner and form prescribed by the commission. The commission shall make an investigation and may initiate an a…
Neb. Rev. Stat. § 48-1009 Court; jurisdiction; relief.
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In any action brought to enforce the Age Discrimination in Employment Act, the court shall have jurisdiction to grant such legal or equitable relief as the court deems appropriate to effectuate the purposes of the act, including judgments compelling employment, reinstatement, or …
Neb. Rev. Stat. § 48-101 Personal injury; employer's liability; compensation, when.
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When personal injury is caused to an employee by accident or occupational disease, arising out of and in the course of his or her employment, such employee shall receive compensation therefor from his or her employer if the employee was not willfully negligent at the time of rece…
Neb. Rev. Stat. § 48-101.01 Mental injuries and mental illness; first responder; frontline state employee; county correctional officer; legislative findings; evidentiary burden; compensation; when; first responder; resilience training; department; duties.
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(1) The Legislature finds and declares: (a) The occupations of first responders are recognized as stressful occupations. Only our nation's combat soldiers endure more stress. Similar to military personnel, first responders face unique and uniquely dangerous risks in their sworn m…
Neb. Rev. Stat. § 48-1010 Suits against governmental bodies; authorized.
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The state, governmental agencies, and political subdivisions may be sued upon claims arising under the Age Discrimination in Employment Act in the same manner as provided by such act for suits against other employers.
Neb. Rev. Stat. § 48-102 Employer's liability; negligence; action; defenses denied.
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In all cases brought under sections 48-101 to 48-108, it shall not be a defense (a) that the employee was negligent, unless it shall also appear that such negligence was willful, or that the employee was in a state of intoxication; (b) that the injury was caused by the negligence…
Neb. Rev. Stat. § 48-103 Employer's liability; defenses; when not available.
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If an employer, as defined in section 48-106, does not carry a policy of workers' compensation insurance nor qualify as a self-insurer or, in the case of an employer who is a lessor of one or more commercial motor vehicles leased to a self-insured motor carrier, is not a party to…
Repealed. Laws 1971, LB 572, § 33.
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[Repealed or reserved.]
Neb. Rev. Stat. § 48-105 Preceding sections; application.
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The provisions of sections 48-101 to 48-103 shall apply to any claim for the death of an employee arising under sections 30-809 and 30-810 concerning death by wrongful act.
Neb. Rev. Stat. § 48-106 Employer; coverage of act; excepted occupations; election to provide compensation.
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(1) The Nebraska Workers' Compensation Act shall apply to the State of Nebraska, to every governmental agency created by the state, and, except as provided in this section, to every resident employer in this state and nonresident employer performing work in this state who employs…
Neb. Rev. Stat. § 48-107 Employer's liability; employee's willful negligence; burden of proof.
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In all actions at law brought pursuant to sections 48-101 to 48-108 the burden of proof to establish willful negligence of the injured employee shall be on the defendant.
Neb. Rev. Stat. § 48-108 Employer's liability; claim for legal services or disbursements; lien; how established; payment.
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No claim or agreement for legal services or disbursements in support of any demand made or suit brought under the Nebraska Workers' Compensation Act shall be an enforceable lien against the amounts to be paid as damages or compensation or be valid or binding in any other respect,…
Neb. Rev. Stat. § 48-109 Elective compensation; schedule; duty.
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If both employer and employee become subject to the Nebraska Workers' Compensation Act, both shall be bound by the schedule of compensation provided in such act, which compensation shall be paid in every case of injury or death caused by accident or occupational disease arising o…
Neb. Rev. Stat. § 48-110 Elective compensation; liability; scope.
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When employer and employee shall by agreement, express or implied, or otherwise as provided in section 48-112 accept the provisions of the Nebraska Workers' Compensation Act, compensation shall be made for personal injuries to or for the death of such employee by accident arising…
Neb. Rev. Stat. § 48-1101 Act, how cited.
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Sections 48-1101 to 48-1127 shall be known and may be cited as the Nebraska Fair Employment Practice Act.
Neb. Rev. Stat. § 48-1101.01 Purpose.
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(1) It is the policy of this state to foster the employment of all employable persons in the state on the basis of merit regardless of their race, color, religion, sex, disability, national origin, or military or veteran status and to safeguard their right to obtain and hold empl…
Neb. Rev. Stat. § 48-1102 Terms, defined.
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For purposes of the Nebraska Fair Employment Practice Act, unless the context otherwise requires: (1) Person shall include one or more individuals, labor unions, partnerships, limited liability companies, associations, corporations, legal representatives, mutual companies, joint-…
Neb. Rev. Stat. § 48-1103 Exceptions to act.
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The Nebraska Fair Employment Practice Act shall not apply to: (1) A religious corporation, association, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, or society of…
Neb. Rev. Stat. § 48-1104 Unlawful employment practice for an employer.
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It shall be an unlawful employment practice for an employer: (1) To fail or refuse to hire, to discharge, or to harass any individual, or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, because of such…
Neb. Rev. Stat. § 48-1105 Unlawful employment practice for employment agency.
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It shall be an unlawful employment practice for an employment agency to: (1) Fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of race, color, religion, sex, disability, marital status, national origin, or military or veteran sta…
Neb. Rev. Stat. § 48-1106 Unlawful employment practice for labor organization.
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It shall be an unlawful employment practice for a labor organization: (1) To exclude or to expel from its membership, or otherwise to discriminate against, any individual because of race, color, religion, sex, disability, marital status, national origin, or military or veteran st…
Neb. Rev. Stat. § 48-1107 Unlawful employment practice controlling apprenticeship or training programs.
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It shall be an unlawful employment practice for any employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to discriminate against any individual because of race, color,…
Neb. Rev. Stat. § 48-1107.01 Unlawful employment practice for covered entity.
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It shall be an unlawful employment practice for a covered entity to: (1) Discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employe…
Neb. Rev. Stat. § 48-1107.02 Qualified individual with a disability; individual who is pregnant, who has given birth, or who has a related medical condition; discrimination, defined.
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(1) When referring to a qualified individual with a disability, discrimination shall include: (a) Limiting, segregating, or classifying a job applicant or employee in a way that adversely affects the opportunities or status of the applicant or employee because of the disability o…
Neb. Rev. Stat. § 48-1108 Lawful employment practices.
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Notwithstanding any other provision of the Nebraska Fair Employment Practice Act: (1) It shall not be an unlawful employment practice for an employer to hire and employ employees, for an employment agency to classify or refer for employment any individual, for a labor organizatio…
Neb. Rev. Stat. § 48-1108.01 Lawful employment practices for covered entity.
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It shall not be an unlawful employment practice for a covered entity to: (1) Prohibit the illegal use of drugs and the use of alcohol at the workplace by all employees; (2) Require that employees not be under the influence of alcohol or be engaging in the illegal use of drugs at …
Repealed. Laws 2015, LB 627, § 7.
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[Repealed or reserved.]
Neb. Rev. Stat. § 48-111 Elective compensation; election; effect; exemption from liability; exception.
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Such agreement or the election provided for in section 48-112 shall be a surrender by the parties thereto of their rights to any other method, form, or amount of compensation or determination thereof than as provided in the Nebraska Workers' Compensation Act, and an acceptance of…
Neb. Rev. Stat. § 48-1110 National security employment; exception.
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Notwithstanding any other provision of the Nebraska Fair Employment Practice Act, it shall not be an unlawful employment practice for an employer to fail or refuse to hire and employ any individual for any position, for an employer to discharge any individual from any position, f…
Neb. Rev. Stat. § 48-1111 Different standards of compensation, conditions, or privileges of employment; lawful employment practices; effect of pregnancy and related medical conditions.
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(1) Except as otherwise provided in the Nebraska Fair Employment Practice Act, it shall not be an unlawful employment practice for an employer to apply different standards of compensation, or different terms, conditions, or privileges of employment pursuant to a bona fide seniori…
Neb. Rev. Stat. § 48-1112 Indians; preferential treatment.
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Nothing in the Nebraska Fair Employment Practice Act shall apply to any business or enterprise on or near an Indian reservation with respect to any publicly announced employment practice of such business or enterprise under which a preferential treatment is given to any individua…
Neb. Rev. Stat. § 48-1113 Preferential treatment; when not required.
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Nothing in the Nebraska Fair Employment Practice Act shall be interpreted to require any employer, employment agency, labor organization, or joint labor-management committee subject to the act to grant preferential treatment to any individual or to any group because of the race, …
Neb. Rev. Stat. § 48-1114 Opposition to unlawful practice; participation in investigation; communication regarding employee wages, benefits, or other compensation; discrimination prohibited.
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(1) It shall be an unlawful employment practice for an employer to discriminate against any of his or her employees or applicants for employment, for an employment agency to discriminate against any individual, or for a labor organization to discriminate against any member thereo…
Neb. Rev. Stat. § 48-1115 Notice of employment; preference or discrimination; race, color, religion, sex, disability, marital status, national origin, military or veteran status; unlawful; exception.
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Except as provided in section 48-1127 and except for the veterans preference provided for in sections 48-225 to 48-231 or section 48-238, it shall be an unlawful employment practice for an employer, labor organization, or employment agency to print or publish or cause to be print…
Neb. Rev. Stat. § 48-1116 Equal Opportunity Commission; members; appointment; term; quorum; compensation; executive director; representation.
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There is hereby established an Equal Opportunity Commission to consist of seven members to be appointed by the Governor. Terms of members shall be three years. As the terms of the members expire, the Governor shall appoint or reappoint the members of the commission for terms of t…
Neb. Rev. Stat. § 48-1117 Commission; powers; duties; enumerated.
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The commission shall have the following powers and duties: (1) To receive, investigate, and pass upon charges of unlawful employment practices anywhere in the state; (2) To hold hearings, subpoena witnesses, compel their attendance, administer oaths, and take the testimony of any…
Neb. Rev. Stat. § 48-1118 Unlawful practice; charge; time for filing; prescreening procedure and determination; investigation; confidential informal actions; procedure; violation; penalty; interrogatories.
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(1) Whenever it is charged in writing under oath or affirmation by or on behalf of a person or persons claiming to be aggrieved and such charge sets forth the facts upon which it is based that an employer, employment agency, or labor organization has engaged in an unlawful employ…
Neb. Rev. Stat. § 48-1119 Unlawful practice; complaint; notice; hearing; witnesses; evidence; findings; civil action authorized; order.
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(1) In case of failure to eliminate any unlawful employment practice by informal methods of conference, conciliation, persuasion, mediation, or arbitration, the commission may order a public hearing. If such hearing is ordered, the commission shall cause to be issued and served a…
Neb. Rev. Stat. § 48-112 Elective compensation; presumption.
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In the occupations described in section 48-106, all contracts of employment shall be presumed to have been made with reference and subject to the Nebraska Workers' Compensation Act. Every such employer and every employee is presumed to accept and come under such sections.
Neb. Rev. Stat. § 48-1120 Appeal; procedure; attorney's fees; failure to appeal; effect.
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(1) Any party to a proceeding before the commission aggrieved by such decision and order and directly affected thereby may appeal the decision and order, and the appeal shall be in accordance with the Administrative Procedure Act. (2) In any action or proceeding under the Nebrask…
Neb. Rev. Stat. § 48-1120.01 Action in district court; deadline; notice by commission.
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The deadline for filing an action directly in the district court is ninety days after the complainant receives notice of the last action the commission will take on the complaint or charge. When entering the last action on the complaint or charge, the commission shall issue writt…
Neb. Rev. Stat. § 48-1121 Posting excerpts of law.
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Every employer, employment agency, and labor organization subject to the Nebraska Fair Employment Practice Act shall post in a conspicuous place or places on his, her, or its premises a notice to be prepared or approved by the commission which shall set forth excerpts of the act …