Chapter 48 — LABOR
917 sections in this chapter.
Neb. Rev. Stat. § 48-122.01 Compensation; schedule.
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Compensation under section 48-122 shall be payable in the amount and to the following persons subject to the maximum limits specified in sections 48-122 and 48-122.03: (1) If there is a widow or widower and no children of the deceased, as defined in section 48-124, to such widow …
Neb. Rev. Stat. § 48-122.02 Compensation; cessation of income benefits; income benefits.
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Upon the cessation of income benefits under section 48-122.01 to or on account of any person, the income benefits of the remaining persons entitled to income benefits for the unexpired part of the period during which their income benefits are payable shall be that which such pers…
Neb. Rev. Stat. § 48-122.03 Compensation; maximum weekly income benefits in case of death.
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The maximum weekly income benefits payable for all beneficiaries in case of death shall not exceed seventy-five percent of the average weekly wage of the deceased, subject to the maximum limits in section 48-122. The maximum aggregate limitation shall not operate in case of payme…
Neb. Rev. Stat. § 48-1220 Terms, defined.
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As used in sections 48-1219 to 48-1227.01, unless the context otherwise requires: (1) Employee shall mean any individual employed by an employer, including individuals employed by the state or any of its political subdivisions including public bodies; (2) Employer shall mean any …
Neb. Rev. Stat. § 48-1221 Prohibited acts.
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(1) No employer shall discriminate between employees in the same establishment on the basis of sex, by paying wages to any employee in such establishment at a wage rate less than the rate at which the employer pays any employee of the opposite sex in such establishment for equal …
Neb. Rev. Stat. § 48-1222 Equal Opportunity Commission; powers.
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(1) The commission shall have the power and the duty to carry out the provisions of sections 48-1219 to 48-1227. (2) For this purpose, the commission shall have the power to enter the place of employment of any employer to inspect and copy payrolls and other employment records, t…
Neb. Rev. Stat. § 48-1223 Violation of sections; damages; attorney's fees; agreements, effect; action; order of court.
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(1) Any employer who violates the provisions of section 48-1221 shall be liable to the employee or employees affected in the amount of their unpaid wages, and, in instances of willful violation, in employee suits under subsection (2) of this section up to an additional equal amou…
Neb. Rev. Stat. § 48-1224 Limitation of action.
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Court action under the provisions of sections 48-1219 to 48-1227 may be commenced no later than four years after the cause of action accrues.
Neb. Rev. Stat. § 48-1225 Records; employer keep and maintain; contents.
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Every employer subject to the provisions of sections 48-1219 to 48-1227 shall make, keep, and maintain such records of the wages and wage rates, job classifications, and other terms and conditions of employment of the persons employed by him, and shall preserve such records for s…
Neb. Rev. Stat. § 48-1226 Copy or abstract of sections; post; furnish employers.
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Every person subject to the provisions of sections 48-1219 to 48-1227 shall keep an abstract or copy of sections 48-1219 to 48-1227 posted in a conspicuous place in or about the premises wherein any employee is employed. Employers shall be furnished copies of abstracts of section…
Neb. Rev. Stat. § 48-1227 Violations; penalty.
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(1) Any person who violates any provision of sections 48-1219 to 48-1227, or who discharges or in any other manner discriminates against any employee because such employee has made any complaint to his employer, the commission, or any other person, or has instituted, or caused to…
Neb. Rev. Stat. § 48-1227.01 Suits against governmental bodies; authorized.
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The state, governmental agencies, and political subdivisions may be sued upon claims arising under sections 48-1219 to 48-1227 in the same manner as provided by such sections for suits against other employers.
Neb. Rev. Stat. § 48-1228 Act, how cited.
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Sections 48-1228 to 48-1236 shall be known and may be cited as the Nebraska Wage Payment and Collection Act.
Neb. Rev. Stat. § 48-1229 Terms, defined.
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For purposes of the Nebraska Wage Payment and Collection Act, unless the context otherwise requires: (1) Employee means any individual permitted to work by an employer pursuant to an employment relationship or who has contracted to sell the goods or services of an employer and to…
Neb. Rev. Stat. § 48-123 Compensation; death of employee receiving disability payments; schedule.
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The death of an injured employee prior to the expiration of the period within which he or she would receive such disability payment shall be deemed to end such disability, and all liability for the remainder of such payment which he or she would have received in case he or she ha…
Neb. Rev. Stat. § 48-1230 Employer; regular paydays; altered; notice; deduct, withhold, or divert portion of wages; when; wage statement; use of payroll debit card; conditions; unpaid wages; when due.
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(1) Except as otherwise provided in this section, each employer shall pay all wages due its employees on regular days designated by the employer or agreed upon by the employer and employee. Thirty days' written notice shall be given to an employee before regular paydays are alter…
Neb. Rev. Stat. § 48-1230.01 Employer; unpaid wages constituting commissions; duties.
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Whenever an employer separates an employee from the payroll, the unpaid wages constituting commissions shall become due on the next regular payday following the employer's receipt of payment for the goods or services from the customer from which the commission was generated. The …
Neb. Rev. Stat. § 48-1231 Employee; claim for wages or unlawful retaliation or discrimination; suit; judgment; costs and attorney's fees.
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(1) An employee having a claim for wages which are not paid within thirty days of the regular payday designated or agreed upon may institute suit for such unpaid wages in the proper court. If an employee establishes a claim and secures judgment on the claim, such employee shall b…
Neb. Rev. Stat. § 48-1232 Employee; claim; judgment; additional recovery from employer; when.
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If an employee establishes a claim and secures judgment on such claim under subsection (1) of section 48-1231: (1) An amount equal to the judgment may be recovered from the employer; or (2) if the nonpayment of wages is found to be willful, an amount equal to two times the amount…
Neb. Rev. Stat. § 48-1233 Commissioner of Labor; enforcement powers.
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(1) The Commissioner of Labor shall have the authority to subpoena records and witnesses related to the enforcement of the Nebraska Wage Payment and Collection Act. The commissioner or his or her agent may inspect all related records and gather testimony on any matter relative to…
Neb. Rev. Stat. § 48-1234 Commissioner of Labor; citation; notice of penalty; employer contest; hearing; unpaid citation, effect on government contracts.
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(1) The Commissioner of Labor shall issue a citation to an employer when an investigation reveals that the employer may have violated the Nebraska Wage Payment and Collection Act. (2) When a citation is issued, the commissioner shall notify the employer of the proposed administra…
Neb. Rev. Stat. § 48-1235 Employer; retaliation or discrimination prohibited.
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An employer shall not retaliate or discriminate against an employee because the employee: (1) Files a suit or complaint under the Nebraska Wage Payment and Collection Act; or (2) Testifies, assists, or participates in an investigation, proceeding, or action concerning a violation…
Neb. Rev. Stat. § 48-1236 Department of Labor; post compliance and enforcement information.
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No later than December 1 of each year, the Department of Labor shall post information on its website regarding compliance with and enforcement of the Nebraska Wage Payment and Collection Act and shall provide notice to the Legislature that the information was posted. The informat…
Neb. Rev. Stat. § 48-124 Dependents; terms, defined.
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The following persons shall be conclusively presumed to be dependent for support upon a deceased employee: (1) A wife upon a husband with whom she is living or upon whom she is actually dependent at the time of his injury or death; (2) a husband upon a wife with whom he is living…
Neb. Rev. Stat. § 48-125 Compensation; method of payment; payment by prepaid card; agreement; disclosure of fees or charges; election to rescind agreement; delay; appeal; attorney's fees; interest.
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(1) Except as hereinafter provided, all amounts of compensation payable under the Nebraska Workers' Compensation Act shall be payable periodically in accordance with the methods of payment of wages of the employee at the time of the injury or death or by a method of payment as pr…
Neb. Rev. Stat. § 48-125.01 Compensation; penalties for attempted avoidance of payment.
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Any employer who knowingly transfers, sells, encumbers, assigns, or in any manner disposes of, conceals, secretes, or destroys any property or records belonging to such employer, after one of his or her employees has been injured within the purview of the Nebraska Workers' Compen…
Neb. Rev. Stat. § 48-125.02 State employee claim; Prompt Payment Act applicable; other claims; processing of claim; requirements; failure to pay; effect; presumption of payment.
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(1) Regarding payment of a claim for medical, surgical, or hospital services for a state employee under the Nebraska Workers' Compensation Act, the Prompt Payment Act applies. (2) For claims other than claims under subsection (1) of this section regarding payment of a claim for m…
Neb. Rev. Stat. § 48-126 Wages, defined; calculation.
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Wherever in the Nebraska Workers' Compensation Act the term wages is used, it shall be construed to mean the money rate at which the service rendered is recompensed under the contract of hiring in force at the time of the accident. It shall not include gratuities received from th…
Neb. Rev. Stat. § 48-126.01 Wages or compensation rate; basis of computation.
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(1)(a) In determining the compensation to be paid any member of the military forces of this state, any member of a law enforcement reserve force, or any member of the Nebraska Emergency Management Agency, any city, village, county, or interjurisdictional emergency management orga…
Neb. Rev. Stat. § 48-127 Compensation; willful negligence; intoxication; effect.
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If the employee is injured by reason of his or her intentional willful negligence, or by reason of being in a state of intoxication, neither he or she nor his or her beneficiaries shall receive any compensation under the Nebraska Workers' Compensation Act.
Neb. Rev. Stat. § 48-128 Compensation; injury increasing disability; second injury; additional compensation; claim.
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(1) For injuries occurring before December 1, 1997: (a) If an employee who has a preexisting permanent partial disability whether from compensable injury or otherwise, which is or is likely to be a hindrance or obstacle to his or her obtaining employment or obtaining reemployment…
Neb. Rev. Stat. § 48-129 Compensation; joint employers; liability.
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In case any employee for whose injury or death compensation is payable under the Nebraska Workers' Compensation Act shall, at the time of the injury, be employed and paid jointly by two or more employers, as defined in section 48-114, such employers shall contribute to the paymen…
Neb. Rev. Stat. § 48-130 Compensation; savings; insurance; other benefits; not factors.
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No savings or insurance of the injured employee or any contribution made by him or her to any benefit fund or protective association independent of the Nebraska Workers' Compensation Act shall be taken into consideration in determining the compensation to be paid thereunder; nor …
Neb. Rev. Stat. § 48-1301 Act, how cited.
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Sections 48-1301 to 48-1306 shall be known and may be cited as the Nebraska Registered Apprenticeship Act.
Neb. Rev. Stat. § 48-1302 Terms, defined.
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For purposes of the Nebraska Registered Apprenticeship Act, unless the context otherwise requires: (1) Apprentice means a worker who is at least sixteen years of age and who is employed to learn an apprenticeable occupation under standards of apprenticeship fulfilling the require…
Neb. Rev. Stat. § 48-1303 Nebraska Office of Registered Apprenticeship; established; purposes.
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(1) The Nebraska Office of Registered Apprenticeship is established within the department in accordance with 29 U.S.C. 50 and 29 C.F.R. part 29, as such section and regulations existed on January 1, 2026. The office shall be operated and managed by the commissioner or the commiss…
Neb. Rev. Stat. § 48-1304 Nebraska Office of Registered Apprenticeship; powers and duties.
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(1) The Nebraska Office of Registered Apprenticeship shall develop standards to create a nationally recognized state apprenticeship completion credential in compliance with standards established in 29 C.F.R. 29.5, as such regulation existed on January 1, 2026, for completing a re…
Neb. Rev. Stat. § 48-1305 Nebraska Apprenticeship Council; established; members; duties.
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(1) The Nebraska Apprenticeship Council is established as an advisory council within the department pursuant to 29 C.F.R. 29.13(a)(2), as such regulation existed on January 1, 2026. (2) Members of the council shall be appointed by the Governor for terms of three years. (3)(a) The…
Neb. Rev. Stat. § 48-1306 Act; implementation and enforcement; rules and regulations.
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The department shall be responsible for implementation and enforcement of the Nebraska Registered Apprenticeship Act. The department may adopt and promulgate rules and regulations as necessary to carry out the act.
Neb. Rev. Stat. § 48-131 Compensation; waiver by employee invalid.
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No agreement by an employee to waive his or her rights to compensation under the Nebraska Workers' Compensation Act shall be valid.
Neb. Rev. Stat. § 48-132 Compensation; employees or dependents under disability; rights; enforcement.
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If an injured employee or a dependent is mentally incompetent or is a minor at the time when any right or privilege accrues to him or her under the Nebraska Workers' Compensation Act, his or her guardian or next friend may, in his or her behalf, claim and exercise such right or p…
Neb. Rev. Stat. § 48-133 Compensation; notice of injury; time; service.
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No proceedings for compensation for an injury under the Nebraska Workers' Compensation Act shall be maintained unless a notice of the injury shall have been given to the employer as soon as practicable after the happening thereof; Provided, that all disputed claims for compensati…
Neb. Rev. Stat. § 48-134 Injured employee; physical examination; duty to submit.
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After an employee has given notice of an injury, as provided in section 48-133, and from time to time thereafter during the continuance of his or her disability, he or she shall, if so requested by the employer or the insurance company carrying such risk, submit himself or hersel…
Neb. Rev. Stat. § 48-134.01 Independent medical examiner system; list of physicians; duties; fee schedule; selection of examiner; procedures before examiner; findings; immunity.
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(1) The Nebraska Workers' Compensation Court may develop and implement an independent medical examiner system consistent with the requirements of this section. As part of such system, the compensation court by a majority vote of the judges thereof may create, maintain, and period…
Neb. Rev. Stat. § 48-135 Autopsy; cost; payment.
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Except as provided in section 23-1824, in all death claims, where the cause of death is obscure or disputed, any interested party may require an autopsy, the cost of such autopsy to be borne by the party demanding the same.
Neb. Rev. Stat. § 48-136 Compensation; voluntary settlements.
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The interested parties shall have the right to settle all matters of compensation between themselves with the consent of the workers' compensation insurer, if any, and in accordance with the Nebraska Workers' Compensation Act. No such settlement shall be binding unless the settle…
Neb. Rev. Stat. § 48-137 Compensation claims; actions; statute of limitations; exceptions.
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In case of personal injury, all claims for compensation shall be forever barred unless, within two years after the accident, the parties shall have agreed upon the compensation payable under the Nebraska Workers' Compensation Act, or unless, within two years after the accident, o…
Neb. Rev. Stat. § 48-138 Compensation; lump-sum settlement; computation; fee.
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The amounts of compensation payable periodically under the law by agreement of the parties with the approval of the Nebraska Workers' Compensation Court may be commuted to one or more lump-sum payments, except compensation due for death, permanent disability, or claimed permanent…
Neb. Rev. Stat. § 48-139 Compensation; lump-sum settlement; submitted to Nebraska Workers' Compensation Court; procedure; filing of release; form; contents; payment; fees.
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(1)(a) Whenever an injured employee or his or her dependents and the employer agree that the amounts of compensation due as periodic payments for death, permanent disability, or claimed permanent disability under the Nebraska Workers' Compensation Act shall be commuted to one or …
Neb. Rev. Stat. § 48-140 Compensation; lump-sum settlements; conclusiveness; exception.
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Any lump-sum settlement by agreement of the parties pursuant to section 48-139 shall be final and not subject to readjustment if the settlement is in conformity with the Nebraska Workers' Compensation Act, unless the settlement is procured by fraud. All awards of compensation mad…