Chapter 48, LABOR
670 sections in this chapter.
Neb. Rev. Stat. § 48-163 Compensation court; rules and regulations; procedures for adoption; powers and duties.
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(1) The Nebraska Workers' Compensation Court, by a majority vote of the judges thereof, may adopt and promulgate all reasonable rules and regulations necessary for carrying out the intent and purpose of the Nebraska Workers' Compensation Act, except that rules and regulations rel…
Neb. Rev. Stat. § 48-164 Compensation court; rules and regulations.
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The Nebraska Workers' Compensation Court shall regulate and provide the kind and character of notices and the services thereof and, in case of an injury by accident to an employee, the nature and extent of the proofs and evidence and the method of taking and furnishing the same f…
Neb. Rev. Stat. § 48-165 Blank forms; distribution; fees; telephone number.
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(1) The administrator of the Nebraska Workers' Compensation Court shall prepare and make available to employees, employers, and workers' compensation insurers such blank forms as deemed proper and advisable. (2) The administrator of the compensation court may establish a schedule…
Neb. Rev. Stat. § 48-166 Compensation court; annual report; contents.
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On or before January 1 of each year, the Nebraska Workers' Compensation Court shall submit electronically an annual report to the Clerk of the Legislature for the past fiscal year which shall include (1) pertinent information regarding settlements and awards made by the compensat…
Neb. Rev. Stat. § 48-167 Compensation court; record.
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The Nebraska Workers' Compensation Court shall keep and maintain a full and true record of all proceedings, documents, or papers ordered filed, rules and regulations, and decisions or orders.
Neb. Rev. Stat. § 48-168 Compensation court; rules of evidence; procedure; informal dispute resolution; procedure.
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(1) The Nebraska Workers' Compensation Court shall not be bound by the usual common-law or statutory rules of evidence or by any technical or formal rules of procedure, other than as herein provided, but may make the investigation in such manner as in its judgment is best calcula…
Neb. Rev. Stat. § 48-169 Compensation court; proceedings; transcripts.
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A transcribed copy of the evidence and proceedings, or any specific part thereof, of any investigation taken by a stenographer for the Nebraska Workers' Compensation Court or by a court reporter appointed or furnished as provided in section 48-178, being certified and sworn to by…
Neb. Rev. Stat. § 48-170 Compensation court; orders; awards; when binding.
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Every order and award of the Nebraska Workers' Compensation Court shall be binding upon each party at interest unless an appeal has been filed with the compensation court within thirty days after the date of entry of the order or award.
Neb. Rev. Stat. § 48-1701 Act, how cited.
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Sections 48-1701 to 48-1715 shall be known and may be cited as the Farm Labor Contractors Act.
Neb. Rev. Stat. § 48-1702 Terms, defined.
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For purposes of the Farm Labor Contractors Act, unless the context otherwise requires: (1) Certified exempt contractor means a farm labor contractor that holds a valid certificate of exemption described in subdivision (7) of section 48-1703; (2) Department means the Department of…
Neb. Rev. Stat. § 48-1703 Act; exclusions.
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The following shall be excluded from the Farm Labor Contractors Act: (1) Any individual who engages in a farm labor contracting activity on behalf of a farm, processing establishment, cannery, gin, packing shed, or nursery, which is owned and operated exclusively by such individu…
Neb. Rev. Stat. § 48-1704 Farm labor contractor; license; form; contents.
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(1) Except as otherwise provided by the Farm Labor Contractors Act, no person shall act as a farm labor contractor and engage in farm labor contracting activity unless such person holds a valid license issued by the department. (2) Farm labor contractor licenses may be issued by …
Neb. Rev. Stat. § 48-1705 Applicant; proof of financial responsibility; payment of wage claims; procedure.
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(1) Each applicant shall submit with the application and shall continually maintain proof of financial responsibility to ensure the prompt payment of wages of employees and other obligations that may arise under the Farm Labor Contractors Act. The proof shall be in the form of a …
Neb. Rev. Stat. § 48-1706 Application fee.
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Each application shall be accompanied by a fee. The Commissioner of Labor shall establish the amount of the fee, which shall not exceed seven hundred fifty dollars, by rule and regulation. The fee shall be established with due regard for the costs of administering the Farm Labor …
Neb. Rev. Stat. § 48-1708 Department; adopt rules and regulations.
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The department shall adopt and promulgate rules and regulations reasonably necessary for the administration and enforcement of the Farm Labor Contractors Act.
Neb. Rev. Stat. § 48-1709 Notice; posting.
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Every farm labor contractor covered by the Farm Labor Contractors Act shall post conspicuously upon the premises where employees working under the contractor are employed, in both English and Spanish, a notice specifying the contractor's compliance with the act and the name and N…
Neb. Rev. Stat. § 48-171 Order; award; judgment; use of terms.
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Except as otherwise provided in sections 48-192 to 48-1,109, the words order, award, and judgment, as used in the Nebraska Workers' Compensation Act, are used interchangeably and are deemed to have the same meaning.
Neb. Rev. Stat. § 48-1710 Department; licensing duties; license; protest; term; renewal; fee.
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(1) The department shall conduct an investigation of each applicant's character, competence, and reliability and any other matters relating to the applicant's operations as a farm labor contractor. (2) The department shall issue a license within fifteen days of receipt of the app…
Neb. Rev. Stat. § 48-1711 Farm labor contractor; duties.
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A farm labor contractor shall: (1) Carry his or her farm labor contractor license at all times and exhibit such license upon request to any person with whom the contractor intends to deal in his or her capacity as a farm labor contractor; (2) File immediately at the United States…
Neb. Rev. Stat. § 48-1712 Farm labor contractor; applicant for license; prohibited acts.
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A farm labor contractor or an applicant for a farm labor contractor license shall not: (1) Make any misrepresentation, false statement, or willful concealment in the application for a license or in his or her dealing with workers; (2) Solicit or induce or cause to be solicited or…
Neb. Rev. Stat. § 48-1713 License; revocation, suspension, refuse renewal; when.
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The department may revoke, suspend, or refuse to renew a farm labor contractor license upon the department's own motion or upon complaint by any individual if: (1) The licensee or his or her agent has violated or failed to comply with any provision of the Farm Labor Contractors A…
Neb. Rev. Stat. § 48-1714 Violations; prohibited acts; penalty.
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(1) Any person violating section 48-1711 or 48-1712 shall be guilty of a Class II misdemeanor. (2) Any person who (a) intentionally defaces, alters, or changes a farm labor contractor license, (b) uses the license of another, (c) knowingly permits the use of another person's lice…
Neb. Rev. Stat. § 48-1715 Seed corn producer; forms; required; Director of Agriculture; reports; directory of certified exempt contractors; powers and duties; confidentiality.
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(1) Beginning January 1, 2025, any seed corn producer in this state that intends to utilize one or more farm labor contractors for the roguing or detasseling of seed corn shall: (a) Complete and submit a form to the Director of Agriculture that the seed corn producer intends to u…
Neb. Rev. Stat. § 48-172 Compensation court; no filing fees; exceptions; costs; when allowed.
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Except as provided in sections 48-138 and 48-139, there shall be no filing fees charged by the Nebraska Workers' Compensation Court. When a reasonable attorney's fee is allowed the employee against the employer as provided in section 48-125, the compensation court shall further a…
Neb. Rev. Stat. § 48-173 Petition; filing; contents; medical finding required.
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Procedure before the Nebraska Workers' Compensation Court shall be as follows: In all cases involving a dispute with reference to workers' compensation, either party at interest, without cost, either in person or by attorney, may file with the compensation court a petition settin…
Neb. Rev. Stat. § 48-174 Summons; service; return.
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Upon the filing of such petition a summons shall issue and be served upon the adverse party, as in civil causes, together with a copy of the petition. Return of service shall be made within fourteen days after the date of issue. An acknowledgment on the summons or the voluntary a…
Neb. Rev. Stat. § 48-175 Summons; service.
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(1) Whenever the post office address of the defendant is known or may be ascertained by the officer or person charged with the duty of serving the same, such summons may be served by such officer or person by certified mail. (2) In the event the party to be served, in accordance …
Neb. Rev. Stat. § 48-175.01 Nonresident employer; service of process; manner of service; continuance; record.
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(1)(a) The performance of work in the State of Nebraska (i) by an employer, who is a nonresident of the State of Nebraska, (ii) by any resident employer who becomes a nonresident of this state after the occurrence of an injury to an employee, or (iii) by any agent of such an empl…
Neb. Rev. Stat. § 48-176 Answer; filing; contents.
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Within seven days after the return day of such summons the party at interest upon whom the same is served shall file an answer to such petition, which shall admit or deny the substantial averments of the petition, and shall state the contention of the defendant with reference to …
Neb. Rev. Stat. § 48-177 Hearing; judge; place; dismissal; procedure; manner of conducting hearings.
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(1) At the time a petition or motion is filed, one of the judges of the Nebraska Workers' Compensation Court shall be assigned to hear the cause. It shall be heard in the county in which the accident occurred, except as otherwise provided in section 25-412.02 and except that, upo…
Neb. Rev. Stat. § 48-178 Hearing; judgment; when conclusive; record of proceedings; costs; payment.
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The judge shall make such findings and orders, awards, or judgments as the Nebraska Workers' Compensation Court or judge is authorized by law to make. Such findings, orders, awards, and judgments shall be signed by the judge before whom such proceedings were had. When proceedings…
Neb. Rev. Stat. § 48-178.01 Payment of compensation when claimant's right to compensation not in issue.
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Whenever any petition is filed and the claimant's right to compensation is not in issue, but the issue of liability is raised as between an employer, a workers' compensation insurer, or a risk management pool or between two or more employers, workers' compensation insurers, or ri…
Neb. Rev. Stat. § 48-180 Findings, order, award, or judgment; modification; effect.
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The Nebraska Workers' Compensation Court may, on its own motion or on the motion of any party, modify or change its findings, order, award, or judgment at any time before appeal and within fourteen days after the date of such findings, order, award, or judgment. The time for appe…
Neb. Rev. Stat. § 48-182 Notice of appeal; bill of exceptions; requirements; waiver of payment; when; extension of time; filing of order.
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In case either party at interest refuses to accept any final order of the Nebraska Workers' Compensation Court, such party may, within thirty days thereafter, file with the compensation court a notice of appeal and at the same time the notice of appeal is filed, file with the com…
Neb. Rev. Stat. § 48-185 Appeal; procedure; judgment by Nebraska Workers' Compensation Court; effect; grounds for modification or reversal.
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Any appeal from the judgment of the Nebraska Workers' Compensation Court shall be prosecuted and the procedure, including the designation of parties, handling of costs and the amounts thereof, filing of briefs, certifying the opinion of the Supreme Court or decision of the Court …
Neb. Rev. Stat. § 48-186 Accidents occurring outside state; hearing; location; exception.
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In all cases when the accident occurred outside of the State of Nebraska, the hearing before a judge of the Nebraska Workers' Compensation Court shall be at Lincoln, Nebraska, or in any other county in the state at the discretion of the compensation court, unless otherwise stipul…
Neb. Rev. Stat. § 48-187 Filing fees; clerks of courts; what permitted.
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No filing fees shall be charged by the clerk of any court for any service required by the Nebraska Workers' Compensation Act except as provided in sections 48-138, 48-139, and 48-188.
Neb. Rev. Stat. § 48-188 Order, award, or judgment; filed with district court; filing fee; effect.
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Any order, award, or judgment by the Nebraska Workers' Compensation Court, or any judge thereof, which is certified by the clerk of the compensation court or any order, award, or judgment made pursuant to the Nebraska Workers' Compensation Act by the Court of Appeals or Supreme C…
Neb. Rev. Stat. § 48-190 Suit against state or governmental agency; summons; service.
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The state and governmental agencies created by the state may be sued in the Nebraska Workers' Compensation Court upon claims for compensation benefits under the Nebraska Workers' Compensation Act in the same manner as provided by such act for suits against individuals and corpora…
Neb. Rev. Stat. § 48-1901 Legislative intent.
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It is the intent of the Legislature through sections 48-1901 to 48-1910 to help in the treatment and elimination of drug and alcohol use and abuse in the workplace while protecting the employee's rights. Nothing in sections 48-1901 to 48-1910 shall be construed to require employe…
Neb. Rev. Stat. § 48-1902 Terms, defined.
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For purposes of sections 48-1901 to 48-1910, unless the context otherwise requires: (1) Alcohol means any product of distillation of any fermented liquid, whether rectified or diluted, whatever may be the origin thereof, synthetic ethyl alcohol, the four varieties of liquor, alco…
Neb. Rev. Stat. § 48-1903 Test results; use; requirements.
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Any results of any test performed on the body fluid or breath specimen of an employee, as directed by the employer, to determine the presence of drugs or alcohol shall not be used to deny any continued employment or in any disciplinary or administrative action unless the followin…
Neb. Rev. Stat. § 48-1904 Specimens; preservation.
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Except for breath test specimens as provided in subdivision (2)(b) of section 48-1903, all specimens which result in a finding of drugs or alcohol shall be refrigerated and preserved in a sufficient quantity for retesting for a period of at least one hundred eighty days.
Neb. Rev. Stat. § 48-1905 Specimens; chain of custody.
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Except for breath test specimens as provided in subdivision (2)(b) of section 48-1903, a written record of the chain of custody of the specimen shall be maintained from the time of the collection of the specimen until the specimen is no longer required.
Neb. Rev. Stat. § 48-1906 Test results; release or disclosure; when.
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The employer or its, his, or her agents shall not release or disclose the test results to the public, except that such results shall be released as required by law or to the employee upon request. Test results may be released to those officers, agents, or employees of the employe…
Neb. Rev. Stat. § 48-1907 Sections, how construed.
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Nothing in sections 48-1901 to 48-1906 shall be construed to establish any rule, right, or duty not expressly provided for in such sections.
Neb. Rev. Stat. § 48-1908 Body fluids; prohibited acts; penalty.
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(1) It shall be unlawful to provide, acquire, or use body fluids for the purpose of altering the results of any test to determine the presence of drugs or alcohol. (2) Any employee who violates subsection (1) of this section may be subjected to the same discipline as if the emplo…
Neb. Rev. Stat. § 48-1909 Body fluids; tampering; penalty.
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(1) No person shall tamper with or aid or assist another in tampering with body fluids at any time during or after the collection or analysis of such fluids for the purpose of altering the results of any test to determine the presence of drugs or alcohol. (2) Any employee who vio…
Neb. Rev. Stat. § 48-191 Time; how computed.
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Notwithstanding any more general or special law respecting the subject matter hereof, whenever the last day of the period within which a party to an action may file any document or pleading with the Nebraska Workers' Compensation Court, or take any other action with respect to a …
Neb. Rev. Stat. § 48-1910 Refusal to submit to test; effect.
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Any employee who refuses the lawful directive of an employer to provide a body fluid or breath sample as provided in section 48-1903 may be subject to disciplinary or administrative action by the employer, including denial of continued employment.