Chapter 48, LABOR
670 sections in this chapter.
Neb. Rev. Stat. § 48-192 Purpose of sections.
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The Legislature declares that it is its intent and purpose through sections 48-192 to 48-1,109 to provide uniform procedures for the bringing of workers' compensation claims against the state, and that the procedures provided by sections 48-192 to 48-1,109 shall be used to the ex…
Neb. Rev. Stat. § 48-193 Terms, defined.
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For purposes of sections 48-192 to 48-1,109, unless the context otherwise requires: (1) State agency shall include all departments, agencies, boards, courts, bureaus, and commissions of the State of Nebraska and corporations the primary function of which is to act as, and while a…
Neb. Rev. Stat. § 48-194 Risk Manager; authority; Attorney General; duties.
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The Risk Manager with the advice of the Attorney General shall have the authority to pay claims of all workers' compensation benefits when liability is undisputed. In any claims when liability or the amount of liability is disputed by the Attorney General, authority is hereby con…
Neb. Rev. Stat. § 48-195 Rules and regulations.
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The risk management and state claims division of the Department of Administrative Services may, pursuant to the Administrative Procedure Act, adopt and promulgate such rules and regulations as are necessary to carry out sections 48-192 to 48-1,109.
Neb. Rev. Stat. § 48-196 State agency; handle claims; Attorney General; supervision.
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The Risk Manager may delegate to a state agency the handling of workers' compensation claims of employees of that agency, under the supervision and direction of the Attorney General.
Neb. Rev. Stat. § 48-197 Claims; filing; investigation; report.
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All claims under sections 48-192 to 48-1,109 shall be filed with the Risk Manager. The Risk Manager shall immediately advise the Attorney General of the filing of any claim. It shall be the duty of the Attorney General to cause a complete investigation to be made of all such clai…
Neb. Rev. Stat. § 48-198 Suits; filing; attorney's fee; expenses; allowance.
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Suits shall be brought in the Nebraska Workers' Compensation Court as set out in the Nebraska Workers' Compensation Act, and the compensation court shall in each case designate and allow the amount of the attorney's fee and expenses to be paid from, but not in addition to, the aw…
Neb. Rev. Stat. § 48-199 Suits; liability of state.
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In all suits brought under sections 48-192 to 48-1,109, the state shall be liable in the same manner and to the same extent as a private individual under like circumstances, except that no writ of execution shall issue against the state or any state agency, and disposition of or …
Neb. Rev. Stat. § 48-2001 Employee trusts or plans; duration; restraints inapplicable.
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Any trust or plan heretofore or hereafter created for the purposes and of the type enumerated in section 48-2002, whether in real or personal property or in both real and personal property, may continue in perpetuity or for such time as may be necessary to accomplish the purposes…
Neb. Rev. Stat. § 48-2002 Employee trusts or plans; kinds; trustee; requirements.
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(1) Trusts or plans which are entitled to the exemption from limitation as to their duration provided for in section 48-2001 shall be: (a) Created by an employer or employers primarily for the benefit of some or all of the employees of such employer or employers, or the families …
Neb. Rev. Stat. § 48-201 Current or former employer; disclosure of information; immunity from civil liability; consent; form; period valid; applicability of section.
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(1)(a) A current or former employer may disclose the following information about a current or former employee's employment history to a prospective employer of the current or former employee upon receipt of written consent from the current or former employee: (i) Date and duratio…
Neb. Rev. Stat. § 48-202 Public employer; applicant; disclosure of criminal record or history; limitation.
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(1) Except as otherwise provided in this section, a public employer shall not ask an applicant for employment to disclose, orally or in writing, information concerning the applicant's criminal record or history, including any inquiry on any employment application, until the publi…
Neb. Rev. Stat. § 48-203 Legislative findings, declarations, and intent; veterans' program coordinator; qualifications; duties; Department of Veterans' Affairs; duties.
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(1) The Legislature finds and declares that: (a) Nebraska is a welcoming state for veterans and their families; and (b) Nebraska is committed to workforce development initiatives that help attract and retain veterans and their families. (2) It is the intent of the Legislature to:…
Neb. Rev. Stat. § 48-2101 Act, how cited.
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Sections 48-2101 to 48-2117 shall be known and may be cited as the Contractor Registration Act.
Neb. Rev. Stat. § 48-2102 Legislative intent.
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It is the intent of the Legislature that all contractors doing business in Nebraska be registered with the department. It is not the intent of the Legislature to endorse the quality or performance of services provided by any individual contractor.
Neb. Rev. Stat. § 48-2103 Terms, defined.
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For purposes of the Contractor Registration Act: (1) Commissioner means the Commissioner of Labor; (2) Construction means work on real property and annexations, including new work, additions, alterations, reconstruction, installations, and repairs performed at one or more differe…
Neb. Rev. Stat. § 48-2104 Registration required.
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(1) Before performing any construction work in Nebraska, a contractor shall be registered with the department. If a contractor does business under more than one name, the contractor shall obtain a registration number for each name under which the contractor is doing business. Any…
Neb. Rev. Stat. § 48-2105 Registration; application; contents; renewal.
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Each contractor shall apply to the department for a registration number on an application form provided by the department. The application shall contain the following information: (1) The name and federal employer identification number or, if the applicant is an individual, the s…
Neb. Rev. Stat. § 48-2106 Application; report of change; amendments.
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(1) A contractor shall report to the commissioner any change in the information originally reported on or with the application under section 48-2105 within fifteen days of the change, except that the contractor shall notify the commissioner of changes in workers' compensation ins…
Neb. Rev. Stat. § 48-2107 Fees.
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Each application or renewal under section 48-2105 shall be signed by the applicant and accompanied by a fee not to exceed forty dollars. The commissioner may adopt and promulgate rules and regulations to establish the criteria for acceptability of filing documents and making paym…
Neb. Rev. Stat. § 48-2108 Registration number.
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Within thirty days of receipt of a completed application, the commissioner shall issue to the contractor a registration number. The registration number shall be a five-digit number followed by a two-digit number indicating the year of issuance.
Neb. Rev. Stat. § 48-2109 Cancellation of workers' compensation insurance policy; notice required.
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Any insurance company carrying a contractor's workers' compensation insurance policy shall notify the department in case of cancellation by either the insurance company or the contractor of such policy. The notice shall contain (1) the name of the insurance carrier, (2) the name …
Neb. Rev. Stat. § 48-2110 Failure to maintain workers' compensation insurance; notice of revocation.
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The commissioner shall issue a notice of revocation of registration to a contractor when an investigation reveals that the contractor no longer meets the conditions of registration set out in section 48-2105 by failure to maintain compliance with the laws of this state relating t…
Neb. Rev. Stat. § 48-2111 Notice of revocation; service; hearing.
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The commissioner shall serve notice of revocation on the contractor by mailing such notice by certified mail or any other manner of delivery by which the United States Postal Service can verify delivery to the address of the contractor or the contractor's registered agent listed …
Neb. Rev. Stat. § 48-2112 Investigatory powers.
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(1) The commissioner may make investigations he or she finds necessary or appropriate to determine if there is compliance with the Contractor Registration Act. Investigations shall take place at the times and places as the commissioner directs. For purposes of any investigation u…
Neb. Rev. Stat. § 48-2113 Complaints.
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Written complaints regarding the registration of a contractor made to the commissioner in which the complainant provides his or her name and address shall receive a written response as to the results of the investigation. A complainant's name and other identifying information sha…
Neb. Rev. Stat. § 48-2114 Violation; citation; penalty; legal representation.
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(1) The commissioner shall issue a citation to a contractor when an investigation reveals that the contractor has violated: (a) The requirement that the contractor be registered; or (b) The requirement that the contractor's registration information be substantially complete and a…
Neb. Rev. Stat. § 48-2116 Applicability of act.
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The Contractor Registration Act shall not apply to the state or any political subdivision thereof.
Neb. Rev. Stat. § 48-2117 Database of contractors; contents; removal.
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(1) The Department of Labor, in conjunction with the Department of Revenue, shall create a database of contractors who are registered under the Contractor Registration Act and the Nebraska Revenue Act of 1967. (2) The database shall be accessible on the website of the Department …
Neb. Rev. Stat. § 48-212 Lunch hour; requirements; applicability.
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Any person, firm, or corporation owning or operating an assembling plant, workshop, or mechanical establishment employing one or more persons shall allow all of their employees not less than thirty consecutive minutes for lunch in each eight-hour shift, and during such time it sh…
Neb. Rev. Stat. § 48-213 Lunch hour; violation; penalty.
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Any person, firm or corporation violating any of the provisions of section 48-212 shall be guilty of a Class III misdemeanor.
Neb. Rev. Stat. § 48-214 Collective bargaining; race or color discrimination prohibited.
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It is hereby declared to be the policy of this state that no representative agency of labor, in collective bargaining with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or other conditions of work, shall, in such collective bargaining, …
Neb. Rev. Stat. § 48-215 Military supplies; production; distribution; discrimination prohibited.
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It shall be unlawful for any person, firm, or corporation, engaged to any extent whatsoever in the State of Nebraska in the production, manufacture, or distribution of military or naval material, equipment, or supplies for the State of Nebraska or the government of the United Sta…
Neb. Rev. Stat. § 48-216 Military supplies; discrimination; violation; penalty.
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Any person, firm or corporation, violating any of the provisions of section 48-215, shall be guilty of a Class III misdemeanor. Each violation of section 48-215 shall be a separate offense.
Neb. Rev. Stat. § 48-217 Labor organizations; membership or nonmembership; prohibited acts.
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To make operative the provisions of sections 13, 14 and 15 of Article XV of the Constitution of Nebraska, no person shall be denied employment because of membership in or affiliation with, or resignation or expulsion from a labor organization or because of refusal to join, affili…
Neb. Rev. Stat. § 48-218 Labor organization, defined.
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The term labor organization means any organization of any kind, or any agency or employee representation committee or plan, which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment…
Neb. Rev. Stat. § 48-219 Labor organization; violation; penalty.
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Any individual, corporation or association that enters into a contract after September 7, 1947, in violation of the provisions of section 48-217, shall be guilty of a Class IV misdemeanor.
Neb. Rev. Stat. § 48-220 Medical examinations; employer, defined.
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As used in sections 48-220 to 48-223, unless the context otherwise requires, employer shall mean and include an individual, a partnership, a limited liability company, an association, a corporation, a legal representative, a trustee, a receiver, a trustee in bankruptcy, and any c…
Neb. Rev. Stat. § 48-2207 Act, how cited.
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Sections 48-2207 to 48-2214 shall be known and may be cited as the Non-English-Speaking Workers Protection Act.
Neb. Rev. Stat. § 48-2208 Terms, defined.
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For purposes of the Non-English-Speaking Workers Protection Act, unless the context otherwise requires: (1) Actively recruit means any affirmative act, as defined by the department, done by or on behalf of an employer for the purpose of recruitment or hiring of non-English-speaki…
Neb. Rev. Stat. § 48-2209 Interpreter and referral agent; required; when.
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If more than five percent of the employees of an employer are non-English-speaking employees who speak the same non-English language, the employer shall: (1) Make an interpreter available at the worksite for each shift during which a non-English-speaking employee is employed. If …
Neb. Rev. Stat. § 48-221 Medical examination; cost to applicant as condition of employment; unlawful; cost to employer.
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It shall be unlawful for any employer, as defined in section 48-220, to require any applicant for employment, to pay the cost of a medical examination required by the employer as a condition of employment. When the employer requests an applicant for a position to submit to a medi…
Neb. Rev. Stat. § 48-2210 Written statement required; when; contents; employer provide transportation; when.
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(1) An employer or a representative of an employer who actively recruits any non-English-speaking persons for employment in this state and whose work force is more than ten percent non-English-speaking employees who speak the same non-English language shall file with the commissi…
Neb. Rev. Stat. § 48-2211 Violations; penalty.
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Any employer who violates section 48-2209 or 48-2210 or the rules and regulations adopted and promulgated pursuant thereto is guilty of a Class IV misdemeanor.
Neb. Rev. Stat. § 48-2212 Civil action; injunctive relief; authorized.
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Any person aggrieved as a result of a violation of section 48-2209 or 48-2210 or the rules and regulations adopted and promulgated pursuant thereto may file suit in any district court of this state. If the court finds that the respondent has intentionally violated section 48-2209…
Neb. Rev. Stat. § 48-2213 Meatpacking industry worker rights coordinator; established; powers and duties.
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(1) The position of meatpacking industry worker rights coordinator is established within the department. The coordinator shall be appointed by the commissioner. (2) The duties of the coordinator shall be to inspect and review the practices and procedures of meatpacking operations…
Neb. Rev. Stat. § 48-2214 Rules and regulations; commissioner; powers.
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The commissioner shall adopt and promulgate rules and regulations necessary to carry out the Non-English-Speaking Workers Protection Act. The commissioner or a representative of the commissioner, including the coordinator, may: (1) Inspect employment records of an employer relati…
Neb. Rev. Stat. § 48-222 Medical examination as condition of employment; violation; penalty.
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Any employer who violates the provisions of section 48-221 shall be guilty of a Class V misdemeanor. Each violation shall constitute a separate offense. It shall be the duty of the Commissioner of Labor to enforce the provisions of sections 48-220 to 48-223.
Neb. Rev. Stat. § 48-223 Medical examination as condition of employment; exemptions from sections.
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The provisions of sections 48-220 to 48-223 shall not apply to any employment relationship entered into by the state or any subdivision of the state when a physical examination is required by law as a condition of employment.
Neb. Rev. Stat. § 48-224 Withholding of wages; when authorized.
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(1) Any employee of the State of Nebraska, any municipal corporation, or any public body or agency created by the laws of this state, who desires to participate voluntarily in any employee organization, credit union, or any community charity or public welfare plan approved by the…