Chapter 48, LABOR
670 sections in this chapter.
Neb. Rev. Stat. § 48-225 Veterans preference; terms, defined.
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For purposes of sections 48-225 to 48-231: (1) Servicemember means a person who serves in the armed forces of the United States; (2) Veteran means: (a) A person who served full-time duty with military pay and allowances in the armed forces of the United States, except for trainin…
Neb. Rev. Stat. § 48-226 Veterans; preference eligibles; preference; required, when.
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A preference shall be given to preference eligibles seeking employment with the State of Nebraska or its governmental subdivisions. Such preference includes initial employment, reassignment, a transfer to a new position, and a return to employment with the State of Nebraska or it…
Neb. Rev. Stat. § 48-227 Veterans; preference eligibles; examination or numerical scoring; notice and application; statement; veteran or spouse; duty; notice; contents.
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(1) Preference eligibles who obtain passing scores on all parts or phases of an examination or numerical scoring shall have five percent added to their passing score if a claim for such preference is made on the application. An additional five percent shall be added to the passin…
Neb. Rev. Stat. § 48-229 Veterans preference; Commissioner of Labor; duties.
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It shall be the duty of the Commissioner of Labor to enforce the provisions of sections 48-225 to 48-231. The commissioner shall act on preference claims as follows: (1) When the employing agency and the claimant are in disagreement or when there is doubt as to any preference cla…
Neb. Rev. Stat. § 48-230 Veterans preference; violations; penalty.
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Any person who violates sections 48-225 to 48-231 shall be guilty of a Class IV misdemeanor. Such person shall be prohibited from receiving any compensation from public funds until he or she complies with sections 48-225 to 48-231.
Neb. Rev. Stat. § 48-2301 Act, how cited.
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Sections 48-2301 to 48-2308 shall be known and may be cited as the New Hire Reporting Act.
Neb. Rev. Stat. § 48-2302 Terms, defined.
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For purposes of the New Hire Reporting Act: (1) Date of hire means the day an employee begins employment with an employer; (2) Department means the Department of Health and Human Services; (3) Employee means an independent contractor or a person who is compensated by or receives …
Neb. Rev. Stat. § 48-2303 Employers; report to Department of Health and Human Services; when.
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(1) Beginning October 1, 1997, employers who hire or rehire any employee, for any amount of income or compensation, shall report to the department within the time period specified in subsection (2) of this section the name, address, and social security number of that employee, th…
Neb. Rev. Stat. § 48-2304 Employer; immunity.
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An employer shall not be liable under any state law to any individual for disclosure of information or any other action taken in good faith compliance with the New Hire Reporting Act.
Neb. Rev. Stat. § 48-2305 Multistate employer; transmission of reports.
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An employer that has employees who are employed in two or more states and that transmits reports magnetically or electronically may comply with the New Hire Reporting Act by designating one of such states in which the employer has employees as the state to which the employer will…
Neb. Rev. Stat. § 48-2306 Employer; fine.
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On and after October 1, 1998, the department may levy a fine not to exceed twenty-five dollars for each employee not reported by the employer to the department. The department shall determine whether or not to levy a fine based upon the good faith efforts of an employer to comply…
Neb. Rev. Stat. § 48-2308 Rules and regulations.
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The department shall adopt and promulgate rules and regulations to carry out the New Hire Reporting Act.
Neb. Rev. Stat. § 48-231 Veterans preference; county attorney; duties.
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The county attorneys, in their respective counties, shall prosecute, before any court of appropriate jurisdiction, all persons charged with violating sections 48-225 to 48-231.
Neb. Rev. Stat. § 48-232 Anabolic steroids; terms, defined.
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For purposes of section 48-233: (1) Anabolic steroid shall have the definition found in section 28-401; (2) Employee shall mean any person, paid or unpaid, who in any way assists an entity in carrying out the business activities of such entity. Employee shall include an independe…
Neb. Rev. Stat. § 48-233 Anabolic steroids; employees; prohibited acts; sanction.
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(1) In addition to the penalties provided in the Uniform Controlled Substances Act, any employee of a state agency, political subdivision, or institution who possesses, dispenses, delivers, administers, uses, or knowingly allows a subordinate employee or a student attending such …
Neb. Rev. Stat. § 48-234 Adoptive parent; leave of absence authorized; enforcement; attorney's fees.
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(1) Except as provided in subsection (2) of this section, whenever an employer, including a governmental agency, permits an employee to take a leave of absence upon the birth of the employee's child, an adoptive parent, following the commencement of the parent-child relationship,…
Neb. Rev. Stat. § 48-235 Law enforcement officers; ticket quota requirements; prohibited.
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A state agency or political subdivision shall not directly require a law enforcement officer employed by the state agency or political subdivision to issue a certain number or percentage of traffic citations, police citations, memoranda of traffic violations, memoranda of faulty …
Neb. Rev. Stat. § 48-236 Genetic testing; restrictions.
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(1) For purposes of this section: (a) Employee does not include an individual employed in the domestic service of any person; (b) Employer means a person who has one or more employees; (c) Genetic information means information about a gene, gene product, or inherited characterist…
Neb. Rev. Stat. § 48-237 Employer; prohibited use of social security numbers; exceptions; violations; penalty; conviction; how treated.
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(1) For purposes of this section: (a) Employer means a person which employs any individual within this state as an employee; (b) Employee means any individual permitted to work by an employer pursuant to an employment relationship or who has contracted to sell the goods of an emp…
Neb. Rev. Stat. § 48-238 Veterans or spouses; preference in private employment; policy; notice to Commissioner of Labor; registry.
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(1) For purposes of this section: (a) Preference eligible means any veteran as defined in this section or the spouse of a servicemember as defined in this section, except that for a spouse of a servicemember such preference is limited to the time during which the servicemember re…
Neb. Rev. Stat. § 48-239 COVID-19 vaccine; employer; requirements; vaccine exemption form; contents.
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(1) For purposes of this section: (a) COVID-19 means the novel coronavirus identified as SARS-CoV-2; any disease caused by SARS-CoV-2, its viral fragments, or a virus mutation therefrom; and all conditions associated with the disease which are caused by SARS-CoV-2, its viral frag…
Neb. Rev. Stat. § 48-2601 Act, how cited.
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Sections 48-2601 to 48-2619 shall be known and may be cited as the Nebraska Uniform Athlete Agents Act.
Neb. Rev. Stat. § 48-2602 Terms, defined.
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In the Nebraska Uniform Athlete Agents Act: (1) Agency contract means an agreement in which a student-athlete authorizes a person to negotiate or solicit on behalf of the student-athlete a professional-sports-services contract or an endorsement contract; (2) Athlete agent means a…
Neb. Rev. Stat. § 48-2603 Service of process; subpoenas.
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(1) By acting as an athlete agent in this state, a nonresident individual appoints the Secretary of State as the individual's agent for service of process in any civil action in this state related to the individual's acting as an athlete agent in this state. (2) The Secretary of …
Neb. Rev. Stat. § 48-2604 Athlete agent; registration required; void contracts.
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(1) Except as otherwise provided in subsection (2) of this section, an individual may not act as an athlete agent in this state without holding a certificate of registration under section 48-2606 or 48-2608. (2) Before being issued a certificate of registration, an individual may…
Neb. Rev. Stat. § 48-2605 Registration as athlete agent; form; requirements.
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(1) An applicant for registration shall submit an application for registration to the Secretary of State in a form prescribed by the Secretary of State. An application filed under this section is a public record. The application must be in the name of an individual and, except as…
Neb. Rev. Stat. § 48-2606 Certificate of registration; issuance or denial; renewal.
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(1) Except as otherwise provided in subsection (2) of this section, the Secretary of State shall issue a certificate of registration to an individual who complies with subsection (1) of section 48-2605 or whose application has been accepted under subsection (2) of section 48-2605…
Neb. Rev. Stat. § 48-2607 Suspension, revocation, or refusal to renew registration.
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(1) The Secretary of State may suspend, revoke, or refuse to renew a registration for conduct that would have justified denial of registration under subsection (2) of section 48-2606. (2) The Secretary of State may deny, suspend, revoke, or refuse to renew a certificate of regist…
Neb. Rev. Stat. § 48-2608 Temporary registration.
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The Secretary of State may issue a temporary certificate of registration while an application for registration or renewal of registration is pending.
Neb. Rev. Stat. § 48-2609 Registration and renewal fees.
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(1) An application for registration or renewal of registration must be accompanied by either an application for registration fee or a renewal of registration fee, as applicable. (2) The Secretary of State may, by rule and regulation, establish fees for applications for registrati…
Neb. Rev. Stat. § 48-2610 Required form of contract.
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(1) An agency contract must be in a record, signed or otherwise authenticated by the parties. (2) An agency contract must state or contain: (a) The amount and method of calculating the consideration to be paid by the student-athlete for services to be provided by the athlete agen…
Neb. Rev. Stat. § 48-2611 Notice to educational institution.
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(1) Within seventy-two hours after entering into an agency contract or before the next scheduled athletic event in which the student-athlete may participate, whichever occurs first, the athlete agent shall give notice in a record of the existence of the contract to the athletic d…
Neb. Rev. Stat. § 48-2612 Student-athlete's right to cancel.
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(1) A student-athlete may cancel an agency contract by giving notice of the cancellation to the athlete agent in a record within fourteen days after the contract is signed. (2) A student-athlete may not waive the right to cancel an agency contract. (3) If a student-athlete cancel…
Neb. Rev. Stat. § 48-2613 Required records.
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(1) An athlete agent shall retain the following records for a period of five years: (a) The name and address of each individual represented by the athlete agent; (b) Any agency contract entered into by the athlete agent; and (c) Any direct costs incurred by the athlete agent in t…
Neb. Rev. Stat. § 48-2614 Prohibited conduct.
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(1) An athlete agent, with the intent to induce a student-athlete to enter into an agency contract, may not: (a) Give any materially false or misleading information or make a materially false promise or representation; (b) Furnish anything of value to a student-athlete before the…
Neb. Rev. Stat. § 48-2615 Criminal penalty.
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An athlete agent who violates section 48-2614 is guilty of a Class I misdemeanor.
Neb. Rev. Stat. § 48-2616 Civil remedies.
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(1) An educational institution has a right of action against an athlete agent or a former student-athlete for damages caused by a violation of the Nebraska Uniform Athlete Agents Act. In an action under this section, the court may award to the prevailing party costs and reasonabl…
Neb. Rev. Stat. § 48-2617 Administrative penalty.
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The Secretary of State may assess a civil penalty against an athlete agent not to exceed twenty-five thousand dollars for a violation of the Nebraska Uniform Athlete Agents Act.
Neb. Rev. Stat. § 48-2618 Uniformity of application and construction.
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In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Neb. Rev. Stat. § 48-2619 Electronic Signatures in Global and National Commerce Act.
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The provisions of the Nebraska Uniform Athlete Agents Act governing the legal effect, validity, or enforceability of electronic records or signatures, and of contracts formed or performed with the use of such records or signatures, conform to the requirements of section 102 of th…
Neb. Rev. Stat. § 48-2701 Act, how cited.
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Sections 48-2701 to 48-2711 shall be known and may be cited as the Professional Employer Organization Registration Act.
Neb. Rev. Stat. § 48-2702 Terms, defined.
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For purposes of the Professional Employer Organization Registration Act: (1) Client means any person who enters into a professional employer agreement with a professional employer organization; (2) Co-employer means either a professional employer organization or a client; (3) Co-…
Neb. Rev. Stat. § 48-2703 Act; professional employer agreement; effect on rights or obligations; other requirements applicable; client rights and status.
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(1) Nothing contained in the Professional Employer Organization Registration Act or in any professional employer agreement shall affect, modify, or amend any collective-bargaining agreement or the rights or obligations of any client, professional employer organization, or covered…
Neb. Rev. Stat. § 48-2704 Registration required; restrictions on use of names or title; application; contents; initial registration; when required; limited registration application; interim operating permit; registration renewal; limited registration; eligibility; department; maintain list of registrants; department; powers and duties; confidentiality.
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(1) A person engaged in the business of providing professional employer services pursuant to co-employment relationships in which all or a majority of the employees of a client are covered employees shall be registered under the Professional Employer Organization Registration Act…
Neb. Rev. Stat. § 48-2705 Financial commitment required; filing with department.
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(1) Except as provided in subsections (7) and (10) of section 48-2704, each professional employer organization or professional employer organization group shall have either: (a) Positive working capital of at least one hundred thousand dollars at the time of initial registration …
Neb. Rev. Stat. § 48-2706 Co-employment relationship; restrictions; rights and obligations; professional employer agreement; contents; written notice to employee; posting of notice; responsibilities of client; liability; sales tax liability; health benefit plan.
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(1) No person shall knowingly enter into a co-employment relationship in which less than a majority of the employees of the client in this state are covered employees or in which less than one-half of the payroll of the client in this state is attributable to covered employees. (…
Neb. Rev. Stat. § 48-2707 Funds; records.
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Any funds held by the professional employer organization in a fiduciary capacity shall be recorded separately and held in a fiduciary capacity on behalf of each client. The professional employer organization shall keep copies of all the records pertaining to such deposits and wit…
Neb. Rev. Stat. § 48-2708 Retirement and employee welfare benefit plans.
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(1) A client and a professional employer organization shall each be deemed an employer under the laws of this state for purposes of sponsoring retirement and employee welfare benefit plans for its covered employees. (2) An employee welfare benefit plan that includes a health bene…
Neb. Rev. Stat. § 48-2709 Workers' compensation coverage; allocation of responsibility; information to administrator of Nebraska Workers' Compensation Court; notice; posting; contents; notice of cancellation, nonrenewal, or termination; rights of client.
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(1) The responsibility to obtain workers' compensation coverage for employees covered by the professional employer agreement and for other employees of the client shall be allocated in the professional employer agreement to the client, the professional employer organization, or b…
Neb. Rev. Stat. § 48-2710 Fees.
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(1) The department shall adopt a schedule of fees for initial registration, annual registration renewal, and limited registration, not to exceed two thousand five hundred dollars for initial registration, one thousand five hundred dollars for annual registration renewal, and one …