Chapter 48 — LABOR

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…

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…

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…

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.

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.

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…

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.

(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…

(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…

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 …

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.

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…

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…

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…

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.

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.

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…

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…

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 …

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…

(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 …

(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…

(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…

(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:…

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Sections 48-2101 to 48-2117 shall be known and may be cited as the Contractor Registration Act.

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.

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…

(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…

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…

(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…

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…

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.

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 …

[Repealed or reserved.]

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…

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 …

(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…

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…

(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…

[Repealed or reserved.]

The Contractor Registration Act shall not apply to the state or any political subdivision thereof.

(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 …

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…