Chapter 48, LABOR
670 sections in this chapter.
Neb. Rev. Stat. § 48-1110 National security employment; exception.
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Notwithstanding any other provision of the Nebraska Fair Employment Practice Act, it shall not be an unlawful employment practice for an employer to fail or refuse to hire and employ any individual for any position, for an employer to discharge any individual from any position, f…
Neb. Rev. Stat. § 48-1111 Different standards of compensation, conditions, or privileges of employment; lawful employment practices; effect of pregnancy and related medical conditions.
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(1) Except as otherwise provided in the Nebraska Fair Employment Practice Act, it shall not be an unlawful employment practice for an employer to apply different standards of compensation, or different terms, conditions, or privileges of employment pursuant to a bona fide seniori…
Neb. Rev. Stat. § 48-1112 Indians; preferential treatment.
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Nothing in the Nebraska Fair Employment Practice Act shall apply to any business or enterprise on or near an Indian reservation with respect to any publicly announced employment practice of such business or enterprise under which a preferential treatment is given to any individua…
Neb. Rev. Stat. § 48-1113 Preferential treatment; when not required.
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Nothing in the Nebraska Fair Employment Practice Act shall be interpreted to require any employer, employment agency, labor organization, or joint labor-management committee subject to the act to grant preferential treatment to any individual or to any group because of the race, …
Neb. Rev. Stat. § 48-1114 Opposition to unlawful practice; participation in investigation; communication regarding employee wages, benefits, or other compensation; discrimination prohibited.
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(1) It shall be an unlawful employment practice for an employer to discriminate against any of his or her employees or applicants for employment, for an employment agency to discriminate against any individual, or for a labor organization to discriminate against any member thereo…
Neb. Rev. Stat. § 48-1115 Notice of employment; preference or discrimination; race, color, religion, sex, disability, marital status, national origin, military or veteran status; unlawful; exception.
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Except as provided in section 48-1127 and except for the veterans preference provided for in sections 48-225 to 48-231 or section 48-238, it shall be an unlawful employment practice for an employer, labor organization, or employment agency to print or publish or cause to be print…
Neb. Rev. Stat. § 48-1116 Equal Opportunity Commission; members; appointment; term; quorum; compensation; executive director; representation.
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There is hereby established an Equal Opportunity Commission to consist of seven members to be appointed by the Governor. Terms of members shall be three years. As the terms of the members expire, the Governor shall appoint or reappoint the members of the commission for terms of t…
Neb. Rev. Stat. § 48-1117 Commission; powers; duties; enumerated.
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The commission shall have the following powers and duties: (1) To receive, investigate, and pass upon charges of unlawful employment practices anywhere in the state; (2) To hold hearings, subpoena witnesses, compel their attendance, administer oaths, and take the testimony of any…
Neb. Rev. Stat. § 48-1118 Unlawful practice; charge; time for filing; prescreening procedure and determination; investigation; confidential informal actions; procedure; violation; penalty; interrogatories.
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(1) Whenever it is charged in writing under oath or affirmation by or on behalf of a person or persons claiming to be aggrieved and such charge sets forth the facts upon which it is based that an employer, employment agency, or labor organization has engaged in an unlawful employ…
Neb. Rev. Stat. § 48-1119 Unlawful practice; complaint; notice; hearing; witnesses; evidence; findings; civil action authorized; order.
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(1) In case of failure to eliminate any unlawful employment practice by informal methods of conference, conciliation, persuasion, mediation, or arbitration, the commission may order a public hearing. If such hearing is ordered, the commission shall cause to be issued and served a…
Neb. Rev. Stat. § 48-112 Elective compensation; presumption.
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In the occupations described in section 48-106, all contracts of employment shall be presumed to have been made with reference and subject to the Nebraska Workers' Compensation Act. Every such employer and every employee is presumed to accept and come under such sections.
Neb. Rev. Stat. § 48-1120 Appeal; procedure; attorney's fees; failure to appeal; effect.
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(1) Any party to a proceeding before the commission aggrieved by such decision and order and directly affected thereby may appeal the decision and order, and the appeal shall be in accordance with the Administrative Procedure Act. (2) In any action or proceeding under the Nebrask…
Neb. Rev. Stat. § 48-1120.01 Action in district court; deadline; notice by commission.
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The deadline for filing an action directly in the district court is ninety days after the complainant receives notice of the last action the commission will take on the complaint or charge. When entering the last action on the complaint or charge, the commission shall issue writt…
Neb. Rev. Stat. § 48-1121 Posting excerpts of law.
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Every employer, employment agency, and labor organization subject to the Nebraska Fair Employment Practice Act shall post in a conspicuous place or places on his, her, or its premises a notice to be prepared or approved by the commission which shall set forth excerpts of the act …
Neb. Rev. Stat. § 48-1122 Contracts with state and political subdivisions; requirements.
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Every contract to which the state or any of its political subdivisions is a party shall contain a provision requiring the contractor and his or her subcontractors not to discriminate against any employee or applicant for employment, to be employed in the performance of such contr…
Neb. Rev. Stat. § 48-1123 Violations; penalty.
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Any person, employer, labor organization, or employment agency who or which willfully resists, prevents, impedes, or interferes with the commission or any of its members or representatives in the performance of duty under the Nebraska Fair Employment Practice Act or willfully vio…
Neb. Rev. Stat. § 48-1124 Construction of act.
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Nothing contained in the Nebraska Fair Employment Practice Act shall be deemed to repeal any of the provisions of the civil rights law, any other law of this state, or any municipal ordinance relating to discrimination because of race, creed, color, religion, sex, disability, nat…
Neb. Rev. Stat. § 48-1126 State and governmental agencies; suits against.
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The state and governmental agencies created by the state may be sued upon claims arising under the Nebraska Fair Employment Practice Act in the same manner as provided by such law for suits against other employers.
Neb. Rev. Stat. § 48-1127 Military or veteran status; inclusion in act; effect.
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The inclusion of military or veteran status as a protected class in the Nebraska Fair Employment Practice Act and sections 23-2525, 23-2531, and 23-2541: (1) Is not intended to duplicate or mirror the protections offered by the federal Uniformed Services Employment and Reemployme…
Neb. Rev. Stat. § 48-114 Employer, defined.
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The following shall constitute employers subject to the Nebraska Workers' Compensation Act: (1) The state and every governmental agency created by it; and (2) every person, firm, or corporation, including any public service corporation, who is engaged in any trade, occupation, bu…
Neb. Rev. Stat. § 48-115 Employee and worker, defined; inclusions; exclusions; waiver; election of coverage.
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The terms employee and worker are used interchangeably and have the same meaning throughout the Nebraska Workers' Compensation Act. Such terms include the plural and all ages and both sexes. For purposes of the act, employee or worker shall be construed to mean: (1) Every person …
Neb. Rev. Stat. § 48-115.01 Employee; extend coverage; when.
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Sections 48-115, 48-115.01, and 48-146 shall be so construed as to effectuate their general purpose to extend workers' compensation coverage to additional employees and officers as soon as the same may be done under the Constitution of Nebraska.
Neb. Rev. Stat. § 48-115.02 Lessor of commercial motor vehicles; agreement with self-insured motor carrier; authorized; effect.
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An employer who is a lessor of one or more commercial motor vehicles leased to a self-insured motor carrier, may agree with the self-insured motor carrier that benefits under the Nebraska Workers' Compensation Act with respect to personal injury or death to the driver or drivers …
Neb. Rev. Stat. § 48-116 Employers; evasion of law; what constitutes; exceptions.
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Any person, firm, or corporation creating or carrying into operation any scheme, artifice, or device to enable him or her, them, or it to execute work without being responsible to the workers for the provisions of the Nebraska Workers' Compensation Act shall be included in the te…
Neb. Rev. Stat. § 48-117 Employers; evasion of law; compensation; calculation.
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When compensation is claimed from or proceedings taken against a person, firm, or corporation under section 48-116, the compensation shall be calculated with reference to the wage the worker was receiving from the person by whom he or she was immediately employed at the time of t…
Neb. Rev. Stat. § 48-118 Third-party claims; subrogation.
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When a third person is liable to the employee or to the dependents for the injury or death of the employee, the employer shall be subrogated to the right of the employee or to the dependents against such third person. The recovery by such employer shall not be limited to the amou…
Neb. Rev. Stat. § 48-118.01 Third-party claims; procedure; attorney's fees.
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Before making a claim or bringing suit against a third person by the employee or his or her personal representative or by the employer or his or her workers' compensation insurer, thirty days' notice shall be given to the other potential parties, unless such notice is waived in w…
Neb. Rev. Stat. § 48-118.02 Third-party claims; expenses and attorney's fees; apportionment.
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If either party after receiving notice under section 48-118.01 fails, by and through his or her attorney, to join in the third-party claim or suit, such party waives any and all claims or causes of action for improper prosecution of the third-party suit or inadequacy of a settlem…
Neb. Rev. Stat. § 48-118.03 Third-party claims; failure to give notice; effect.
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If either party makes a claim or prosecutes a third-party action without giving notice to the other party, the party bringing the claim and prosecuting such action shall not deduct expenses or attorney's fees from the amount payable to the other party.
Neb. Rev. Stat. § 48-118.04 Third-party claims; settlement; requirements.
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(1) A settlement of a third-party claim under the Nebraska Workers' Compensation Act is void unless: (a) Such settlement is agreed upon in writing by the employee or his or her personal representative and the workers' compensation insurer of the employer, if there is one, and if …
Neb. Rev. Stat. § 48-118.05 Third-party claims; Workers' Compensation Trust Fund; subrogation rights.
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In any case in which an injured employee is entitled to benefits from the Workers' Compensation Trust Fund for injuries occurring before December 1, 1997, as provided in section 48-128 and recovery is had against the third party liable to the employee for the injury, the Workers'…
Neb. Rev. Stat. § 48-119 Compensation; from what date computed.
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No compensation shall be allowed for the first seven calendar days of disability, except as provided in section 48-120, but if disability extends beyond the period of seven calendar days, compensation shall begin on the eighth calendar day of disability, except that if such disab…
Neb. Rev. Stat. § 48-120 Medical, surgical, and hospital services; employer's liability; fee schedule; physician, right to select; procedures; powers and duties; court; powers; dispute resolution procedure; managed care plan.
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(1)(a) The employer is liable for all reasonable medical, surgical, and hospital services, including plastic surgery or reconstructive surgery but not cosmetic surgery when the injury has caused disfigurement, appliances, supplies, prosthetic devices, and medicines as and when ne…
Neb. Rev. Stat. § 48-120.01 Terms, defined.
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As used in section 48-120, unless the context otherwise requires: (1) Plastic surgery shall mean that branch of surgery concerned with the repair or restoration of lost, injured, or deformed body parts chiefly by transfer of tissue; and (2) Reconstructive surgery shall mean surge…
Neb. Rev. Stat. § 48-120.02 Managed care plan; certification; application; requirements; conditions; dispute resolution procedure; required; independent medical examiner; compensation court; powers and duties; Attorney General; duties.
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(1) Any person or entity may make written application to the Nebraska Workers' Compensation Court to have a plan certified that provides management of quality treatment to injured employees for injuries and diseases compensable under the Nebraska Workers' Compensation Act. Any su…
Neb. Rev. Stat. § 48-120.03 Generic drugs; use.
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Any person or entity that dispenses medicines and medical supplies, as required by section 48-120, shall dispense the generic drug equivalent unless: (1) A generic drug equivalent is unavailable; or (2) The prescribing physician specifically provides in writing that a nongeneric …
Neb. Rev. Stat. § 48-120.04 Diagnostic Related Group inpatient hospital fee schedule; trauma services inpatient hospital fee schedule; established; applicability; adjustments; methodology; hospital; duties; reports; compensation court; powers and duties.
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(1) This section applies only to hospitals identified in subdivision (1)(c) of section 48-120. (2) For inpatient discharges on or after January 1, 2008, the Diagnostic Related Group inpatient hospital fee schedule shall be as set forth in this section, except as otherwise provide…
Neb. Rev. Stat. § 48-1201 Policy.
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It is declared to be the policy of this state (1) to establish a minimum wage for all workers at levels consistent with their health, efficiency and general well-being, and (2) to safeguard existing minimum wage compensation standards which are adequate to maintain the health, ef…
Neb. Rev. Stat. § 48-1202 Terms, defined.
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For purposes of the Wage and Hour Act, unless the context otherwise requires: (1) Employ shall include to permit to work; (2) Employer shall include any individual, partnership, limited liability company, association, corporation, business trust, legal representative, or organize…
Neb. Rev. Stat. § 48-1203 Minimum wage; youth minimum wage; adjustments.
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(1) Except as otherwise provided in this section and section 48-1203.01, every employer shall pay to each of his or her employees a minimum wage of: (a) Nine dollars per hour through December 31, 2022; (b) Ten dollars and fifty cents per hour on and after January 1, 2023, through…
Neb. Rev. Stat. § 48-1203.01 Training wage rate; adjustments; limitations.
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(1) An employer may pay a new employee who is at least sixteen years of age but younger than twenty years of age and who is not a seasonal or migrant worker or an emancipated minor a training wage rate as described in subsection (2) of this section for ninety days from the date t…
Neb. Rev. Stat. § 48-1205 Sections; posting.
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Every employer subject to the provisions of sections 48-1201 to 48-1209 shall keep a summary of sections 48-1201 to 48-1209, furnished by the Commissioner of Labor without charge, posted in a conspicuous place on or about the premises wherein any person subject to the provisions …
Neb. Rev. Stat. § 48-1206 Commissioner of Labor; subpoena records and witnesses; violations; penalty; civil actions.
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(1) The Commissioner of Labor shall have the authority to subpoena records and witnesses related to the enforcement of section 48-1203 and this section. The commissioner or his or her agent may inspect all related records and gather testimony on any matter relative to the enforce…
Neb. Rev. Stat. § 48-1207 Bargaining collectively; sections not applicable.
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Nothing in sections 48-1201 to 48-1209 shall be deemed to interfere with, impede or in any way diminish the right of employees to bargain collectively with their employers through representatives of their own choosing in order to establish wages or other conditions of work in exc…
Neb. Rev. Stat. § 48-1208 Other laws; applicability of sections.
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Any standards relating to minimum wage, maximum hours, or other working conditions in effect on October 23, 1967, by or under any other law of this state, which are more favorable to employees than those applicable to such employees under the provisions of sections 48-1201 to 48-…
Neb. Rev. Stat. § 48-1209 Act, how cited.
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Sections 48-1201 to 48-1209 shall be known and may be cited as the Wage and Hour Act.
Neb. Rev. Stat. § 48-1209.01 Police; firefighters; cities having a population of more than 10,000 inhabitants; minimum salaries.
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The officers and members of the police and paid fire departments of cities of the metropolitan and primary classes and of cities of the first class having a population of more than ten thousand inhabitants as determined by the most recent federal decennial census or the most rece…
Neb. Rev. Stat. § 48-121 Compensation; schedule; total, partial, and temporary disability; injury to specific parts of the body; amounts and duration of payments.
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The following schedule of compensation is hereby established for injuries resulting in disability: (1) For total disability, the compensation during such disability shall be sixty-six and two-thirds percent of the wages received at the time of injury, but such compensation shall …
Neb. Rev. Stat. § 48-121.01 Maximum and minimum weekly income benefit; amounts; Governor; power to suspend.
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(1)(a)(i) Commencing July 1, 1991, the maximum weekly income benefit under sections 48-121 and 48-122 shall be two hundred sixty-five dollars. (ii) Commencing June 1, 1994, the maximum weekly income benefit under sections 48-121 and 48-122 shall be three hundred ten dollars. (iii…
Neb. Rev. Stat. § 48-121.02 State average weekly wage; how determined.
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For purposes of section 48-121.01, the state average weekly wage shall be determined by the administrator of the Nebraska Workers' Compensation Court as follows: On or before October 1 of each year, the total insured wages reported to the Department of Labor for the preceding cal…