Chapter 48 — LABOR
917 sections in this chapter.
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…
Transferred to section 48-1101.
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[Repealed or reserved.]
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…
Repealed. Laws 1971, LB 572, § 33.
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[Repealed or reserved.]
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…
Repealed. Laws 1987, LB 474, § 3.
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[Repealed or reserved.]
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…
Repealed. Laws 1969, c. 389, § 10.
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[Repealed or reserved.]
Repealed. Laws 1969, c. 389, § 10.
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[Repealed or reserved.]
Repealed. Laws 1969, c. 389, § 10.
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[Repealed or reserved.]
Repealed. Laws 1969, c. 389, § 10.
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[Repealed or reserved.]
Repealed. Laws 1969, c. 389, § 10.
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[Repealed or reserved.]
Repealed. Laws 1969, c. 389, § 10.
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[Repealed or reserved.]
Repealed. Laws 1969, c. 389, § 10.
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[Repealed or reserved.]
Repealed. Laws 1969, c. 389, § 10.
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[Repealed or reserved.]
Repealed. Laws 1969, c. 389, § 10.
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[Repealed or reserved.]
Neb. Rev. Stat. § 48-1219 Discriminatory wage practices based on sex; policy.
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(1) The practice of discriminating on the basis of sex by paying wages to employees of one sex at a lesser rate than the rate paid to employees of the opposite sex for comparable work on jobs which have comparable requirements: (a) Unjustly discriminates against the person receiv…
Neb. Rev. Stat. § 48-122 Compensation; injuries causing death; amount and duration of payments; computation of wages; expenses of burial; alien dependents; appointment of attorney in fact; bond; filing required.
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(1) If death results from injuries and the deceased employee leaves one or more dependents dependent upon his or her earnings for support at the time of injury, the compensation, subject to section 48-123, shall be not more than the maximum weekly income benefit specified in sect…