reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-609 - Personnel; powers of commissioner; bond or insurance; retirement system.

48-609.
Personnel; powers of commissioner; bond or insurance; retirement system.
(1) Subject to other provisions of the Employment Security Law, the Commissioner of Labor is authorized to appoint, fix the compensation of, and prescribe the duties and powers of such officers, accountants, attorneys, experts, and other persons as may be necessary in the performance of his or her duties under such law. The commissioner may delegate to any such person such power and authority as he or she deems reasonable and proper for the effective administration of such law. Employees handling money or signing warrants under such law shall be bonded or insured as required by section 11-201. The commissioner may pay the share of the premium from the Employment Security Administration Fund. The commissioner shall classify positions under such law and shall establish salary schedules and minimum personnel standards for the positions so classified. The commissioner shall follow State Personnel System rules, regulations, and contract requirements for appointments, promotions, demotions, and terminations for cause based upon ratings of efficiency and fitness.
(2) Any person employed by the department and paid from funds provided pursuant to Title III of the Social Security Act or funds from other federal sources shall be enrolled in the State Employees Retirement System of the State of Nebraska when he or she becomes eligible.
Source
Laws 1937, c. 108, § 11, p. 391;
Laws 1939, c. 56, § 8, p. 246;
C.S.Supp.,1941, § 48-711;
R.S.1943, § 48-609;
Laws 1961, c. 240, § 1, p. 715;
Laws 1978, LB 653, § 10;
Laws 1984, LB 747, § 3;
Laws 1985, LB 339, § 10;
Laws 1987, LB 272, § 1;
Laws 1989, LB 29, § 1;
Laws 2004, LB 884, § 21;
Laws 2017, LB172, § 10.
Cross References
State Employees Retirement Act, see section 84-1331.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-611 - Commissioner; general duties.

48-611.
Commissioner; general duties.
The Commissioner of Labor, with the advice and aid of advisory councils, shall take all appropriate steps to reduce and prevent unemployment; to encourage and assist in the adoption of practical methods of vocational training, retraining, and vocational guidance; to investigate, recommend, advise, and assist in the establishment and operation, by municipalities, counties, school districts, and the state, of reserves for public works to be used in times of business depression and unemployment; to promote the reemployment of unemployed workers throughout the state in every other way that may be feasible; and to these ends to carry on and publish the results of investigations and research studies.
Source
Laws 1937, c. 108, § 11, p. 392;
C.S.Supp.,1941, § 48-711;
R.S.1943, § 48-611;
Laws 1984, LB 747, § 4.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-612 - Employers; records and reports required; privileged communications; violation; penalty.

48-612.
Employers; records and reports required; privileged communications; violation; penalty.
(1) Each employer, whether or not subject to the Employment Security Law, shall keep true and accurate work records containing such information as required by the Commissioner of Labor. Such records shall be open to inspection and be subject to being copied by the commissioner or his or her authorized representatives at any reasonable time and as often as may be necessary. The commissioner and a hearing officer may require from any such employer any sworn or unsworn reports, with respect to persons employed by it, deemed necessary for the effective administration of such law. Except as otherwise provided in section 48-612.01, information obtained pursuant to this section or obtained from any employer or individual pursuant to the administration of the Employment Security Law shall be held confidential.
(2) Any employee of the commissioner who violates any provision of sections 48-606 to 48-616 shall be guilty of a Class III misdemeanor.
(3) All letters, reports, communications, or any other matters, either oral or written, from an employer or his or her workers to each other or to the commissioner or any of his or her agents, representatives, or employees written or made in connection with the requirements and administration of the Employment Security Law, or the rules and regulations thereunder, shall be absolutely privileged. Any such letters, reports, communications, or other matters shall not be made the subject matter or basis for any suit for slander or libel in any court of this state, unless the same be false in fact and malicious in intent.
Source
Laws 1937, c. 108, § 11, p. 392;
C.S.Supp.,1941, § 48-711;
R.S.1943, § 48-612;
Laws 1945, c. 115, § 2, p. 381;
Laws 1977, LB 40, § 290;
Laws 1985, LB 339, § 11;
Laws 1993, LB 757, § 31;
Laws 2001, LB 192, § 5;
Laws 2007, LB265, § 6;
Laws 2017, LB172, § 11.
Annotations
Information provided to the Department of Labor in connection with the requirements of the Employment Security Law is privileged and cannot be the basis for a libel suit unless the information is both false and malicious. Molt v. Lindsay Mfg. Co., 248 Neb. 81, 532 N.W.2d 11 (1995).
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-613 - Oaths; depositions; subpoenas.

48-613.
Oaths; depositions; subpoenas.
In the discharge of the duties imposed by the Employment Security Law, the Commissioner of Labor, an impartial hearing officer employed by the Department of Labor, and any duly authorized representative of any of them shall have power to administer oaths and affirmations, take depositions, certify to official acts, and issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda, and other records deemed necessary as evidence in connection with a disputed claim or the administration of such law.
Source
Laws 1937, c. 108, § 11, p. 393;
C.S.Supp.,1941, § 48-711;
R.S.1943, § 48-613;
Laws 1985, LB 339, § 12;
Laws 2001, LB 192, § 6;
Laws 2017, LB172, § 13.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-614 - Subpoenas; contumacy or disobedience; punishable as contempt; penalty.

48-614.
Subpoenas; contumacy or disobedience; punishable as contempt; penalty.
The Commissioner of Labor, a hearing officer, or a duly authorized representative of the commissioner may petition a court to enforce a subpoena issued by the commissioner or a hearing officer in case of contumacy by any person or refusal of any person to obey such a subpoena. Any court of this state which has subject matter jurisdiction and has venue jurisdiction of the place where the person guilty of contumacy or refusal to obey is found, resides, or transacts business has jurisdiction to issue such person an order requiring him or her to appear before the commissioner, a hearing officer, or a duly authorized representative and to produce evidence or give testimony if so ordered touching the matter under investigation or in question. Any failure to obey such order of the court may be punished by the court as contempt. Any person who without just cause fails or refuses to attend and testify or to answer any lawful inquiry or to produce books, papers, correspondence, memoranda, and other records, if it is in his or her power so to do, in obedience to a subpoena of the commissioner, a hearing officer, or a duly authorized representative shall be guilty of a Class III misdemeanor. Each day such violation continues shall be a separate offense.
Source
Laws 1937, c. 108, § 11, p. 393;
C.S.Supp.,1941, § 48-711;
R.S.1943, § 48-614;
Laws 1977, LB 40, § 291;
Laws 2001, LB 192, § 7;
Laws 2017, LB172, § 14.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-616 - Commissioner of Labor; cooperation with Secretary of Labor of the United States; duties.

48-616.
Commissioner of Labor; cooperation with Secretary of Labor of the United States; duties.
In the administration of the Employment Security Law, the Commissioner of Labor shall cooperate, to the fullest extent consistent with such law, with the Secretary of Labor of the United States. The commissioner is authorized and directed to adopt appropriate rules and regulations, administrative methods, and standards, as may be necessary to secure to this state and its citizens all advantages available under the Social Security Act, under sections 3303 and 3304 of the Federal Unemployment Tax Act, and under the Act of Congress entitled An act to provide for the establishment of a national employment system and for cooperation with states in the promotion of such system, and for other purposes, approved June 6, 1933, as amended. The commissioner shall comply with the regulations of the Secretary of Labor relating to the receipt or expenditure by this state of money granted under any of such acts. The commissioner shall make such reports, in such form and containing such information as the Secretary of Labor may from time to time require, and shall comply with such provisions as the Secretary of Labor may from time to time find necessary to assure the correctness and verification of such reports. Upon request, the commissioner shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment the name, address, ordinary occupation, and employment status of each recipient of benefits and such recipient's rights to further benefits under the Employment Security Law. The commissioner may afford reasonable cooperation with every agency of the United States charged with the administration of any unemployment insurance law.
Source
Laws 1937, c. 108, § 11, p. 394;
Laws 1939, c. 56, § 8, p. 247;
Laws 1941, c. 94, § 16, p. 401;
C.S.Supp.,1941, § 48-711;
R.S.1943, § 48-616;
Laws 1961, c. 238, § 3, p. 709;
Laws 1985, LB 339, § 13;
Laws 2017, LB172, § 15.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-617 - Unemployment Compensation Fund; establishment; composition; investment.

48-617.
Unemployment Compensation Fund; establishment; composition; investment.
(1) There is hereby established as a special fund, separate and apart from all public money or funds of this state, an Unemployment Compensation Fund. The fund shall be administered by the Commissioner of Labor exclusively for the purposes of the Employment Security Law. The fund shall consist of:
(a) All contributions and payments in lieu of contributions collected under such law together with any interest thereon collected pursuant to sections 48-655 to 48-660.01, except as provided in subdivision (1)(b) of section 48-621;
(b) Interest earned upon any money in the fund;
(c) Any property or securities acquired through the use of money belonging to the fund;
(d) All earnings of such property or securities;
(e) All money credited to this state's account in the Unemployment Trust Fund pursuant to section 903 of the federal Social Security Act, as amended; and
(f) All other money received for the fund from any other source.
(2) Any money in the Unemployment Compensation Fund available for investment by the State of Nebraska shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 1937, c. 108, § 9, p. 387;
Laws 1939, c. 56, § 7, p. 243;
C.S.Supp.,1941, § 48-709;
R.S.1943, § 48-617;
Laws 1947, c. 175, § 4, p. 572;
Laws 1957, c. 208, § 1, p. 728;
Laws 1969, c. 584, § 48, p. 2374;
Laws 1972, LB 1392, § 3;
Laws 1985, LB 339, § 14;
Laws 1995, LB 1, § 2;
Laws 1995, LB 7, § 46;
Laws 2000, LB 953, § 3;
Laws 2017, LB172, § 16.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-620 - Unemployment Trust Fund; discontinuance.

48-620.
Unemployment Trust Fund; discontinuance.
(1) The provisions of sections 48-617 to 48-619, to the extent that they relate to the Unemployment Trust Fund, shall be operative only so long as such Unemployment Trust Fund continues to exist and so long as the Secretary of the Treasury of the United States of America continues to maintain for this state a separate book account of all funds deposited therein by this state for benefit purposes. The separate book account for this state shall also include the state's proportionate share of earnings from the Unemployment Trust Fund, from which no other state is permitted to make withdrawals. If and when the Unemployment Trust Fund ceases to exist or such separate book account is no longer maintained, all money, properties, or securities therein belonging to the Unemployment Compensation Fund of this state shall be transferred to the treasurer of the Unemployment Compensation Fund.
(2) If advances to the Unemployment Trust Fund under Title XII of the federal Social Security Act are necessary, any interest required to be paid on such advances shall be paid in a timely manner and shall not be paid by this state, directly or indirectly, by an equivalent reduction in state unemployment taxes or otherwise, from amounts in the Unemployment Compensation Fund.
Source
Laws 1937, c. 108, § 9, p. 388;
Laws 1939, c. 56, § 7, p. 245;
C.S.Supp.,1941, § 48-709;
R.S.1943, § 48-620;
Laws 1969, c. 584, § 49, p. 2375;
Laws 1984, LB 746, § 1;
Laws 1995, LB 7, § 47;
Laws 2017, LB172, § 19.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-622 - Funds lost and improper expenditures; replacement; reimbursement.

48-622.
Funds lost and improper expenditures; replacement; reimbursement.
This state recognizes its obligation to replace, and hereby pledges the faith of this state that funds will be provided in the future, and applied to the replacement of, any money received from the Secretary of Labor of the United States under Title III of the Social Security Act, any unencumbered balances in the Employment Security Administration Fund, any money granted to this state pursuant to the Wagner-Peyser Act, and any money made available by the state or its political subdivisions and matched by such money granted to this state pursuant to the Wagner-Peyser Act, which the Secretary of Labor finds has, because of any action or contingency, been lost or has been expended for purposes other than, or in amounts in excess of, those found necessary by the Secretary of Labor for the proper administration of the Employment Security Law. To the extent possible such money shall be promptly replaced by money appropriated for such purpose from the Employment Security Special Contingent Fund of this state to the Employment Security Administration Fund for expenditure as provided in section 48-621.
Source
Laws 1941, c. 94, § 10, p. 398;
C.S.Supp.,1941, § 48-712;
R.S.1943, § 48-622;
Laws 1949, c. 163, § 6, p. 423;
Laws 1961, c. 238, § 4, p. 710;
Laws 1985, LB 339, § 18.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-622.01 - State Unemployment Insurance Trust Fund; created; use; investment; commissioner; powers and duties; cessation of state unemployment insurance tax; effect.

48-622.01.
State Unemployment Insurance Trust Fund; created; use; investment; commissioner; powers and duties; cessation of state unemployment insurance tax; effect.
(1) There is hereby created in the state treasury a special fund to be known as the State Unemployment Insurance Trust Fund. All state unemployment insurance tax collected under sections 48-648 to 48-661, less refunds, shall be paid into the fund. Such money shall be held in trust for payment of unemployment insurance benefits. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act, except that interest earned on money in the fund shall be credited to the Nebraska Training and Support Cash Fund at the end of each calendar quarter.
(2) The commissioner shall have the authority to determine when and in what amounts withdrawals from the State Unemployment Insurance Trust Fund for payment of benefits are necessary. Amounts withdrawn for payment of benefits shall be immediately forwarded to the Secretary of the Treasury of the United States of America to the credit of the state's account in the Unemployment Trust Fund, any provision of law in this state relating to the deposit, administration, release, or disbursement of money in the possession or custody of this state to the contrary notwithstanding.
(3) If and when the state unemployment insurance tax ceases to exist as determined by the Governor, all money then in the State Unemployment Insurance Trust Fund less accrued interest shall be immediately transferred to the credit of the state's account in the Unemployment Trust Fund, any provision of law in this state relating to the deposit, administration, release, or disbursement of money in the possession or custody of this state to the contrary notwithstanding. The determination to eliminate the state unemployment insurance tax shall be based on the solvency of the state's account in the Unemployment Trust Fund and the need for training of Nebraska workers. Accrued interest in the State Unemployment Insurance Trust Fund shall be credited to the Nebraska Training and Support Cash Fund.
Source
Laws 1994, LB 1337, § 4;
Laws 1995, LB 7, § 48;
Laws 2009, LB631, § 2;
Laws 2011, LB378, § 23;
Laws 2014, LB906, § 16;
Laws 2014, LB997, § 1;
Laws 2017, LB172, § 21.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-622.02 - Nebraska Training and Support Cash Fund; created; use; investment; Administrative Costs Reserve Account; created; use.

48-622.02.
Nebraska Training and Support Cash Fund; created; use; investment; Administrative Costs Reserve Account; created; use.
(1) The Nebraska Training and Support Cash Fund is created. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act. No expenditures shall be made from the Nebraska Training and Support Cash Fund without the written authorization of the Governor upon the recommendation of the commissioner. Any interest earned on money in the State Unemployment Insurance Trust Fund shall be credited to the Nebraska Training and Support Cash Fund.
(2) Money in the Nebraska Training and Support Cash Fund shall be used for (a) administrative costs of establishing, assessing, collecting, and maintaining state unemployment insurance tax liability and payments, (b) administrative costs of creating, operating, maintaining, and dissolving the State Unemployment Insurance Trust Fund and the Nebraska Training and Support Cash Fund, (c) support of public and private job training programs designed to train, retrain, or upgrade work skills of existing Nebraska workers of for-profit and not-for-profit businesses, (d) recruitment of workers to Nebraska, (e) training new employees of expanding Nebraska businesses, (f) retention of existing employees of Nebraska businesses, (g) the costs of creating a common web portal for the attraction of businesses and workers to Nebraska, (h) developing and conducting labor availability and skills gap studies pursuant to the Sector Partnership Program Act, for which money may be transferred to the Sector Partnership Program Fund as directed by the Legislature, and (i) payment of unemployment insurance benefits if solvency of the state's account in the Unemployment Trust Fund and of the State Unemployment Insurance Trust Fund so require.
(3) The Administrative Costs Reserve Account is created within the Nebraska Training and Support Cash Fund. Money shall be allocated from the Nebraska Training and Support Cash Fund to the Administrative Costs Reserve Account in amounts sufficient to pay the anticipated administrative costs identified in subsection (2) of this section.
(4) The State Treasurer shall transfer two hundred fifty thousand dollars from the Nebraska Training and Support Cash Fund to the Sector Partnership Program Fund no later than July 15, 2016.
Source
Laws 1994, LB 1337, § 5;
Laws 1995, LB 7, § 49;
Laws 2009, LB631, § 3;
Laws 2012, LB911, § 1;
Laws 2014, LB997, § 2;
Laws 2016, LB1110, § 13;
Laws 2017, LB172, § 22;
Laws 2023, LB191, § 11.
Operative Date: September 2, 2023
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
Sector Partnership Program Act, see section 48-3401.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-622.03 - Nebraska Worker Training Board; created; members; chairperson; annual program plan; report.

48-622.03.
Nebraska Worker Training Board; created; members; chairperson; annual program plan; report.
(1) There is hereby created the Nebraska Worker Training Board. The board shall consist of seven members appointed and serving for terms determined by the Governor as follows:
(a) A representative of employers in Nebraska;
(b) A representative of employees in Nebraska;
(c) A representative of the public;
(d) The Commissioner of Labor or a designee;
(e) The Director of Economic Development or a designee;
(f) The Commissioner of Education or a designee; and
(g) The chairperson of the governing board of the Nebraska Community College Association or a designee.
(2) The chairperson of the Nebraska Worker Training Board shall be the representative of the employers in Nebraska.
(3) By July 1 of each year, the board shall prepare an annual program plan for the upcoming fiscal year containing guidelines for the program financed by the Nebraska Training and Support Cash Fund. The guidelines shall include, but not be limited to, guidelines for certifying training providers, criteria for evaluating requests for the use of money under section 48-622.02, and guidelines for requiring employers to provide matching funds. The guidelines shall give priority to training that contributes to the expansion of the Nebraska workforce and increasing the pool of highly skilled workers in Nebraska.
(4) By December 31 of each year, the Department of Labor shall provide a report to the Governor covering the activities of the program financed by the Nebraska Training and Support Cash Fund for the previous fiscal year. The report shall contain an assessment of the effectiveness of the program and its administration.
Source
Laws 1994, LB 1337, § 6;
Laws 2009, LB631, § 4;
Laws 2014, LB997, § 3;
Laws 2017, LB172, § 23;
Laws 2019, LB359, § 4;
Laws 2020, LB1016, § 1.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-623 - Benefits; how paid.

48-623.
Benefits; how paid.
All benefits provided in the Employment Security Law shall be payable from the Unemployment Compensation Fund. All benefits shall be paid through employment offices in accordance with rules and regulations adopted and promulgated by the Commissioner of Labor.
Source
Laws 1937, c. 108, § 3, p. 374;
Laws 1939, c. 56, § 2, p. 233;
Laws 1941, c. 94, § 2, p. 381;
C.S.Supp.,1941, § 48-703;
R.S.1943, § 48-623;
Laws 1985, LB 339, § 19;
Laws 2017, LB172, § 24.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-624 - Benefits; weekly benefit amount; calculation.

48-624.
Benefits; weekly benefit amount; calculation.
For any benefit year beginning on or after January 1, 2018:
(1) An individual's weekly benefit amount shall be one-half of his or her average weekly wage rounded down to the nearest even whole dollar amount, but shall not exceed one-half of the state average weekly wage as annually determined under section 48-121.02;
(2) For purposes of this section, an individual's average weekly wage shall equal the wages paid for insured work in the highest quarter of the base period divided by thirteen; and
(3) Any change in the weekly benefit amounts prescribed in this section or in the maximum annual benefit amount prescribed in section 48-626 shall be applicable for the calendar year following the annual determination made pursuant to section 48-121.02.
Source
Laws 1937, c. 108, § 3, p. 375;
Laws 1939, c. 56, § 2, p. 233;
Laws 1941, c. 94, § 2, p. 381;
C.S.Supp.,1941, § 48-703;
R.S.1943, § 48-624;
Laws 1945, c. 114, § 2, p. 371;
Laws 1949, c. 163, § 1, p. 423;
Laws 1951, c. 157, § 1, p. 630;
Laws 1953, c. 168, § 1, p. 541;
Laws 1955, c. 190, § 5, p. 542;
Laws 1957, c. 209, § 1, p. 738;
Laws 1959, c. 229, § 1, p. 802;
Laws 1963, c. 291, § 1, p. 870;
Laws 1965, c. 286, § 1, p. 819;
Laws 1967, c. 299, § 1, p. 814;
Laws 1969, c. 401, § 1, p. 1394;
Laws 1971, LB 651, § 4;
Laws 1972, LB 1391, § 1;
Laws 1973, LB 333, § 1;
Laws 1974, LB 775, § 1;
Laws 1975, LB 475, § 1;
Laws 1977, LB 337, § 1;
Laws 1979, LB 183, § 1;
Laws 1983, LB 524, § 1;
Laws 1985, LB 216, § 1;
Laws 1987, LB 446, § 1;
Laws 1990, LB 315, § 1;
Laws 1994, LB 286, § 2;
Laws 1998, LB 225, § 1;
Laws 2005, LB 739, § 5;
Laws 2007, LB265, § 8;
Laws 2017, LB172, § 25.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-625 - Benefits; weekly payment; how computed; suspension; conditions.

48-625.
Benefits; weekly payment; how computed; suspension; conditions.
(1) Except as provided in subsection (4) of this section, each eligible individual who is unemployed in any week shall be paid with respect to such week a benefit in an amount equal to his or her full weekly benefit amount if he or she has wages payable to him or her with respect to such week equal to one-fourth of such benefit amount or less. In the event he or she has wages payable to him or her with respect to such week greater than one-fourth of such benefit amount, he or she shall be paid with respect to that week an amount equal to the individual's weekly benefit amount less that part of wages payable to the individual with respect to that week in excess of one-fourth of the individual's weekly benefit amount. In the event there is any deduction from such individual's weekly benefit amount because of earned wages pursuant to this subsection or as a result of the application of section 48-628.02, the resulting benefit payment, if not an exact dollar amount, shall be computed to the next lower dollar amount.
(2) Any amount of unemployment compensation payable to any individual for any week, if not an even dollar amount, shall be rounded to the next lower full dollar amount.
(3) The percentage of benefits and the percentage of extended benefits which are federally funded may be adjusted in accordance with the Balanced Budget and Emergency Deficit Control Act of 1985, Public Law 99-177.
(4) To the extent authorized under federal law, if an individual is eligible for an equal or greater weekly benefit amount under a federal unemployment program than the weekly benefit amount which the individual is eligible for under the Employment Security Law, the commissioner shall suspend the payment of state unemployment benefits to such individual while such individual is receiving the federal unemployment benefit. Such suspension shall terminate upon the individual's exhaustion of benefits available under the federal unemployment program. An individual shall not be eligible to receive the federal weekly benefit and the state unemployment weekly benefit during the same week. This subsection shall not apply to any federal unemployment benefit which is paid in addition to the state weekly benefit amount.
Source
Laws 1937, c. 108, § 3, p. 375;
Laws 1939, c. 56, § 2, p. 234;
Laws 1941, c. 94, § 2, p. 382;
C.S.Supp.,1941, § 48-703;
R.S.1943, § 48-625;
Laws 1949, c. 163, § 8, p. 424;
Laws 1953, c. 167, § 5, p. 531;
Laws 1980, LB 800, § 2;
Laws 1982, LB 801, § 1;
Laws 1983, LB 248, § 3;
Laws 1986, LB 950, § 2;
Laws 1987, LB 461, § 1;
Laws 1995, LB 1, § 6;
Laws 1999, LB 608, § 3;
Laws 2005, LB 739, § 8;
Laws 2015, LB271, § 5;
Laws 2017, LB172, § 26;
Laws 2022, LB567, § 1.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-627.01 - Benefits; monetary eligibility; earned wages; adjustment.

48-627.01.
Benefits; monetary eligibility; earned wages; adjustment.
(1) In addition to the requirements of section 48-627, for any benefit year beginning on or after January 1, 2018, an unemployed individual shall be monetarily eligible to receive benefits if the commissioner finds he or she has:
(a) Earned total wages for employment by employers equal to not less than four thousand one hundred forty-five dollars and seventy-four cents within his or her base period. Of such total wages, at least one thousand eight hundred fifty dollars shall have been paid in one quarter in his or her base period and eight hundred dollars shall have been paid in a second quarter of his or her base period; and
(b) Earned wages in insured work of at least six times his or her weekly benefit amount for the previous benefit year subsequent to filing the claim which establishes the previous benefit year.
(2) Beginning on January 1, 2019, and each January 1 thereafter, the amount which an individual is required to earn within his or her base period under subdivision (1)(a) of this section shall be adjusted annually. The adjusted amount shall be equal to the then current amount adjusted by the cumulative percentage change in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the one-year period ending on the previous September 30. If such adjusted amount is not a whole dollar amount, the adjusted amount shall be rounded down to the nearest whole dollar amount.
(3) For purposes of this section:
(a) For the determination of monetary eligibility, wages paid within a base period shall not include wages from any calendar quarter previously used to establish a valid claim for benefits; and
(b) For benefit purposes, wages shall be counted as wages for insured work with respect to any benefit year only if such benefit year begins subsequent to the date on which the employer, by whom such wages were paid, has satisfied the conditions of section 48-603 or subsection (3) of section 48-661 with respect to becoming an employer.
Source
Laws 2017, LB172, § 29.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-628.01 - Benefits; disqualification; receipt of other unemployment benefits.

48-628.01.
Benefits; disqualification; receipt of other unemployment benefits.
An individual shall be disqualified for benefits for any week with respect to which, or a part of which, he or she has received or is seeking unemployment benefits under an unemployment compensation law of any other state or of the United States. If the appropriate agency of such other state or of the United States finally determines that he or she is not entitled to such unemployment benefits, the disqualification provided in this section shall not apply.
Source
Laws 2017, LB172, § 31.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-628.02 - Benefits; disqualification; receipt of other remuneration.

48-628.02.
Benefits; disqualification; receipt of other remuneration.
(1) An individual shall be disqualified for benefits for any week in which he or she is receiving or has received remuneration in the form of:
(a) Wages in lieu of notice or a dismissal or separation allowance;
(b) Vacation leave pay, including that received in a lump sum or upon separation from employment;
(c) Compensation for temporary disability under the workers’ compensation law of any state or under a similar law of the United States;
(d) Retirement or retired pay, pension, annuity, or other similar periodic payment under a plan maintained or contributed to by a base period or chargeable employer; or
(e) A gratuity or a bonus from an employer, paid after termination of employment, on account of prior length of service, or disability not compensated under the workers’ compensation law.
(2) Payments described in subsection (1) of this section that are made in a lump sum shall be prorated in an amount which is reasonably attributable to such week. If the prorated remuneration is less than the benefits which would otherwise be due, he or she shall be entitled to receive for such week, if otherwise eligible, benefits reduced by the amount of such remuneration. The prorated remuneration shall be considered wages for the quarter to which it is attributed.
(3) Military service-connected disability compensation payable under 38 U.S.C. chapter 11 and primary insurance benefits payable under Title II of the Social Security Act, as amended, or similar payments under any act of Congress shall not be deemed to be disqualifying or deductible from the benefit amount.
(4) No deduction shall be made for the part of any retirement pension which represents return of payments made by the individual. In the case of a transfer by an individual or his or her employer of an amount from one retirement plan to a second qualified retirement plan under the Internal Revenue Code, the amount transferred shall not be deemed to be received by the claimant until actually paid from the second retirement plan to the claimant.
(5) No deduction shall be made for any benefit received under a supplemental unemployment benefit plan described in subdivision (35)(g) of section 48-602.
(6) No deduction shall be made for any supplemental payments received by a claimant under the provisions of subsection (b) of section 408 of Title IV of the Veterans’ Readjustment Assistance Act of 1952.
Source
Laws 2017, LB172, § 32.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-628.03 - Benefits; disqualification; student.

48-628.03.
Benefits; disqualification; student.
(1) An individual shall be disqualified for benefits for any week of unemployment if such individual is a student unless the major portion of his or her wages for insured work during his or her base period was for services performed while attending school. Attendance at a school, college, or university for training purposes, under a plan approved by the commissioner for such individual, shall not be disqualifying.
(2) For purposes of this section, student means an individual who is registered for full-time status at and regularly attends an established school, college, university, training facility, or other educational institution or who is on vacation during or between two successive academic years or terms.
Source
Laws 2017, LB172, § 33.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-628.04 - Benefits; disqualification; alien.

48-628.04.
Benefits; disqualification; alien.
(1) An individual shall be disqualified for unemployment benefits for any week if the services upon which such benefits are based are performed by an alien. This section shall apply unless such alien:
(a) Is an individual who was lawfully admitted for permanent residence at the time such services were performed;
(b) Was lawfully present for purposes of performing such services; or
(c) Was permanently residing in the United States under color of law at the time such services were performed, including an alien who was lawfully present in the United States as a result of the application of section 212(d)(5) of the Immigration and Nationality Act, 8 U.S.C. 1182(d)(5).
(2) Any data or information required of individuals applying for benefits to determine whether benefits are not payable to them because of their alien status shall be uniformly required from all applicants for benefits. In the case of an individual whose application for benefits would otherwise be approved, no determination that benefits to such individual are not payable because of his or her alien status shall be made except upon a preponderance of the evidence.
Source
Laws 2017, LB172, § 34.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-628.05 - Benefits; disqualification; sports or athletic events.

48-628.05.
Benefits; disqualification; sports or athletic events.
An individual shall be disqualified for unemployment benefits for any week if substantially all the services upon which such benefits are based consist of participating in sports or athletic events or training or preparing to so participate, if:
(1) Such week of unemployment begins during the period between two successive sport seasons or similar periods;
(2) Such individual performed such services in the first of such seasons or similar periods; and
(3) There is a reasonable assurance that such individual will perform such services in the later of such seasons or similar periods.
Source
Laws 2017, LB172, § 35.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-628.06 - Benefits; disqualification; educational institution.

48-628.06.
Benefits; disqualification; educational institution.
An individual shall be disqualified for benefits for any week of unemployment if claimed benefits are based on services performed:
(1) In an instructional, research, or principal administrative capacity for an educational institution, if:
(a) Such week commences during the period between two successive academic years or terms, or when an agreement provides instead for a similar period between two regular, but not successive, terms during such period;
(b) Such individual performs such services in the first of such academic years or terms; and
(c) There is a contract or reasonable assurance that such individual will perform services in any such capacity for any educational institution in the second of such academic years or terms;
(2) In any other capacity for an educational institution, if such week commences during a period between two successive academic years or terms, such individual performs such services in the first of such academic years or terms, and there is a reasonable assurance that such individual will perform such services in the second of such academic years or terms. If benefits are denied to any individual for any week under this subdivision and such individual was not offered an opportunity to perform such services for the educational institution for the second of such academic years or terms, such individual shall be entitled to a retroactive payment of the benefits for each week for which the individual filed a timely claim for benefits and for which benefits were denied solely by reason of this subdivision;
(3) In any capacity described in subdivision (1) or (2) of this section in an educational institution while in the employ of an educational service agency, and such individual shall be disqualified as specified in subdivisions (1) and (2) of this section. As used in this subdivision, educational service agency means a governmental agency or governmental entity which is established and operated exclusively for the purpose of providing services to one or more educational institutions;
(4) In any capacity described in subdivision (1) or (2) of this section in an educational institution if such services are provided to or on behalf of the educational institution while in the employ of an organization or entity described in section 3306(c)(7) or 3306(c)(8) of the Federal Unemployment Tax Act, 26 U.S.C. 3306(c)(7) or (8), and such individual shall be disqualified as specified in subdivisions (1), (2), and (3) of this section; and
(5) In any capacity described in subdivision (1) or (2) of this section if such week commences during an established and customary vacation period or holiday recess if such individual performs such services in the period immediately before such vacation period or holiday recess, and there is a reasonable assurance that such individual will perform such services in the period immediately following such vacation period or holiday recess.
Source
Laws 2017, LB172, § 36.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-628.07 - Benefits; training.

48-628.07.
Benefits; training.
(1) Notwithstanding any other provisions of the Employment Security Law, no otherwise eligible individual shall be denied benefits for any week because he or she is in training approved under section 236(a)(1) of the federal Trade Act of 1974, 19 U.S.C. 2296(a)(1). Such an individual shall not be denied benefits by reason of leaving work to enter such training if the work left is not suitable employment or because of the application to any such week in training of provisions of the Employment Security Law, or any applicable federal unemployment compensation law, relating to availability for work, active search for work, or refusal to accept work.
(2) For purposes of this section, suitable employment means, with respect to an individual, work of a substantially equal or higher skill level than the individual's past adversely affected employment, as defined for purposes of the federal Trade Act of 1974, and wages for such work at not less than eighty percent of the individual's average weekly wage as determined for purposes of such act.
Source
Laws 2017, LB172, § 37.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-628.09 - Benefits; disqualification; labor dispute.

48-628.09.
Benefits; disqualification; labor dispute.
(1) An individual shall be disqualified for benefits for any week with respect to which the commissioner finds that his or her total unemployment is due to a stoppage of work which exists because of a labor dispute at the factory, establishment, or other premises where he or she is or was last employed. This section shall not apply if it is shown to the satisfaction of the commissioner that:
(a) The individual is not participating in, financing, or directly interested in the labor dispute which caused the stoppage of work; and
(b) He or she does not belong to a grade or class of workers that includes members who, immediately before the commencement of the stoppage, were employed at the premises where the stoppage occurs and who are participating, financing, or directly interested in the dispute.
(2) If in any case, separate branches of work, which are commonly conducted as separate businesses in separate premises, are conducted in separate departments of the same premises, each such department shall, for purposes of this section, be deemed to be a separate factory, establishment, or other premises.
Source
Laws 2017, LB172, § 39.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-628.10 - Benefits; disqualification; discharge for misconduct.

48-628.10.
Benefits; disqualification; discharge for misconduct.
(1) An individual shall be disqualified for benefits for the week in which he or she has been discharged for misconduct connected with his or her work, if so found by the commissioner, and for the fourteen weeks immediately thereafter.
(2) If the commissioner finds that the individual was discharged for misconduct that was not gross, flagrant, and willful or unlawful but which included being under the influence of any intoxicating beverage or any controlled substance listed in section 28-405 not prescribed by a physician licensed to practice medicine or surgery while the individual is on the worksite or while the individual is engaged in work for the employer, the commissioner shall cancel all wage credits earned as a result of employment with the discharging employer.
(3) If the commissioner finds that the individual’s misconduct was gross, flagrant, and willful, or was unlawful, the commissioner shall totally disqualify such individual from receiving benefits with respect to wage credits earned prior to discharge for such misconduct.
Source
Laws 2017, LB172, § 40.
Annotations
An employee who is discharged for refusing an employer's order to complete a task is discharged for misconduct only if the order refused was reasonable under the circumstances. Badawi v. Albin, 311 Neb. 603, 973 N.W.2d 714 (2022).
In a disputed claim for unemployment benefits, the employer bears the burden of proving an individual is disqualified from receiving benefits because he or she was discharged for misconduct. Badawi v. Albin, 311 Neb. 603, 973 N.W.2d 714 (2022).
Misconduct includes behavior which evidences (1) wanton and willful disregard of the employer's interests, (2) deliberate violation of rules, (3) disregard of standards of behavior which the employer can rightfully expect from the employee, or (4) negligence which manifests culpability, wrongful intent, evil design, or intentional and substantial disregard of the employer's interests or of the employee's duties and obligations. Badawi v. Albin, 311 Neb. 603, 973 N.W.2d 714 (2022).
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-628.11 - Benefits; disqualification; multiple disqualifications for prohibited acts by employee.

48-628.11.
Benefits; disqualification; multiple disqualifications for prohibited acts by employee.
An individual shall be disqualified for benefits for any week of unemployment benefits or for waiting week credit if he or she has been disqualified from the receipt of benefits pursuant to section 48-663.01 two or more times in the five-year period immediately prior to filing his or her most recent claim. This section shall not apply if the individual has repaid in full all overpayments established in conjunction with the disqualifications assessed under section 48-663.01 during that five-year period.
Source
Laws 2017, LB172, § 41.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-628.12 - Benefits; disqualification; leave work voluntarily without good cause.

48-628.12.
Benefits; disqualification; leave work voluntarily without good cause.
An individual shall be disqualified for benefits:
(1) For any benefit year beginning before October 1, 2018:
(a) For the week in which he or she has left work voluntarily without good cause, if so found by the commissioner, and for the thirteen weeks immediately thereafter. For purposes of this subdivision, a temporary employee of a temporary help firm has left work voluntarily without good cause if the temporary employee does not contact the temporary help firm for reassignment upon completion of an assignment and the temporary employee has been advised by the temporary help firm of his or her obligation to contact the temporary help firm upon completion of assignments and has been advised by the temporary help firm that the temporary employee may be denied benefits for failure to do so; or
(b) For the week in which he or she has left work voluntarily for the sole purpose of accepting previously secured, permanent, full-time, insured work, if so found by the commissioner, and for the two weeks immediately thereafter. For this subdivision to apply, such work shall:
(i) Be accepted by the individual;
(ii) Offer a reasonable expectation of betterment of wages or working conditions, or both; and
(iii) Enable the individual to earn wages payable to him or her; or
(2) For any benefit year beginning on or after October 1, 2018, for the week in which he or she has left work voluntarily without good cause, if so found by the commissioner, and for all subsequent weeks until the individual has earned wages in insured work in an amount of at least four times his or her weekly benefit amount and has separated from the most recent subsequent employment under nondisqualifying conditions. For purposes of this subdivision, a temporary employee of a temporary help firm has left work voluntarily without good cause if the temporary employee does not contact the temporary help firm for reassignment upon completion of an assignment and the temporary employee has been advised by the temporary help firm of his or her obligation to contact the temporary help firm upon completion of assignments and has been advised by the temporary help firm that the temporary employee may be denied benefits for failure to do so.
Source
Laws 2017, LB172, § 42.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-628.16 - Extended benefits; payments not required; when.

48-628.16.
Extended benefits; payments not required; when.
(1) Except as provided in subsection (2) of this section, payment of extended benefits shall not be made to any individual for any week if (a) extended benefits would, but for this section, have been payable for such week pursuant to an interstate claim filed in any state under the interstate benefit payment plan, and (b) an extended benefit period is not in effect for such week in such state.
(2) Subsection (1) of this section shall not apply with respect to the first two weeks for which extended benefits are payable, determined without regard to this section, pursuant to an interstate claim filed under the interstate benefit payment plan to the individual from the extended benefit account established for the benefit year.
Source
Laws 1981, LB 470, § 6;
R.S.1943, (2010), § 48-628.04;
Laws 2017, LB172, § 46.