reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-193 - Terms, defined.

48-193.
Terms, defined.
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 acting as, instrumentalities or agencies of the State of Nebraska, including the University of Nebraska and the state colleges, but shall not include corporations that are essentially private corporations or entities created pursuant to the Interlocal Cooperation Act or the Joint Public Agency Act. State agency shall not be construed to include any contractor with the State of Nebraska except and unless such contractor comes within the provisions of section 48-116;
(2) Employee of the state shall mean any one or more officers or employees of the state or any state agency and shall include duly appointed members of boards or commissions when they are acting in their official capacity. State employee shall not be construed to include any employee of an entity created pursuant to the Interlocal Cooperation Act or the Joint Public Agency Act or any contractor with the State of Nebraska unless such contractor comes within the provisions of section 48-116;
(3) Workers' compensation claim shall mean any claim against the State of Nebraska arising under the Nebraska Workers' Compensation Act; and
(4) Award shall mean any amount determined by the Risk Manager and the Attorney General to be payable to a claimant under sections 48-192 to 48-1,109 or the amount of any compromise or settlement under such sections.
Source
Laws 1971, LB 390, § 2;
Laws 1986, LB 811, § 122;
Laws 1991, LB 6, § 1;
Laws 1991, LB 81, § 3;
Laws 1999, LB 87, § 75;
Laws 2019, LB418, § 2.
Cross References
Interlocal Cooperation Act, see section 13-801.
Joint Public Agency Act, see section 13-2501.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-194 - Risk Manager; authority; Attorney General; duties.

48-194.
Risk Manager; authority; Attorney General; duties.
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 conferred upon the Attorney General to consider, ascertain, adjust, determine, and allow any workers' compensation claim. If any such claim is compromised or settled, the approval of the claimant, the Risk Manager, and the Attorney General shall be required and such settlements also shall be approved by the Nebraska Workers' Compensation Court following the procedure in the Nebraska Workers' Compensation Act.
Source
Laws 1971, LB 390, § 3;
Laws 1972, LB 1334, § 1;
Laws 1981, LB 273, § 10;
Laws 1986, LB 811, § 123;
Laws 1993, LB 757, § 29;
Laws 2019, LB418, § 3.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-195 - Rules and regulations.

48-195.
Rules and regulations.
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.
Source
Laws 1971, LB 390, § 4;
Laws 1986, LB 811, § 124;
Laws 2000, LB 1221, § 15;
Laws 2019, LB418, § 4.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-196 - State agency; handle claims; Attorney General; supervision.

48-196.
State agency; handle claims; Attorney General; supervision.
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.
Source
Laws 1971, LB 390, § 5;
Laws 1986, LB 811, § 125;
Laws 2000, LB 1221, § 16;
Laws 2019, LB418, § 5.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-197 - Claims; filing; investigation; report.

48-197.
Claims; filing; investigation; report.
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 claims. Whenever any state agency receives notice or has knowledge of any alleged injury under the Nebraska Workers' Compensation Act, such state agency shall immediately file a first report of such alleged injury with the Nebraska Workers' Compensation Court and the Risk Manager and shall file such other forms as may be required by such court or the Risk Manager.
Source
Laws 1971, LB 390, § 6;
Laws 1972, LB 1334, § 2;
Laws 1981, LB 273, § 11;
Laws 1986, LB 811, § 126;
Laws 1992, Third Spec. Sess., LB 14, § 2;
Laws 2019, LB418, § 6.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-198 - Suits; filing; attorney's fee; expenses; allowance.

48-198.
Suits; filing; attorney's fee; expenses; allowance.
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 award or judgment to the attorney representing the employee or his or her personal representatives, except as provided in section 48-125.
Source
Laws 1971, LB 390, § 7;
Laws 1986, LB 811, § 127.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-199 - Suits; liability of state.

48-199.
Suits; liability of state.
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 offer to settle any claim made under sections 48-192 to 48-1,109 shall not be competent evidence of liability of the state or any employee or amount of damages.
Source
Laws 1971, LB 390, § 8.
Annotations
Under former law, in order to harmonize this section and sections 48-1,102 and 48-125 in the context of waiting-time penalties in a manner which is consistent with the overall purpose of the Nebraska Workers' Compensation Act, the Supreme Court holds that in order to avoid assessment of a waiting-time penalty with respect to that portion of a workers' compensation award against the State which exceeds $50,000, the State must request review and appropriation of such amount during the first legislative session following the date the award became final and must pay such amount within 30 calendar days after the approval of the appropriation by the Legislature. Soto v. State, 270 Neb. 40, 699 N.W.2d 819 (2005).
One of the tests of compensability under the Workmen's Compensation Act, in cases related to recreational or social activities, is whether the employer derives substantial direct benefit from the activity. Kuethe v. State, 191 Neb. 167, 214 N.W.2d 380 (1974).
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1,100 - Attorney General; represent state; duties; powers.

48-1,100.
Attorney General; represent state; duties; powers.
The Attorney General shall represent the state in any suit brought under sections 48-192 to 48-1,109, and is authorized to compromise or settle any such suit, with the approval of the Nebraska Workers' Compensation Court.
Source
Laws 1971, LB 390, § 9;
Laws 1975, LB 187, § 17;
Laws 1986, LB 811, § 128.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1,101 - Attorney General; delegation of powers and duties.

48-1,101.
Attorney General; delegation of powers and duties.
The Attorney General may authorize the deputy attorney general in charge of the Claims Division of the Department of Justice to perform any of the duties imposed upon the Attorney General by sections 48-192 to 48-1,109, and may employ other persons, firms, or corporations to investigate claims under sections 48-192 to 48-1,109.
Source
Laws 1971, LB 390, § 10.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1,102 - Award or judgment; payment; procedure.

48-1,102.
Award or judgment; payment; procedure.
Any final, nonappealable award or judgment in favor of a claimant under sections 48-192 to 48-1,109 shall be certified by the Attorney General to the Risk Manager and to the Director of Administrative Services. The Director of Administrative Services shall promptly issue his or her warrant for payment of such award or judgment out of the Workers' Compensation Claims Revolving Fund, if sufficient money is available in such fund, except that no portion in excess of one hundred thousand dollars of any award or judgment shall be paid until such award or judgment has been reviewed by the Legislature and specific appropriation made therefor. Notice of any portion of an award or judgment in excess of one hundred thousand dollars shall be delivered by the Risk Manager to the chairperson of the Business and Labor Committee of the Legislature at the next regular session of the Legislature convening after the date the award or judgment becomes final and nonappealable. Delivery of any warrant in satisfaction of an award or judgment shall be made only upon receipt of a written receipt by the claimant in a form provided by the Attorney General.
Source
Laws 1971, LB 390, § 11;
Laws 1986, LB 811, § 129;
Laws 1994, LB 1211, § 2;
Laws 2005, LB 13, § 31.
Annotations
Under former law, in order to harmonize this section and sections 48-199 and 48-125 in the context of waiting-time penalties in a manner which is consistent with the overall purpose of the Nebraska Workers' Compensation Act, the Supreme Court holds that in order to avoid assessment of a waiting-time penalty with respect to that portion of a workers' compensation award against the State which exceeds $50,000, the State must request review and appropriation of such amount during the first legislative session following the date the award became final and must pay such amount within 30 calendar days after the approval of the appropriation by the Legislature. Soto v. State, 270 Neb. 40, 699 N.W.2d 819 (2005).
Under former law, with respect to that portion of a workers' compensation award against the State which exceeds $50,000, the 30-day period specified in subsection (1) of section 48-125 does not begin until the first day after the judgment becomes final on which the State could request review and appropriation pursuant to this section during a regular session of the Legislature. A waiting-time penalty may be assessed pursuant to section 48-125 if payment is not made within 30 calendar days thereafter. Soto v. State, 269 Neb. 337, 693 N.W.2d 491 (2005).
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1,103 - Workers' Compensation Claims Revolving Fund; established; deficiency; notify Legislature; investment.

48-1,103.
Workers' Compensation Claims Revolving Fund; established; deficiency; notify Legislature; investment.
There is hereby established in the state treasury a Workers' Compensation Claims Revolving Fund, to be administered by the Risk Manager, from which all workers' compensation costs, including prevention and administration, shall be paid. The fund may also be used to pay the costs of administering the Risk Management Program. The fund shall receive deposits from assessments against state agencies charged by the Risk Manager to pay for workers' compensation costs. When the amount of money in the Workers' Compensation Claims Revolving Fund is not sufficient to pay any awards or judgments under sections 48-192 to 48-1,109, the Risk Manager shall immediately advise the Legislature and request an emergency appropriation to satisfy such awards and judgments. Any money in the Workers' Compensation Claims Revolving 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.
Source
Laws 1971, LB 390, § 12;
Laws 1981, LB 273, § 12;
Laws 1986, LB 811, § 130;
Laws 1994, LB 1211, § 3;
Laws 1995, LB 7, § 45;
Laws 2011, LB378, § 22.
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 › 48-1,104 - Risk Manager; report; contents.

48-1,104.
Risk Manager; report; contents.
The Risk Manager shall submit electronically a report to the Clerk of the Legislature by January 15 of each year, which report shall include the number of claims for which payments have been made, the amounts paid by categories of medical, hospital, compensation, and other costs separated by the agency and program or activity under which the claim arose. Each member of the Legislature shall receive an electronic copy of such report by making a request for it to the Risk Manager.
Source
Laws 1971, LB 390, § 13;
Laws 1972, LB 1334, § 3;
Laws 1977, LB 399, § 1;
Laws 1979, LB 322, § 16;
Laws 1981, LB 545, § 52;
Laws 1981, LB 273, § 13;
Laws 2012, LB782, § 59.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1,105 - Immunity of state reserved; exception.

48-1,105.
Immunity of state reserved; exception.
From and after August 27, 1971, the authority of any state agency to sue or be sued in its own name shall not be construed to authorize suits against such state agency on workers' compensation claims except as authorized in sections 48-192 to 48-1,109. The remedies provided by sections 48-192 to 48-1,109 in such cases shall be exclusive.
Source
Laws 1971, LB 390, § 14;
Laws 1986, LB 811, § 131.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1,106 - Sections, how construed.

48-1,106.
Sections, how construed.
Nothing in sections 48-192 to 48-1,109 shall be deemed to repeal any provision of law authorizing any state agency to consider, ascertain, adjust, compromise, settle, determine, allow, or pay any claim other than a workers' compensation claim as defined in sections 48-192 to 48-1,109.
Source
Laws 1971, LB 390, § 15;
Laws 1986, LB 811, § 132.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1,107 - Insurance; Risk Manager; purchase; when.

48-1,107.
Insurance; Risk Manager; purchase; when.
The Risk Manager may, if after proper investigation he or she deems it to be in the best interests of the state, purchase a policy or policies of insurance for investigation, servicing, and payment, or any one or two of such factors, of workers' compensation to protect the agencies and their employees. Such policy or policies shall contain such conditions, requirements, limitations, and amounts deemed necessary by the Risk Manager. The Risk Manager shall purchase such policy or policies by public letting and payment shall be made therefor out of the State Insurance Fund created pursuant to section 81-8,239.02.
Source
Laws 1971, LB 390, § 16;
Laws 1981, LB 273, § 14;
Laws 1986, LB 811, § 133;
Laws 2000, LB 1221, § 17.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1,108 - Insurance policy; applicability; company; Attorney General; Risk Manager; cooperate.

48-1,108.
Insurance policy; applicability; company; Attorney General; Risk Manager; cooperate.
Whenever a claim or suit against the state is covered by workers' compensation insurance, the provisions of the insurance policy on defense and settlement shall be applicable notwithstanding any inconsistent provisions of sections 48-192 to 48-1,109. The Attorney General and the Risk Manager shall cooperate with the insurance company.
Source
Laws 1971, LB 390, § 17;
Laws 1986, LB 811, § 134;
Laws 2019, LB418, § 7.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1,109 - Employees; information; furnish; refusal; effect.

48-1,109.
Employees; information; furnish; refusal; effect.
When any employee is injured in any accident or suffers any occupational disease arising out of or in the course of his or her employment, such employee as soon as practicable shall report full information on such occurrence to the head of the agency by which he or she is employed. The head of the agency shall furnish immediately all available information on such occurrence to the Risk Manager. All employees shall cooperate fully with the Attorney General in the investigation of all workers' compensation claims. Failure to comply with this section shall constitute grounds for dismissal from employment.
Source
Laws 1971, LB 390, § 18;
Laws 1972, LB 1334, § 4;
Laws 1981, LB 273, § 15;
Laws 1986, LB 811, § 135.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1,110 - Act, how cited.

48-1,110.
Act, how cited.
Sections 48-101 to 48-1,117 shall be known and may be cited as the Nebraska Workers' Compensation Act.
Source
Laws 1986, LB 811, § 136;
Laws 1986, LB 1036, § 2;
Laws 1990, LB 313, § 4;
Laws 1992, LB 360, § 26;
Laws 1993, LB 757, § 30;
Laws 1997, LB 128, § 7;
Laws 1997, LB 474, § 7;
Laws 2005, LB 13, § 32;
Laws 2007, LB588, § 5;
Laws 2010, LB780, § 3;
Laws 2011, LB151, § 16;
Laws 2015, LB480, § 5;
Laws 2019, LB418, § 9.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1,112 - Laws 2011, LB151, changes; applicability.

48-1,112.
Laws 2011, LB151, changes; applicability.
Cases pending before the Nebraska Workers' Compensation Court on August 27, 2011, in which a hearing on the merits has been held prior to such date shall not be affected by the changes made in sections 48-125, 48-145.01, 48-155, 48-156, 48-170, 48-178, 48-180, 48-182, and 48-185 by Laws 2011, LB151. Any cause of action not in suit on August 27, 2011, and any cause of action in suit in which a hearing on the merits has not been held prior to such date shall follow the procedures in such sections as amended by Laws 2011, LB151.
Source
Laws 2011, LB151, § 15.
Annotations
The hearing on a motion to enforce an award of compensation is the hearing on the merits referenced in this section. The hearing prior to the entry of the award is not the hearing on the merits referenced in this section. DeLeon v. Reinke Mfg. Co., 287 Neb. 419, 843 N.W.2d 601 (2014).
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1,113 - Insurance company and risk management pool; annual payment; amount; Director of Insurance; powers and duties.

48-1,113.
Insurance company and risk management pool; annual payment; amount; Director of Insurance; powers and duties.
Every insurance company which is transacting workers' compensation insurance business in this state shall on or before March 1 of each year pay to the Director of Insurance an amount equal to one percent of the gross amount of direct writing premiums received by the company during the preceding calendar year for workers' compensation insurance business transacted in this state. Every risk management pool providing workers' compensation group self-insurance coverage to any of its members shall on or before March 1 of each year pay to the Director of Insurance an amount equal to one percent of the annual contributions received by the pool to provide workers' compensation coverage less any amount paid for excess or aggregate workers' compensation insurance during the immediately preceding calendar year. For the purpose of calculating the amount due, a pool which has a scheme of operations that contemplates a return of a portion of the contributions of pool members without such members being claimants under the pool's insuring agreements may deduct such return contributions and any dividends paid during the immediately preceding calendar year that are attributable to workers' compensation. The computation of the amount shall be made on forms furnished by the Department of Insurance and shall be forwarded to the department together with a sworn statement by an appropriate fiscal officer of the company or the pool's chief operating officer attesting the accuracy of the computation. The department shall furnish the forms to the companies and risk management pools prior to the end of the year for which the amounts are payable together with any information deemed necessary or appropriate by the department.
Upon receipt of the payment, the director shall audit and examine the computations to determine that the proper amount has been paid. After notice and hearing in accordance with the Administrative Procedure Act, the Director of Insurance may rescind or refuse to reissue the certificate of authority of any company which fails to remit the amount due.
The Director of Insurance shall remit the amounts paid to the State Treasurer for credit to the Compensation Court Cash Fund, except that (1) when there is a dispute as to the amount payable, the proceeds shall be credited to a suspense account in the state treasury until disposition of the controversy and (2) one percent of the amounts received shall be credited to the Department of Insurance to cover the costs of administration.
Source
Laws 1993, LB 757, § 19;
Laws 1999, LB 259, § 15.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1,114 - Self-insurer; annual payment; amount.

48-1,114.
Self-insurer; annual payment; amount.
Every employer in the occupations described in section 48-106 who qualifies as a self-insurer and is issued a permit to self-insure shall remit to the State Treasurer for credit to the Compensation Court Cash Fund an annual amount equal to one and one-quarter percent of the prospective loss costs for like employment but in no event less than one hundred dollars. Prospective loss costs is defined in section 48-151. The compensation court is the sole judge as to the prospective loss costs that shall be used.
Source
Laws 1993, LB 757, § 20;
Laws 1999, LB 216, § 17.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1,115 - Other payments; cumulative.

48-1,115.
Other payments; cumulative.
The amounts required to be paid by insurance companies, risk management pools, and self-insurers under sections 48-1,113 and 48-1,114 shall be in addition to any other amounts, either in taxes, assessments, or otherwise, required by any other law of this state.
Source
Laws 1993, LB 757, § 21.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1,116 - Compensation Court Cash Fund; created; use; investment.

48-1,116.
Compensation Court Cash Fund; created; use; investment.
The Compensation Court Cash Fund is hereby created. The fund shall be used to aid in providing for the expense of administering the Nebraska Workers' Compensation Act and the payment of the salaries and expenses of the personnel of the Nebraska Workers' Compensation Court.
All fees received pursuant to sections 48-120, 48-120.02, 48-138, 48-139, 48-145.04, and 48-165 shall be remitted to the State Treasurer for credit to the Compensation Court Cash Fund. The fund shall also consist of amounts credited to the fund pursuant to sections 48-1,113, 48-1,114, and 77-912. The State Treasurer may receive and credit to the fund any money which may at any time be contributed to the state or the fund by the federal government or any agency thereof to which the state may be or become entitled under any act of Congress or otherwise by reason of any payment made from the fund.
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.
Source
Laws 1993, LB 757, § 22;
Laws 1994, LB 1066, § 35;
Laws 2002, LB 1310, § 5;
Laws 2005, LB 13, § 33;
Laws 2009, First Spec. Sess., LB3, § 24;
Laws 2017, LB331, § 24;
Laws 2018, LB945, § 11;
Laws 2019, LB293, § 30.
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 › 48-1,117 - Compensation Court Cash Fund; accounting; abatement of contributions.

48-1,117.
Compensation Court Cash Fund; accounting; abatement of contributions.
The Department of Administrative Services shall furnish monthly to the Nebraska Workers' Compensation Court a statement of the Compensation Court Cash Fund setting forth the balance in the fund as of the first day of the preceding month, the income and its sources, the payments from the fund in itemized form, and the balance in the fund on hand as of the last day of the preceding month.
At the close of business on June 30 of any year, if the balance in the fund is equal to or exceeds three times the sum expended and encumbered in the fiscal year then ending, the contributions to the fund pursuant to sections 48-1,113 and 48-1,114 shall abate for the calendar year next ensuing and only for that year and the compensation court shall notify all self-insurers and the Director of Insurance who shall notify all workers' compensation insurers and risk management pools of such abatement and of the date when such contributions shall resume. No abatement shall ever extend beyond one year.
Source
Laws 1993, LB 757, § 23;
Laws 2005, LB 238, § 16.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1,118 - Cost-benefit analysis and review of Laws 1993, LB 757; reports.

48-1,118.
Cost-benefit analysis and review of Laws 1993, LB 757; reports.
On January 1, 1997, the Governor shall direct the Director of Insurance and the Commissioner of Labor to conduct and complete a cost-benefit analysis and a review of the effectiveness of the changes made by Laws 1993, LB 757, to control or reduce the cost of workers' compensation premiums. Information for the study may be elicited from interested persons and from the Nebraska Workers' Compensation Court. The director and the commissioner shall submit a report, which may include recommendations for further legislation, to the chairperson of the Business and Labor Committee of the Legislature, the Clerk of the Legislature, and the Governor by October 1, 1997. The Business and Labor Committee of the Legislature shall hold a public hearing on the study and shall submit a report to the Legislature by December 1, 1997. The Governor or the Legislature, by resolution, may require a similar study in 1999 and every two years thereafter. Any report submitted to the committee and the Clerk of the Legislature shall be submitted electronically.
Source
Laws 1993, LB 757, § 40;
Laws 2012, LB782, § 60.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-202 - Public employer; applicant; disclosure of criminal record or history; limitation.

48-202.
Public employer; applicant; disclosure of criminal record or history; limitation.
(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 public employer has determined the applicant meets the minimum employment qualifications.
(2) This section does not apply to any law enforcement agency, to any position for which a public employer is required by federal or state law to conduct a criminal history record information check, or to any position for which federal or state law specifically disqualifies an applicant with a criminal background.
(3)(a) This section does not prevent a public employer that is a school district or educational service unit from requiring an applicant for employment to disclose an applicant's criminal record or history relating to sexual or physical abuse.
(b) This section does not prevent a public employer from preparing or delivering an employment application that conspicuously states that a criminal history record information check is required by federal law, state law, or the employer's policy.
(c) This section does not prevent a public employer from conducting a criminal history record information check after the public employer has determined that the applicant meets the minimum employment qualifications.
(4) For purposes of this section:
(a) Law enforcement agency means an agency or department of this state or of any political subdivision of this state which is responsible for the prevention and detection of crime, the enforcement of the penal, traffic, or highway laws of this state or any political subdivision of this state, and the enforcement of arrest warrants. Law enforcement agency includes a police department, an office of the town marshal, an office of the county sheriff, the Nebraska State Patrol, and any department to which a deputy state sheriff is assigned as provided in section 84-106; and
(b) Public employer means an agency or department of this state or of any political subdivision of this state.
Source
Laws 2014, LB907, § 12.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-203 - Legislative findings, declarations, and intent; veterans' program coordinator; qualifications; duties; Department of Veterans' Affairs; duties.

48-203.
Legislative findings, declarations, and intent; veterans' program coordinator; qualifications; duties; Department of Veterans' Affairs; duties.
(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:
(a) Increase efforts to create public awareness among veterans and their families about the benefits of living and working in Nebraska, including special initiatives enacted to make Nebraska a veteran-friendly state; and
(b) Develop new initiatives to better connect veterans to Nebraska's job market and the workforce development needs of employers.
(3) The position of veterans' program coordinator shall be maintained by the Department of Labor. The coordinator shall be a veteran and a full-time employee of the Department of Labor and shall:
(a) Seek advice and input from the Commission on Military and Veteran Affairs related to veterans' workforce development issues;
(b) Be a nonvoting, ex officio member of the Commission on Military and Veteran Affairs; and
(c) Submit an annual progress report to the Commission on Military and Veteran Affairs.
(4) The Department of Labor shall provide the necessary staff to assist the veterans' program coordinator in carrying out the purposes of this section.
(5) The Department of Veterans' Affairs shall:
(a) Develop a website, in collaboration with the Department of Labor, with a job-search tool specific to veterans. Such website shall be implemented on a date designated by the Director of Veterans' Affairs when sufficient cash funds have accumulated in the Veterans Employment Program Fund to develop such website, but no later than June 30, 2024; and
(b) Research best practices and websites specific to veterans from other states.
Source
Laws 2019, LB138, § 1.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-212 - Lunch hour; requirements; applicability.

48-212.
Lunch hour; requirements; applicability.
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 shall be unlawful for any such employer to require such employee or employees to remain in buildings or on the premises where their labor is performed. This section does not apply to employment that is covered by a valid collective-bargaining agreement or other written agreement between an employer and employee.
Source
Laws 1931, c. 96, § 1, p. 265;
C.S.Supp.,1941, § 48-215;
R.S.1943, § 48-212;
Laws 1955, c. 188, § 1, p. 536;
Laws 2004, LB 382, § 1.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-213 - Lunch hour; violation; penalty.

48-213.
Lunch hour; violation; penalty.
Any person, firm or corporation violating any of the provisions of section 48-212 shall be guilty of a Class III misdemeanor.
Source
Laws 1931, c. 96, § 2, p. 266;
C.S.Supp.,1941, § 48-216;
R.S.1943, § 48-213;
Laws 1977, LB 40, § 275.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-214 - Collective bargaining; race or color discrimination prohibited.

48-214.
Collective bargaining; race or color discrimination prohibited.
It is hereby declared to be the policy of this state that no representative agency of labor, in collective bargaining with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or other conditions of work, shall, in such collective bargaining, discriminate against any person because of his race or color. The Department of Labor shall be and hereby is charged with the duty of enforcement of this policy in conformity with Article I of the Constitution of Nebraska and section 1 of the Fourteenth Amendment to the Constitution of the United States of America.
Source
Laws 1941, c. 96, § 1, p. 406;
C.S.Supp.,1941, § 48-801;
R.S.1943, § 48-214.
Cross References
Actions of employees in collective bargaining with employers, designation of plaintiff, process, and execution of judgment, see sections 25-313 and 25-530.08.
Civil rights, see Chapter 20.
Annotations
Enforcement of policy of collective bargaining in labor disputes was a matter of statewide and not local concern. Midwest Employers Council, Inc. v. City of Omaha, 177 Neb. 877, 131 N.W.2d 609 (1964).
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-215 - Military supplies; production; distribution; discrimination prohibited.

48-215.
Military supplies; production; distribution; discrimination prohibited.
It shall be unlawful for any person, firm or corporation, engaged to any extent whatsoever in the State of Nebraska in the production, manufacture or distribution of military or naval material, equipment or supplies for the State of Nebraska or the government of the United States, to refuse to employ any person in any capacity, if said person is a citizen and is qualified, on account of the race, color, creed, religion or national origin of said person.
Source
Laws 1943, c. 114, § 1, p. 400;
R.S.1943, § 48-215.
Annotations
This section prohibits racial discrimination by persons producing or distributing military or naval supplies. Midwest Employers Council, Inc. v. City of Omaha, 177 Neb. 877, 131 N.W.2d 609 (1964).
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-216 - Military supplies; discrimination; violation; penalty.

48-216.
Military supplies; discrimination; violation; penalty.
Any person, firm or corporation, violating any of the provisions of section 48-215, shall be guilty of a Class III misdemeanor. Each violation of section 48-215 shall be a separate offense.
Source
Laws 1943, c. 114, § 2, p. 400;
R.S.1943, § 48-216;
Laws 1977, LB 40, § 276.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-217 - Labor organizations; membership or nonmembership; prohibited acts.

48-217.
Labor organizations; membership or nonmembership; prohibited acts.
To make operative the provisions of sections 13, 14 and 15 of Article XV of the Constitution of Nebraska, no person shall be denied employment because of membership in or affiliation with, or resignation or expulsion from a labor organization or because of refusal to join, affiliate with, or pay a fee either directly or indirectly to a labor organization; nor shall any individual or corporation or association of any kind enter into any contract, written or oral, to exclude persons from employment because of membership in or nonmembership in a labor organization.
Source
Laws 1947, c. 177, § 1, p. 585;
Laws 1961, c. 236, § 1, p. 699.
Annotations
Right to work was a right guaranteed by both state and federal Constitutions. Hanson v. Union Pacific R.R. Co., 160 Neb. 669, 71 N.W.2d 526 (1955).
Provisions of federal Railway Labor Act superseded and were controlling over requirements of this section. Railway Employees Department, American Federation of Labor v. Hanson, 351 U.S. 225 (1956).
Public policy that employment not be denied on basis of union membership includes public as well as private employment. American Federation of State, Co., & Mun. Emp. v. Woodward, 406 F.2d 137 (8th Cir. 1969).
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-218 - Labor organization, defined.

48-218.
Labor organization, defined.
The term labor organization means any organization of any kind, or any agency or employee representation committee or plan, which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.
Source
Laws 1947, c. 177, § 2, p. 585.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-219 - Labor organization; violation; penalty.

48-219.
Labor organization; violation; penalty.
Any individual, corporation or association that enters into a contract after September 7, 1947, in violation of the provisions of section 48-217, shall be guilty of a Class IV misdemeanor.
Source
Laws 1947, c. 177, § 3, p. 585;
Laws 1977, LB 40, § 277.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-220 - Medical examinations; employer, defined.

48-220.
Medical examinations; employer, defined.
As used in sections 48-220 to 48-223, unless the context otherwise requires, employer shall mean and include an individual, a partnership, a limited liability company, an association, a corporation, a legal representative, a trustee, a receiver, a trustee in bankruptcy, and any common carrier by rail, motor, water, air, or express company doing business in or operating within the state.
Source
Laws 1963, c. 280, § 1, p. 837;
Laws 1993, LB 121, § 286.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-221 - Medical examination; cost to applicant as condition of employment; unlawful; cost to employer.

48-221.
Medical examination; cost to applicant as condition of employment; unlawful; cost to employer.
It shall be unlawful for any employer, as defined in section 48-220, to require any applicant for employment, to pay the cost of a medical examination required by the employer as a condition of employment. When the employer requests an applicant for a position to submit to a medical examination, the employer shall assume the cost thereof.
Source
Laws 1963, c. 280, § 2, p. 837.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-222 - Medical examination as condition of employment; violation; penalty.

48-222.
Medical examination as condition of employment; violation; penalty.
Any employer who violates the provisions of section 48-221 shall be guilty of a Class V misdemeanor. Each violation shall constitute a separate offense. It shall be the duty of the Commissioner of Labor to enforce the provisions of sections 48-220 to 48-223.
Source
Laws 1963, c. 280, § 3, p. 837;
Laws 1977, LB 40, § 278.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-223 - Medical examination as condition of employment; exemptions from sections.

48-223.
Medical examination as condition of employment; exemptions from sections.
The provisions of sections 48-220 to 48-223 shall not apply to any employment relationship entered into by the state or any subdivision of the state when a physical examination is required by law as a condition of employment.
Source
Laws 1963, c. 280, § 4, p. 838.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-224 - Withholding of wages; when authorized.

48-224.
Withholding of wages; when authorized.
(1) Any employee of the State of Nebraska, any municipal corporation, or any public body or agency created by the laws of this state, who desires to participate voluntarily in any employee organization, credit union, or any community charity or public welfare plan approved by the Governor and the Director of Administrative Services, in the case of employees of the State of Nebraska, or by the duly elected governing body of such municipal corporation or other public body or agency, may execute an order authorizing the withholding from any wages or salary paid to such employee of a sum each month or pay period and the same to be paid to the designated recipient thereof. For purposes of this section, community charity includes any not-for-profit federation of health and human services agencies and associations.
(2) If a not-for-profit federation of health and human services agencies and associations is authorized pursuant to subsection (1) of this section, approval to similar not-for-profit federations shall also be granted on a similar equitable basis. For purposes of this subsection, a similar not-for-profit federation shall meet the following requirements:
(a) The federation has had an established office in the state for at least the last five years;
(b) The federation represents at least ten Nebraska-based health and human services agencies and associations in addition to the federation;
(c) The federation is a Nebraska corporation in good standing which holds a valid 501(c)(3) designation by the Internal Revenue Code;
(d) The federation and its agencies have an active, voluntary board which exercises administrative control over the federation and holds regular meetings; and
(e) The federation has a program focus and service delivery which is organized on either a statewide or regional basis.
Source
Laws 1967, c. 571, § 1, p. 1878;
Laws 1997, LB 622, § 76.
Annotations
A political subdivision is not compelled to check off dues for a union because it has certified the union and agreed to bargain with it. State ex rel. Council #32 v. City of Hastings, 214 Neb. 20, 332 N.W.2d 661 (1983).
Cited as indicating public policy allowing public employees to join labor union. American Federation of State, Co., & Mun. Emp. v. Woodward, 406 F.2d 137 (8th Cir. 1969).
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-225 - Veterans preference; terms, defined.

48-225.
Veterans preference; terms, defined.
For purposes of sections 48-225 to 48-231:
(1) Servicemember means a person who serves on active duty in the armed forces of the United States except for training;
(2) Veteran means:
(a) A person who served full-time duty with military pay and allowances in the armed forces of the United States, except for training or for determining physical fitness, and was discharged or otherwise separated with a characterization of honorable or general (under honorable conditions); or
(b) The spouse of a veteran who has a one hundred percent permanent disability as determined by the United States Department of Veterans Affairs;
(3) Full-time duty means duty during time of war or during a period recognized by the United States Department of Veterans Affairs as qualifying for veterans benefits administered by the department and that such duty from January 31, 1955, to February 28, 1961, exceeded one hundred eighty days unless lesser duty was the result of a service-connected or service-aggravated disability;
(4) Disabled veteran means an individual who has served on active duty in the armed forces of the United States, has been discharged or otherwise separated with a characterization of honorable or general (under honorable conditions) therefrom, and has established the present existence of a service-connected disability or is receiving compensation, disability retirement benefits, or pension because of a public statute administered by the United States Department of Veterans Affairs or a military department; and
(5) Preference eligible means any veteran as defined in this section or the spouse of a servicemember as defined in this section, except that for a spouse of a servicemember such preference is limited to the time during which the servicemember serves on active duty as described in subdivision (1) of this section and up to one hundred eighty days after the servicemember's discharge or separation from service.
Source
Laws 1969, c. 751, § 1, p. 2826;
Laws 1991, LB 2, § 6;
Laws 2001, LB 368, § 1;
Laws 2005, LB 54, § 7;
Laws 2014, LB588, § 2;
Laws 2017, LB639, § 1.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-226 - Veterans preference; required, when.

48-226.
Veterans preference; required, when.
A preference shall be given to preference eligibles seeking employment with the State of Nebraska or its governmental subdivisions. Such preference includes initial employment or a return to employment with the State of Nebraska or its governmental subdivisions if termination of previous employment was for other than disciplinary reasons.
Source
Laws 1969, c. 751, § 2, p. 2827;
Laws 1997, LB 5, § 1;
Laws 2017, LB639, § 2.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-227 - Veterans preference; examination or numerical scoring; notice and application; statement; veteran; duty; notice; contents.

48-227.
Veterans preference; examination or numerical scoring; notice and application; statement; veteran; duty; notice; contents.
(1) Veterans who obtain passing scores on all parts or phases of an examination or numerical scoring shall have five percent added to their passing score if a claim for such preference is made on the application. An additional five percent shall be added to the passing score or numerical scoring of any disabled veteran.
(2) When no examination or numerical scoring is used, the preference shall be given to the qualifying veteran if two or more equally qualified candidates are being considered for the position.
(3) All notices of positions of employment available for veterans preference and all applications for such positions by the state or its governmental subdivisions shall state that the position is subject to a veterans preference.
(4) A veteran desiring to use a veterans preference shall provide the hiring authority with a copy of the veteran's Department of Defense Form 214, also known as the DD Form 214, or its successor form or record. A spouse of a veteran desiring to use a veterans preference shall provide the hiring authority with a copy of the veteran's Department of Defense Form 214 or its successor form or record, a copy of the veteran's disability verification from the United States Department of Veterans Affairs demonstrating a one hundred percent permanent disability rating, and proof of marriage to the veteran. Any marriage claimed for veterans preference must be valid under Nebraska law.
(5) Within thirty days after filling a position, veterans who have applied and are not hired shall be notified by regular mail, electronic mail, telephone call, or personal service that they have not been hired. Such notice also shall advise the veteran of any administrative appeal available.
Source
Laws 1969, c. 751, § 3, p. 2827;
Laws 1997, LB 5, § 2;
Laws 2005, LB 54, § 8;
Laws 2014, LB588, § 3;
Laws 2018, LB497, § 1.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-229 - Veterans preference; Commissioner of Labor; duties.

48-229.
Veterans preference; Commissioner of Labor; duties.
It shall be the duty of the Commissioner of Labor to enforce the provisions of sections 48-225 to 48-231. The commissioner shall act on preference claims as follows:
(1) When the employing agency and the claimant are in disagreement or when there is doubt as to any preference claim, the commissioner shall adjudicate the claim based on information given in the claim, the documents supporting the claim, and information which may be received from the armed forces of the United States, the United States Department of Veterans Affairs, or the National Archives and Records Administration;
(2) The commissioner shall allow a tentative five-percent preference, pending receipt of additional information, to any person who claims either a five-percent or a ten-percent preference but who furnishes insufficient information to establish entitlement thereto at the time of examination; and
(3) The commissioner shall decide appeals from preference determinations made by any employing agency.
Source
Laws 1969, c. 751, § 5, p. 2827;
Laws 1991, LB 2, § 7;
Laws 2005, LB 54, § 9.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-230 - Veterans preference; violations; penalty.

48-230.
Veterans preference; violations; penalty.
Any person who violates sections 48-225 to 48-231 shall be guilty of a Class IV misdemeanor. Such person shall be prohibited from receiving any compensation from public funds until he or she complies with sections 48-225 to 48-231.
Source
Laws 1969, c. 751, § 6, p. 2827;
Laws 1977, LB 40, § 279;
Laws 2002, LB 722, § 1.