reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-231 - Veterans preference; county attorney; duties.

48-231.
Veterans preference; county attorney; duties.
The county attorneys, in their respective counties, shall prosecute, before any court of appropriate jurisdiction, all persons charged with violating sections 48-225 to 48-231.
Source
Laws 1969, c. 751, § 7, p. 2827;
Laws 2002, LB 722, § 2.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-232 - Anabolic steroids; terms, defined.

48-232.
Anabolic steroids; terms, defined.
For purposes of section 48-233:
(1) Anabolic steroid shall have the definition found in section 28-401;
(2) Employee shall mean any person, paid or unpaid, who in any way assists an entity in carrying out the business activities of such entity. Employee shall include an independent contractor;
(3) Institution shall mean any public elementary, secondary, or postsecondary educational institution;
(4) Political subdivision shall have the definition found in section 13-903;
(5) State agency shall have the definition of agency as found in section 81-1705; and
(6) Subordinate employee shall mean a person employed by the same employer as and directly or indirectly supervised in the course of such employment by an employee.
Source
Laws 1990, LB 571, § 8;
Laws 1992, LB 1019, § 35.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-233 - Anabolic steroids; employees; prohibited acts; sanction.

48-233.
Anabolic steroids; employees; prohibited acts; sanction.
(1) In addition to the penalties provided in the Uniform Controlled Substances Act, any employee of a state agency, political subdivision, or institution who possesses, dispenses, delivers, administers, uses, or knowingly allows a subordinate employee or a student attending such employee's employing institution to possess, dispense, deliver, administer, or use an anabolic steroid unless such substance is needed for a valid medical purpose:
(a) For the first conviction, shall be dismissed from employment and shall not be an employee of the dismissing entity or any other state agency, political subdivision, or institution for a period of one year after his or her dismissal; and
(b) For a second or any subsequent conviction, shall be dismissed from employment and shall not thereafter be an employee of the dismissing entity or any other state agency, political subdivision, or institution.
(2) Any sanction imposed pursuant to this section shall be subject to the Administrative Procedure Act except for those employees governed by sections 79-824 to 79-842.
(3) The use of an anabolic steroid for the purpose of hormonal manipulation that is intended to increase muscle mass, strength, or weight without a medical necessity to do so or for the intended purpose of improving physical appearance or performance in any form of exercise, sport, or game shall not be a valid medical purpose or in the course of professional practice.
Source
Laws 1990, LB 571, § 9;
Laws 1992, LB 1019, § 36;
Laws 1996, LB 900, § 1053.
Cross References
Administrative Procedure Act, see section 84-920.
Uniform Controlled Substances Act, see section 28-401.01.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-234 - Adoptive parent; leave of absence authorized; enforcement; attorney's fees.

48-234.
Adoptive parent; leave of absence authorized; enforcement; attorney's fees.
(1) Except as provided in subsection (2) of this section, whenever an employer, including a governmental agency, permits an employee to take a leave of absence upon the birth of the employee's child, an adoptive parent, following the commencement of the parent-child relationship, is entitled to the same leave upon the same terms.
(2) The adoptive parent leave of absence is not required if the child being adopted is a special needs child over eighteen years of age, a child who is over eight years of age and is not a special needs child, a stepchild being adopted by his or her stepparent, a foster child being adopted by his or her foster parent, or a child who was originally under a voluntary placement for purposes other than adoption without assistance from an attorney, physician, or other individual or agency which later results in a petition for the adoption of the child by the person with whom the voluntary placement was made.
(3) For purposes of this section, commencement of the parent-child relationship means when the child is placed with the employee for the purposes of adoption.
(4) Whenever an employer, including a governmental agency, refuses to extend a child-care leave of absence to an adoptive parent in violation of this section, an aggrieved adoptive parent may bring an action for equitable relief and damages. In all actions brought pursuant to this section, reasonable attorney's fees, as determined by the court, shall be awarded to the prevailing party if the prevailing party is the adoptive parent.
Source
Laws 1999, LB 134, § 1.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-235 - Law enforcement officers; ticket quota requirements; prohibited.

48-235.
Law enforcement officers; ticket quota requirements; prohibited.
A state agency or political subdivision shall not directly require a law enforcement officer employed by the state agency or political subdivision to issue a certain number or percentage of traffic citations, police citations, memoranda of traffic violations, memoranda of faulty equipment, or any other type of citation on any periodic basis. The purpose of this section is to prohibit all types of ticket quota requirements for law enforcement officers. For purposes of this section, law enforcement officer includes peace officers as defined in section 49-801 and conservation officers of the Game and Parks Commission.
Source
Laws 2000, LB 204, § 1.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-236 - Genetic testing; restrictions.

48-236.
Genetic testing; restrictions.
(1) For purposes of this section:
(a) Employee does not include an individual employed in the domestic service of any person;
(b) Employer means a person who has one or more employees;
(c) Genetic information means information about a gene, gene product, or inherited characteristic derived from a genetic test; and
(d) Genetic test means the analysis of human DNA, RNA, and chromosomes and those proteins and metabolites used to detect heritable or somatic disease-related genotypes or karyotypes for clinical purposes. A genetic test must be generally accepted in the scientific and medical communities as being specifically determinative for the presence, absence, or mutation of a gene or chromosome in order to qualify under this definition. Genetic test does not include a routine physical examination or a routine analysis, including a chemical analysis, of body fluids unless conducted specifically to determine the presence, absence, or mutation of a gene or chromosome.
(2) Except as otherwise required by federal law, an employer shall not:
(a) Fail or refuse to hire, recruit, or promote an employee or applicant for employment because of genetic information that is unrelated to the ability to perform the duties of a particular job or position;
(b) Discharge or otherwise discriminate against an employee or applicant with respect to compensation or the terms, conditions, or privileges of employment because of genetic information that is unrelated to the ability to perform the duties of a particular job or position;
(c) Limit, segregate, or classify an employee or applicant for employment in a way which deprives or tends to deprive an employee or applicant of employment opportunities or otherwise adversely affects the status of an employee or applicant because of genetic information that is unrelated to the ability to perform the duties of a particular job or position; or
(d) Require an employee or applicant for employment to submit to a genetic test or to provide genetic information as a condition of employment or promotion.
(3) Subsection (2) of this section does not prohibit an employee from voluntarily providing to an employer genetic information that is related to the employee's health or safety in the workspace. Subsection (2) of this section does not prohibit an employer from using genetic information received from an employee under this subsection to protect the employee's health or safety.
(4) This section shall not apply to the employment of an individual by his or her parent, spouse, or child.
Source
Laws 2001, LB 432, § 3.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-238 - Veterans preference in private employment; policy; notice to Commissioner of Labor; registry.

48-238.
Veterans preference in private employment; policy; notice to Commissioner of Labor; registry.
(1) For purposes of this section:
(a) Private employer means a sole proprietorship, a corporation, a partnership, an association, a limited liability company, or any other entity with one or more employees;
(b) Veteran means (i) 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 (ii) the spouse of a veteran who (A) has a one hundred percent permanent disability as determined by the United States Department of Veterans Affairs or (B) was killed in hostile action; and
(c) Voluntary veterans preference employment policy means a private employer's voluntary preference for hiring and promoting a veteran over another equally qualified applicant or employee.
(2) A private employer may adopt a voluntary veterans preference employment policy. Such policy shall be in writing and applied uniformly to decisions regarding hiring and promotion.
(3) If a private employer offers a voluntary veterans preference employment policy, a veteran desiring to use such policy shall provide the private employer 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 such preference shall provide the private employer with a copy of the veteran's Department of Defense Form 214 or its successor form or record, proof of marriage to the veteran, and either (a) a copy of the veteran's disability verification from the United States Department of Veterans Affairs demonstrating a one hundred percent permanent disability rating or (b) a copy of the veteran's Department of Defense Form 1300 or its successor form documenting that the veteran was killed in hostile action.
(4) If a private employer implements a voluntary veterans preference employment policy, it shall notify the Commissioner of Labor of such policy. The commissioner shall use the information to maintain a registry of the private employers that have a voluntary veterans preference employment policy in Nebraska.
(5) A voluntary veterans preference employment policy shall not be considered a violation of any state or local equal employment opportunity law including the Nebraska Fair Employment Practice Act.
Source
Laws 2015, LB272, § 1;
Laws 2018, LB497, § 2.
Cross References
Nebraska Fair Employment Practice Act, see section 48-1125.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-301 - Terms, defined.

48-301.
Terms, defined.
For purposes of sections 48-302 to 48-313:
(1) Employment means (a) service for wages or (b) being under a contract of hire, written or oral, express or implied. Employment, other than detasseling, does not include any employment for which the employer is not liable for payment of the combined tax or payment in lieu of contributions under section 48-648, 48-649 to 48-649.04, or 48-660.01; and
(2) Detasseling means the removal of weeds, off-type and rogue plants, and corn tassels in hand pollinating and in any other engagement in hand labor in the production of seed.
Source
Laws 1995, LB 330, § 1;
Laws 2001, LB 180, § 3;
Laws 2017, LB172, § 3.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-302.01 - Children; golf caddy; exempt from provisions of section.

48-302.01.
Children; golf caddy; exempt from provisions of section.
Section 48-302 shall not be construed to apply to the employment of any child solely as a caddy on any golf course or place where golf is played.
Source
Laws 1961, c. 237, § 1, p. 700;
Laws 1987, LB 35, § 1.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-302.02 - Parent or person standing in loco parentis; exemption.

48-302.02.
Parent or person standing in loco parentis; exemption.
Section 48-302 shall not apply to a parent or a person standing in loco parentis who employs and directly supervises his or her own child or a child in his or her custody in a business owned and operated by such parent or person standing in loco parentis. This section shall not exempt such an employer from the restrictions on hours of work, work, or place of performance described in sections 48-310 and 48-313.
Source
Laws 1993, LB 162, § 1.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-302.03 - Detasseling; employment; conditions; exemption.

48-302.03.
Detasseling; employment; conditions; exemption.
(1) A child under the age of twelve shall not be employed in detasseling.
(2) A child who is at least twelve years but less than sixteen years of age may be employed in detasseling if:
(a) The employment is outside of school hours during the month of June, July, or August;
(b) The employer of such child obtains the written consent of a parent of the child or a person standing in loco parentis to the child for the child to be so employed;
(c) The child is domiciled within seventy-five miles of the location where the labor is to be performed; and
(d) The child does not work more than forty-eight hours in any one week, nor more than nine hours in any one day, nor before the hour of 6 in the morning, nor after the hour of 8 in the evening if the child is under the age of fourteen, nor after the hour of 10 in the evening if the child is between the ages of fourteen and sixteen. Transportation time shall not be counted under this subdivision nor shall time spent during work breaks or waiting time spent during storm events if no work is required during those periods.
(3) Sections 48-302 and 48-310 do not apply to employment of a child in detasseling if the requirements of subsection (2) of this section are met.
(4) This section does not apply to a parent or a person standing in loco parentis who employs and directly supervises his or her own child or a child in his or her custody in a business owned and operated by such parent or person standing in loco parentis.
Source
Laws 2001, LB 180, § 1.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-302.04 - Detasseling; employer; requirements.

48-302.04.
Detasseling; employer; requirements.
(1) An employer who employs a child under sixteen years of age in detasseling shall provide at least two supervisors who are eighteen years of age or older at each location where detasseling is being performed by a child under sixteen years of age. The supervisors shall be capable of assisting with issues of health, safety, and wages, including bonuses and incentive payments.
(2) An employer who employs a child under sixteen years of age in detasseling shall provide the parents of such child with an information sheet defining the terms of employment, including, but not limited to, the availability of water and sanitary facilities on the job and wage, bonus, and incentive payment information. The information sheet shall set forth the name, address, and telephone number of the Division of Safety and Labor Standards of the Department of Labor for purposes of filing complaints concerning nonpayment of wages.
Source
Laws 2001, LB 180, § 2.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-303 - Employment certificate; approval by school officer; report; investigation.

48-303.
Employment certificate; approval by school officer; report; investigation.
Except as otherwise provided in this section, an employment certificate shall be approved only by the principal of the school the child attends or by a person authorized by him or her in writing or, when there is no principal, by a person authorized by the chief administrative officer of the school or the superintendent of the school district in which the child resides, except that no person authorized by this section may approve such certificate for any child then in or about to enter his or her own employment or the employment of a firm or corporation of which he or she is a member, officer, or employee or in whose business he or she is interested. If a child who resides in an adjoining state seeks to work in Nebraska, the Department of Labor may approve the employment certificate. The officer or person approving such certificate may administer the oath provided for therein or in any investigation or examination necessary for the approval thereof. No fee shall be charged for approving any such certificate or for administering any oath or rendering any services related thereto. The school approving the employment certificate, or the department if the department has approved the employment certificate, shall establish and maintain proper records where copies of all such certificates and all documents connected therewith shall be filed and preserved and shall provide the necessary clerical services for carrying out sections 48-302 to 48-313. The person who issued the employment certificate shall report to the department any complaint concerning the conditions of employment of a child for whom a certificate is in force. Upon receipt of the report, the department shall make such investigation as it deems advisable to protect an individual child or to promote the youth-work program.
Source
Laws 1907, c. 66, § 3, p. 260;
R.S.1913, § 3577;
Laws 1919, c. 190, tit. IV, art. III, § 3, p. 551;
C.S.1922, § 7671;
C.S.1929, § 48-303;
R.S.1943, § 48-303;
Laws 1967, c. 296, § 2, p. 805;
Laws 1987, LB 35, § 2;
Laws 1999, LB 272, § 19;
Laws 2001, LB 180, § 4;
Laws 2018, LB377, § 6;
Laws 2022, LB780, § 4.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-304 - Employment certificate; issuance; conditions.

48-304.
Employment certificate; issuance; conditions.
The person authorized to issue an employment certificate under section 48-303 shall not issue such certificate until he or she has received, examined, approved, and filed the following papers duly executed: (1) The school record of the child, properly filled out and signed as provided in section 48-306, showing the child has completed the work of the sixth grade of the public schools, or its equivalent, or is regularly attending night school in compliance with section 48-308; and (2) a passport or duly attested transcript of the certificate of birth or baptism or other religious or official record showing the date and place of birth of such child. A duly attested transcript of the birth certificate filed according to law with a registrar of vital statistics, or other officer charged with the duty of recording births, shall be conclusive evidence of the age of such child. The affidavit of the parent, guardian, or custodian of a child shall be required only in case none of such documents can be produced and filed, showing the place and date of birth of such child, which affidavit must be taken before the officer issuing the employment certificate. Such employment certificate shall not be issued until such child has personally appeared before and been examined by the officer issuing the certificate and until such officer, after making such examination, signs and files in his or her office a statement that the child can read and legibly write simple sentences in the English language and that, in his or her opinion, the child has reached the normal development of a child of such child's age, and the child is in sound health and is physically able to perform the work which such child intends to do. In doubtful cases such physical fitness shall be determined by a physician provided by the Department of Labor. In addition to the requirements of this section, if the child is under fourteen years of age, the employment certificate shall be issued only for employment in connection with an employment program supervised and sponsored by the school or school district such child attends. Whenever the person authorized to issue the employment certificate is in doubt about the age of a child, he or she may require the party or parties making application for the certificate to appear before the judge of the juvenile court or the county judge where the question of the age of the child shall be determined and the judgment of the court shall be final and binding upon the person issuing the certificate. Notice of the hearing before the court shall be given to some one of the persons authorized to demand inspection of employment certificates. Every employment certificate shall be signed in the presence of the officer issuing the certificate by the child in whose name it is issued.
Source
Laws 1907, c. 66, § 4, p. 260;
R.S.1913, § 3578;
Laws 1919, c. 190, tit. IV, art. III, § 4, p. 551;
C.S.1922, § 7672;
C.S.1929, § 48-304;
R.S.1943, § 48-304;
Laws 1967, c. 296, § 3, p. 806;
Laws 1999, LB 813, § 3.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-305 - Employment certificate; contents.

48-305.
Employment certificate; contents.
Such certificate shall state the date and place of birth of such child and describe the color of the hair and eyes, the height and weight and any distinguishing facial marks of such child, and that the papers required by section 48-304 have been duly examined, approved and filed, and that the child named in such certificate has appeared before the officer signing the certificate and been examined.
Source
Laws 1907, c. 66, § 5, p. 262;
R.S.1913, § 3579;
Laws 1919, c. 190, tit. IV, art. III, § 5, p. 552;
C.S.1922, § 7673;
C.S.1929, § 48-305;
R.S.1943, § 48-305.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-306 - School record; contents.

48-306.
School record; contents.
The school record shall be signed by the teacher and principal of the school which such child has attended and shall be furnished on demand to a child entitled thereto. It shall contain a statement certifying that the child has regularly attended the public schools, or schools equivalent thereto or parochial schools for not less than three-fourths of the school year prior to applying for such school record, and is able to read and write simple sentences in the English language. It shall also state the amount of work completed by such child, measured by the grade of the public day schools in the city or county. Such school record shall also give the age and residence of the child as shown on the records of the school, and the name of its parent, guardian or custodian.
Source
Laws 1907, c. 66, § 6, p. 262;
R.S.1913, § 3580;
Laws 1919, c. 190, tit. IV, art. III, § 6, p. 553;
C.S.1922, § 7674;
C.S.1929, § 48-306;
R.S.1943, § 48-306;
Laws 1967, c. 296, § 4, p. 807.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-307 - Employment certificate; filing with Department of Labor.

48-307.
Employment certificate; filing with Department of Labor.
The superintendent of public schools in all cities having a population of more than one thousand inhabitants as determined by the most recent federal decennial census or the most recent revised certified count by the United States Bureau of the Census and the presiding officer of all other school boards shall furnish a duplicate copy of all certificates issued under sections 48-302 to 48-313 to the Department of Labor. The duplicate certificates in the form set forth in section 48-309 shall be filed with the Department of Labor at the time of the issuance of the original certificate.
Source
Laws 1907, c. 66, § 7, p. 262;
R.S.1913, § 3581;
Laws 1919, c. 190, tit. IV, art. III, § 7, p. 553;
C.S.1922, § 7675;
C.S.1929, § 48-307;
R.S.1943, § 48-307;
Laws 1987, LB 35, § 3;
Laws 2017, LB113, § 45.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-308 - Employment certificate; evening school; attendance record.

48-308.
Employment certificate; evening school; attendance record.
Regular attendance of a child at any public evening school, maintained in any city or village when instruction is given not less than twenty weeks each year, three evenings each week, and two hours each evening, shall authorize the issuance of a certificate of employment when the schooling certificate fails to show that the child has completed the work of the sixth grade if the schooling certificate and all other certificates are otherwise in due form and the applicant further produces a certificate from the superintendent or principal of such public evening school showing the regular attendance of such child at such evening school and if the child employed under such certificate furnishes to his or her employer a weekly certificate showing regular attendance each week while the evening school is in session.
Source
Laws 1907, c. 66, § 8, p. 262;
R.S.1913, § 3582;
Laws 1919, c. 190, tit. IV, art. III, § 8, p. 553;
C.S.1922, § 7676;
C.S.1929, § 48-308;
R.S.1943, § 48-308;
Laws 1967, c. 296, § 5, p. 807;
Laws 1987, LB 35, § 4.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-309 - Age and schooling certificate; Department of Labor to prescribe form.

48-309.
Age and schooling certificate; Department of Labor to prescribe form.
The age and schooling certificate provided for herein shall be made out upon blank forms prescribed and furnished in triplicate by the Department of Labor.
Source
Laws 1907, c. 66, § 9, p. 263;
R.S.1913, § 3583;
Laws 1919, c. 190, tit. IV, art. III, § 9, p. 554;
C.S.1922, § 7677;
C.S.1929, § 48-309;
R.S.1943, § 48-309;
Laws 1945, c. 116, § 1, p. 389.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-310 - Children under sixteen; working hours; limit; posting of notice; fee; special permit; exceptions.

48-310.
Children under sixteen; working hours; limit; posting of notice; fee; special permit; exceptions.
(1) No person under sixteen years of age shall be employed or permitted to work in any employment as defined in section 48-301 more than forty-eight hours in any one week, nor more than eight hours in any one day, nor before the hour of 6 in the morning, nor after the hour of 8 in the evening if the child is under the age of fourteen, nor after the hour of 10 in the evening if such child is between the ages of fourteen and sixteen. The person issuing the work certificate may limit or extend the stated hour in individual cases by endorsement on the certificate, except a child shall only be permitted to work after the hour of 10 p.m. if there is no school scheduled for the following day and, if he or she is between fourteen and sixteen years of age, he or she has consented to such extension by signing his or her name on the endorsement extension, and his or her employer has obtained a special permit from the Department of Labor. The Department of Labor may issue a special permit to allow employment of such child beyond 10 p.m. upon being satisfied, after inspection of the working conditions, of the safety, healthfulness, and general welfare to the child of the business premises. The special permit may be issued for periods not to exceed ninety days and may be renewed only after reinspection. The fee for each permit or renewal shall be established by rule and regulation of the Commissioner of Labor, and all money so collected by the commissioner shall be remitted to the State Treasurer who shall credit the funds to the General Fund. Every employer shall post in a conspicuous place in every room where such children are employed a printed notice stating the hours required of them each day, the hours of commencing and stopping work, and the time allowed for meals. The printed form of such notice shall be furnished by the Department of Labor.
(2) Except as provided in subsections (3) and (4) of this section, no person under sixteen years of age shall be employed or permitted to work as a door-to-door solicitor.
(3) A person under sixteen years of age engaged in the delivery or distribution of newspapers or shopping news may be employed or permitted to work as a door-to-door solicitor of existing customers of such newspapers or shopping news.
(4) A person under sixteen years of age is permitted to work as a door-to-door solicitor if he or she is working on behalf of his or her own individual entrepreneurial endeavor.
Source
Laws 1907, c. 66, § 10, p. 266;
R.S.1913, § 3584;
Laws 1919, c. 190, tit. IV, art. III, § 10, p. 556;
C.S.1922, § 7678;
C.S.1929, § 48-310;
R.S.1943, § 48-310;
Laws 1963, c. 290, § 3, p. 869;
Laws 1967, c. 296, § 6, p. 808;
Laws 1969, c. 399, § 1, p. 1389;
Laws 1995, LB 330, § 3;
Laws 2005, LB 484, § 1.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-310.01 - Performing arts; special permit; fee.

48-310.01.
Performing arts; special permit; fee.
When the Department of Labor finds it to be in the best interests of the child, the Department of Labor may issue a special permit waiving any requirement or restriction imposed on employment of a child pursuant to sections 48-302 to 48-313 for any child employed as a performer in the performing arts subject to such conditions as the Department of Labor deems necessary. For purposes of this section, performing arts means musical and theatrical presentations and productions, including motion picture, theatre, radio, and television productions. Before any such waiver is issued, the written consent of a parent or a person standing in loco parentis to the child is required. The Department of Labor may charge a fee established by rule and regulation of the Commissioner of Labor for each special permit issued pursuant to this section.
Source
Laws 1995, LB 330, § 4.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-310.02 - Special permits; fees; limitation.

48-310.02.
Special permits; fees; limitation.
The fees established by the Commissioner of Labor pursuant to sections 48-310 and 48-310.01 shall be established with due regard for the costs of administering sections 48-310 and 48-310.01. The fees shall not exceed the amount necessary to meet the costs of administering sections 48-310 and 48-310.01.
Source
Laws 1996, LB 1047, § 1.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-311 - Violations; penalties.

48-311.
Violations; penalties.
Whoever employs a child under sixteen years of age and whoever, having under his or her control a child under such age, causes or permits such child to be employed in violation of sections 48-302 to 48-313 is guilty of a Class II misdemeanor. Whoever continues to employ any child in violation of any of such sections, after being notified by an attendance officer or by the Department of Labor or by its assistants or employees, is, for every day thereafter that such employment continues, guilty of a Class II misdemeanor.
The failure of an employer of child labor to produce, upon request of a person authorized to demand the same, any employment certificate or list required by such sections shall be prima facie evidence of the illegal employment of any child whose employment certificate is not produced or whose name is not listed. Any corporation or employer retaining employment certificates in violation of such sections is guilty of a Class II misdemeanor.
Every person authorized or required to sign any certificate or statement prescribed by such sections who knowingly certifies or makes oath to any material false statement therein or who violates any of the provisions of such sections is guilty of a Class II misdemeanor.
Every person who refuses admittance to any person authorized to visit or inspect any premises or place of business under the provisions of such sections and to produce all certificates and lists he or she may have when demanded, after such person shall have announced his or her name and the office he or she holds and the purpose of his or her visit, or otherwise obstructs such persons in the performance of their duties prescribed by such sections is guilty of a Class II misdemeanor.
Source
Laws 1907, c. 66, § 11, p. 266;
R.S.1913, § 3585;
Laws 1919, c. 190, tit. IV, art. III, § 11, p. 556;
C.S.1922, § 7679;
C.S.1929, § 48-311;
R.S.1943, § 48-311;
Laws 1967, c. 296, § 7, p. 808;
Laws 1977, LB 40, § 280;
Laws 1987, LB 35, § 5;
Laws 1995, LB 330, § 5;
Laws 2001, LB 180, § 5.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-312 - Unlawful employment; evidence; visitation; reports.

48-312.
Unlawful employment; evidence; visitation; reports.
The presence of a child under sixteen years of age, apparently at work, in a place of employment as defined in section 48-301 is prima facie evidence of his or her employment there. Attendance officers shall visit the places of employment to ascertain whether any children are employed contrary to the provisions of sections 48-302 to 48-313, and the attendance officers shall report any cases of illegal employment to the Department of Labor and to the county attorney.
Source
Laws 1919, c. 190, tit. IV, art. III, § 12, p. 557;
C.S.1922, § 7680;
C.S.1929, § 48-312;
R.S.1943, § 48-312;
Laws 1967, c. 296, § 8, p. 809;
Laws 1995, LB 330, § 6.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-313 - Children under sixteen; dangerous, unhealthy, or immoral employment.

48-313.
Children under sixteen; dangerous, unhealthy, or immoral employment.
No child under the age of sixteen years shall be employed in any work which by reason of the nature of the work or place of performance is dangerous to life or limb or in which his or her health may be injured or his or her morals may be depraved. No parent, guardian, or other person, who has under his or her control any child, shall cause or permit such child to work or be employed in violation of this section.
Source
Laws 1907, c. 66, § 13, p. 268;
R.S.1913, § 3587;
Laws 1919, c. 190, tit. IV, art. III, § 13, p. 558;
C.S.1922, § 7681;
C.S.1929, § 48-313;
R.S.1943, § 48-313;
Laws 1977, LB 40, § 281;
Laws 1987, LB 35, § 6.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-401 - Water closets; duty of employer to provide.

48-401.
Water closets; duty of employer to provide.
Every factory, mill, workshop, mercantile or mechanical establishment or other building, where one or more persons are employed, shall be provided within reasonable access, with a sufficient number of water closets, earth closets or privies for the reasonable use of the persons employed therein, and wherever male and female persons are employed as aforesaid together, water closets, earth closets or privies separate and apart, shall be provided for the use of each sex, and plainly so designated, and no person shall be allowed to use such closet or privy assigned to the other sex. Such closet shall be properly enclosed and ventilated and at all times kept in a clean and sanitary condition. When the number employed is more than twenty of either sex, there shall be provided an additional closet for each sex up to the number of forty and above that number in the same ratio. The Department of Labor or any person authorized by the department may require such changes in the placing of such closets as the department may deem necessary and may require other changes which may serve the best interest of morals and sanitation.
Source
Laws 1911, c. 67, § 1, p. 299;
Laws 1913, c. 103, § 1, p. 258;
R.S.1913, § 3588;
Laws 1919, c. 190, tit. IV, art. IV, § 1, p. 558;
C.S.1922, § 7682;
C.S.1929, § 48-401;
R.S.1943, § 48-401.
Annotations
The state, by its Legislature, has extensively entered the field of labor. Midwest Employers Council, Inc. v. City of Omaha, 177 Neb. 877, 131 N.W.2d 609 (1964).
Safety regulations do not apply to nonoperating owner of building. Quist v. Duda, 159 Neb. 393, 67 N.W.2d 481 (1954).
Petition of employee was insufficient to state cause of action under this section where it merely showed contracting of unusual disease by employee. Russo v. Swift & Co., 136 Neb. 406, 286 N.W. 291 (1939).
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-402 - Dressing rooms; duty to provide; rights of lessee.

48-402.
Dressing rooms; duty to provide; rights of lessee.
In factories, mills, workshops, mercantile or mechanical establishments, or other places where the labor performed by the operator is of such a character that it becomes necessary to change the clothing, wholly or in part, before leaving the building at the close of the day's work, separate dressing rooms shall be provided for females whenever so required by the Department of Labor. It shall be the duty of every occupant, whether owner or lessee of any such premises used as specified by sections 48-401 to 48-424, to make all the changes and additions thereto. In case such changes are made upon the order of the department to the lessee of the premises, the lessee may at any time within thirty days after the completion thereof, bring an action against any person, corporation, partnership, or limited liability company having an interest in such premises and may recover such proportion of expenses of making such changes and additions as the court adjudges should justly and equitably be borne by such defendant.
Source
Laws 1911, c. 67, § 2, p. 300;
Laws 1913, c. 103, § 1, p. 258;
R.S.1913, § 3589;
Laws 1919, c. 190, tit. IV, art. IV, § 2, p. 558;
C.S.1922, § 7683;
C.S.1929, § 48-402;
R.S.1943, § 48-402;
Laws 1993, LB 121, § 287.
Annotations
Lessee is given a cause of action against parties having interest in premises for share of cost of changes and additions. Quist v. Duda, 159 Neb. 393, 67 N.W.2d 481 (1954).
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-403 - Ventilation; dust and fumes; fans required.

48-403.
Ventilation; dust and fumes; fans required.
If in any of the aforesaid places any process is carried on by which dust or fumes are caused, which may be inhaled by the persons employed therein, or if the air shall become exhausted or impure, there shall be provided a fan or other such mechanical device as will substantially carry away all such dust or fumes or other impurities, subject to the approval of the Department of Labor.
Source
Laws 1911, c. 67, § 3, p. 300;
Laws 1913, c. 103, § 1, p. 259;
R.S.1913, § 3590;
Laws 1919, c. 190, tit. IV, art. IV, § 3, p. 559;
C.S.1922, § 7684;
C.S.1929, § 48-403;
R.S.1943, § 48-403.
Annotations
The "aforesaid places" referred to in this section are those which are mentioned in sections 48-401 and 48-402: factories, mills, workshops, mercantile or mechanical establishments, or other buildings where one or more persons are employed. Anderson v. Nashua Corp., 246 Neb. 420, 519 N.W.2d 275 (1994).
Burden is on employee to prove that injury resulted proximately from failure of employer to install a fan to carry off fumes of paint shop. Smith v. Morton Motor Co., 145 Neb. 396, 16 N.W.2d 843 (1944).
Fact that employee contracted disease of echinococcosis does not show violation of this section. Russo v. Swift & Co., 136 Neb. 406, 286 N.W. 291 (1939).
Where employer provides foundry with ample ventilation and suitable equipment, and such foundry is inspected about twice a year by representative of Nebraska Department of Labor who makes no additional requirements, employer has complied with the statute. Rzeszotarski v. American Smelting & Refining Co., 133 Neb. 825, 277 N.W. 334 (1938).
Where ventilators and windows would tend to carry away dust and fumes, trial court was not required to instruct jury with reference to this section. Grover v. Aaron Ferer & Sons, 122 Neb. 755, 241 N.W. 539 (1932).
Employer has burden of proof to show that the installation of a fan or other device for the removal of dust and fumes is not practicable. Grant Storage Battery Co. v. DeLay, 87 F.2d 726 (8th Cir. 1937).
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-404 - Sanitation; duty of employer.

48-404.
Sanitation; duty of employer.
All of the aforesaid places shall be kept clean and free from effluvia arising from any drain, privy or nuisance, and shall be ventilated and kept in a sanitary condition. The Department of Labor or any person authorized by the department may require such changes or additions to be made in any of the aforesaid places as will promote the best measures of sanitation.
Source
Laws 1911, c. 67, § 4, p. 300;
Laws 1913, c. 103, § 1, p. 259;
R.S.1913, § 3591;
Laws 1919, c. 190, tit. IV, art. IV, § 4, p. 559;
C.S.1922, § 7685;
C.S.1929, § 48-404;
R.S.1943, § 48-404.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-405 - Grinding machines; dust; blowers required.

48-405.
Grinding machines; dust; blowers required.
All persons, companies or corporations operating any factory or workshop where grinding wheels, or grinding machines, emery wheels or emery belts of any description are used, whether solid emery, leather covered, felt, canvas, linen, paper, cotton or wheels or belts rolled or coated with emery or carborundum or cotton wheels used as buffs, shall, when deemed necessary by the Department of Labor, provide such wheels or belts with blowers or similar apparatus, which shall be placed over, beside or under such wheels or belts in such manner as to protect the person or persons using the same from particles of dust produced and caused thereby, and to carry away the dust arising from or thrown off by such wheels or belts while in operation, directly to the outside of the building or to some receptacle placed so as to receive and confine such dust;
Provided,
grinding machines upon which water is used at the point of grinding contact and other wheels used for tool grinding shall be exempt from the provisions of this section.
Source
Laws 1911, c. 67, § 5, p. 301;
Laws 1913, c. 103, § 1, p. 259;
R.S.1913, § 3592;
Laws 1919, c. 190, tit. IV, art. IV, § 5, p. 559;
C.S.1922, § 7686;
C.S.1929, § 48-405;
R.S.1943, § 48-405.
Annotations
Applicability of act is limited to those operating factory or workshop. Quist v. Duda, 159 Neb. 393, 67 N.W.2d 481 (1954).
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-406 - Emery wheels and grindstones; use and operation.

48-406.
Emery wheels and grindstones; use and operation.
No emery wheels or grindstones in any factory, mill or workshop, shall be used when known to the person using the same to be cracked or otherwise defective, nor operated at a greater speed than indicated or guaranteed by the manufacturer of such emery wheel or grindstone.
Source
Laws 1911, c. 67, § 6, p. 301;
R.S.1913, § 3593;
Laws 1919, c. 190, tit. IV, art. IV, § 6, p. 560;
C.S.1922, § 7687;
C.S.1929, § 48-406;
R.S.1943, § 48-406.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-407 - Emery wheels and grindstones; hoods or hoppers required.

48-407.
Emery wheels and grindstones; hoods or hoppers required.
Every emery wheel and grindstone shall be fitted with a sheet or cast iron hood or hopper, of such form so adjusted that the dust or refuse therefrom will fall or be thrown into such hood or hopper by centrifugal force, and be carried off by the current of air into a suction pipe.
Source
Laws 1911, c. 67, § 7, p. 301;
R.S.1913, § 3594;
Laws 1919, c. 190, tit. IV, art. IV, § 7, p. 560;
C.S.1922, § 7688;
C.S.1929, § 48-407;
R.S.1943, § 48-407.
Annotations
Applicability of act is limited to those operating factory or workshop. Quist v. Duda, 159 Neb. 393, 67 N.W.2d 481 (1954).
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-408 - Emery wheels; suction pipes required; capacity.

48-408.
Emery wheels; suction pipes required; capacity.
Every such wheel six inches or less in diameter shall be provided with a three-inch suction pipe; wheels six inches to twenty-four inches in diameter, with a four-inch suction pipe; wheels from twenty-four inches to thirty-six inches in diameter, with a five-inch suction pipe; and every wheel exceeding thirty-six inches in diameter shall be provided with a suction pipe not less than six inches in diameter.
The suction pipe from each wheel shall be of full size to its terminus, and a suction pipe to which smaller pipes are attached shall, in its capacity, be equal to the combined capacities of all smaller pipes attached thereto, and the discharge pipe shall be of as large capacity as, or larger capacity than, the combined capacities of all suction pipes.
Source
Laws 1911, c. 67, § 8, p. 302;
R.S.1913, § 3595;
Laws 1919, c. 190, tit. IV, art. IV, § 8, p. 560;
C.S.1922, § 7689;
C.S.1929, § 48-408;
R.S.1943, § 48-408.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-409 - Machinery; safety devices required.

48-409.
Machinery; safety devices required.
Every person operating a plant where machinery is used, shall provide such guards, boxing, screens or other appliances as will protect employees against injury from belting, shafting, gearing, elevators, drums, saws, cogs, electric currents, molten metal or hot liquid. He shall also furnish and supply belt shifters which can be operated from the floor. All exposed cogs or gears shall be enclosed in metal casings or woven wire screens. Protruding set screws in collars and couplings of shafting or other revolving machinery shall be countersunk or covered with metal boxing. Pulleys, belts and projections of or from ends of shaftings shall be protected by boxing or enclosing with metal or other suitable material. Belts shall not rest on shafting in motion, but rest hooks shall be provided to hold belting free therefrom. Roll guards shall be placed on roll-feed machines fed by hand at the point where the material is fed, and a device for instantly stopping the machine by the hand or foot shall also be provided within reach of the operator when operating the machine.
Source
Laws 1911, c. 67, § 9, p. 302;
Laws 1913, c. 103, § 1, p. 260;
R.S.1913, § 3597;
Laws 1919, c. 190, tit. IV, art. IV, § 9, p. 560;
C.S.1922, § 7690;
C.S.1929, § 48-409;
R.S.1943, § 48-409.
Annotations
Employee's acceptance of benefits under Workmen's Compensation Act ordinarily constitutes release to employer of claims at law arising from the injury. Edelman v. Ralph Printing & Lithographing, Inc., 189 Neb. 763, 205 N.W.2d 340 (1973).
Evidence did not establish violation of this section. Goodwin v. Epsen Lithographing Co., 183 Neb. 281, 160 N.W.2d 183 (1968).
Words "operating a plant" would include corporation carrying on an elevator business. Fosler v. Aden, 175 Neb. 535, 122 N.W.2d 494 (1963).
Applicability of section is limited to operator of plant. Quist v. Duda, 159 Neb. 393, 67 N.W.2d 481 (1954).
A farming and stockfeeding business is not a plant within this section. Groat v. Clausen, 139 Neb. 689, 298 N.W. 563 (1941).
Factory act is not intended to narrow compensation act. Fact that employer's violation of this section was cause of injury to employee does not entitle latter to sue at common law. Navracel v. Cudahy Packing Co., 109 Neb. 506, 191 N.W. 659 (1922), reh'g denied, 109 Neb. 512, 193 N.W. 768 (1923).
Where defendant failed to provide rest hook to hold belting free from shafting, it was proper to submit to jury failure to comply with statute as evidence of negligence. Hellerich v. Central Granaries Co., 104 Neb. 818, 178 N.W. 919 (1920).
Violation of this section constituted gross negligence. McCarthy v. Village of Ravenna, 99 Neb. 674, 157 N.W. 629 (1916).
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-410 - Revolving machines; screens required.

48-410.
Revolving machines; screens required.
A metal or other suitable screen shall be placed around each laundry extractor or other exposed high-speed revolving machinery.
Source
Laws 1919, c. 190, tit. IV, art. IV, § 10, p. 561;
C.S.1922, § 7691;
C.S.1929, § 48-410;
R.S.1943, § 48-410.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-411 - Woodworking machinery; safety devices.

48-411.
Woodworking machinery; safety devices.
Wood planers, wood shapers, swing saws, equalizing saws, circular heading jointers, wood polishers, buzz planers, lathe bolters, and all similar machinery, shall be equipped with requisite safety appliances.
Source
Laws 1919, c. 190, tit. IV, art. IV, § 11, p. 561;
C.S.1922, § 7692;
C.S.1929, § 48-411;
R.S.1943, § 48-411.