reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1126 - State and governmental agencies; suits against.

48-1126.
State and governmental agencies; suits against.
The state and governmental agencies created by the state may be sued upon claims arising under the Nebraska Fair Employment Practice Act in the same manner as provided by such law for suits against other employers.
Source
Laws 1979, LB 67, § 2;
Laws 1983, LB 447, § 74.
Cross References
Nebraska Fair Employment Practice Act, see section 48-1125.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1201 - Policy.

48-1201.
Policy.
It is declared to be the policy of this state (1) to establish a minimum wage for all workers at levels consistent with their health, efficiency and general well-being, and (2) to safeguard existing minimum wage compensation standards which are adequate to maintain the health, efficiency and general well-being of workers against the unfair competition of wage and hours standards which do not provide adequate standards of living.
Source
Laws 1967, c. 285, § 1, p. 773.
Annotations
Parties may not waive the protections afforded under the Wage and Hour Act. Mays v. Midnite Dreams, 300 Neb. 485, 915 N.W.2d 71 (2018).
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1202 - Terms, defined.

48-1202.
Terms, defined.
For purposes of the Wage and Hour Act, unless the context otherwise requires:
(1) Employ shall include to permit to work;
(2) Employer shall include any individual, partnership, limited liability company, association, corporation, business trust, legal representative, or organized group of persons employing four or more employees at any one time except for seasonal employment of not more than twenty weeks in any calendar year, acting directly or indirectly in the interest of an employer in relation to an employee, but shall not include the United States, the state, or any political subdivision thereof;
(3) Employee shall include any individual employed by any employer but shall not include:
(a) Any individual employed in agriculture;
(b) Any individual employed as a baby-sitter in or about a private home;
(c) Any individual employed in a bona fide executive, administrative, or professional capacity or as a superintendent or supervisor;
(d) Any individual employed by the United States or by the state or any political subdivision thereof;
(e) Any individual engaged in the activities of an educational, charitable, religious, or nonprofit organization when the employer-employee relationship does not in fact exist or when the services rendered to such organization are on a voluntary basis;
(f) Apprentices and learners otherwise provided by law;
(g) Veterans in training under supervision of the United States Department of Veterans Affairs;
(h) A child in the employment of his or her parent or a parent in the employment of his or her child; or
(i) Any person who, directly or indirectly, is receiving any form of federal, state, county, or local aid or welfare and who is physically or mentally disabled and employed in a program of rehabilitation, who shall receive a wage at a level consistent with his or her health, efficiency, and general well-being;
(4) Occupational classification shall mean a classification established by the Dictionary of Occupational Titles prepared by the United States Department of Labor; and
(5) Wages shall mean all remuneration for personal services, including commissions and bonuses and the cash value of all remunerations in any medium other than cash.
Source
Laws 1967, c. 285, § 2, p. 773;
Laws 1969, c. 408, § 1, p. 1411;
Laws 1973, LB 343, § 1;
Laws 1991, LB 2, § 8;
Laws 1991, LB 297, § 1;
Laws 1993, LB 121, § 298.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1203 - Wages; minimum rate; adjustments.

48-1203.
Wages; minimum rate; adjustments.
(1) Except as otherwise provided in this section and section 48-1203.01, every employer shall pay to each of his or her employees a minimum wage of:
(a) Nine dollars per hour through December 31, 2022;
(b) Ten dollars and fifty cents per hour on and after January 1, 2023, through December 31, 2023;
(c) Twelve dollars per hour on and after January 1, 2024, through December 31, 2024;
(d) Thirteen dollars and fifty cents per hour on and after January 1, 2025, through December 31, 2025; and
(e) Fifteen dollars per hour on and after January 1, 2026, through December 31, 2026.
(2) The minimum wage established in subdivision (1)(e) of this section shall be increased on January 1, 2027, and on January 1 of successive years, by the increase in the cost of living. The increase in the cost of living shall be measured by the percentage increase, if any, as of August of the previous year over the level as of August of the year preceding that year in the consumer price index for all urban consumers (CPI-U) for the Midwest Region, or its successor index, as published by the U.S. Department of Labor, or its successor agency, with the amount of the minimum wage increase rounded up to the nearest multiple of five cents. No later than October 15 of each year, commencing October 15, 2026, the Nebraska Department of Labor shall calculate and publish the minimum wage rate that will take effect the following January 1.
(3) For persons compensated by way of gratuities such as waitresses, waiters, hotel bellhops, porters, and shoeshine persons, the employer shall pay wages at the minimum rate of two dollars and thirteen cents per hour, plus all gratuities given to them for services rendered. The sum of wages and gratuities received by each person compensated by way of gratuities shall equal or exceed the applicable minimum wage rate provided in subsection (1) or (2) of this section. In determining whether or not the individual is compensated by way of gratuities, the burden of proof shall be upon the employer.
(4) Any employer employing student-learners as part of a bona fide vocational training program shall pay such student-learners' wages at a rate of at least seventy-five percent of the minimum wage rate which would otherwise be applicable.
Source
Laws 1967, c. 285, § 3, p. 775;
Laws 1969, c. 408, § 2, p. 1413;
Laws 1973, LB 343, § 2;
Laws 1987, LB 474, § 1;
Laws 1989, LB 412, § 1;
Laws 1991, LB 297, § 2;
Laws 1997, LB 569, § 1;
Laws 2007, LB265, § 22;
Initiative Law 2014, No. 425, § 1;
Initiative Law 2022, No. 433, § 1.
Annotations
Under subsection (2) of this section, an employer is not required to notify an employee that he or she will be compensated as a tipped employee. Instead, the employer only needs to prove the employee received tips sufficient to compensate the employee at a rate greater than or equal to the minimum wage. Mays v. Midnite Dreams, 300 Neb. 485, 915 N.W.2d 71 (2018).
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1203.01 - Training wage; rate; limitations.

48-1203.01.
Training wage; rate; limitations.
An employer may pay a new employee who is younger than twenty years of age and is not a seasonal or migrant worker a training wage of at least seventy-five percent of the federal minimum wage for ninety days from the date the new employee was hired. An employer may pay such new employee the training wage rate for an additional ninety-day period while the new employee is participating in on-the-job training which (1) requires technical, personal, or other skills which are necessary for his or her employment and (2) is approved by the Commissioner of Labor. No more than one-fourth of the total hours paid by the employer shall be at the training wage rate.
An employer shall not pay the training wage rate if the hours of any other employee are reduced or if any other employee is laid off and the hours or position to be filled by the new employee is substantially similar to the hours or position of such other employee. An employer shall not dismiss or reduce the hours of any employee with the intention of replacing such employee or his or her hours with a new employee receiving the training wage rate.
Source
Laws 1991, LB 297, § 3;
Laws 1997, LB 569, § 2;
Laws 2007, LB265, § 23.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1205 - Sections; posting.

48-1205.
Sections; posting.
Every employer subject to the provisions of sections 48-1201 to 48-1209 shall keep a summary of sections 48-1201 to 48-1209, furnished by the Commissioner of Labor without charge, posted in a conspicuous place on or about the premises wherein any person subject to the provisions of sections 48-1201 to 48-1209 is employed.
Source
Laws 1967, c. 285, § 5, p. 775.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1206 - Commissioner of Labor; subpoena records and witnesses; violations; penalty; civil actions.

48-1206.
Commissioner of Labor; subpoena records and witnesses; violations; penalty; civil actions.
(1) The Commissioner of Labor shall have the authority to subpoena records and witnesses related to the enforcement of section 48-1203 and this section. The commissioner or his or her agent may inspect all related records and gather testimony on any matter relative to the enforcement of the Wage and Hour Act.
(2) Any employer who violates any of the provisions of section 48-1203 shall be guilty of a Class IV misdemeanor.
(3) It shall be the duty of the county attorney for the county in which any violation of the Wage and Hour Act occurs to prosecute the same in the district court in the county where the offense occurred.
(4) Any employer who violates any provision of section 48-1203 shall be liable to the employees affected in the amount of their unpaid minimum wages, as the case may be.
(5) Action to recover unpaid minimum wages as provided in subsection (4) of this section may be maintained in any court of competent jurisdiction by any one or more employees for and in behalf of himself, herself, or themselves and other employees similarly situated, or such employee or employees may designate an agent or representative to maintain such action for and in behalf of all employees similarly situated. The court in which any action is brought under this subsection shall, in addition to any judgment awarded to the plaintiff or plaintiffs, allow costs of the action and reasonable attorney's fees to be paid by the defendant. In any proceedings brought pursuant to this subsection, the employee shall not be required to pay any filing fee or other court costs necessarily incurred in such proceedings.
Source
Laws 1967, c. 285, § 6, p. 775;
Laws 1973, LB 343, § 4;
Laws 1977, LB 40, § 303;
Laws 1987, LB 474, § 2.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1207 - Bargaining collectively; sections not applicable.

48-1207.
Bargaining collectively; sections not applicable.
Nothing in sections 48-1201 to 48-1209 shall be deemed to interfere with, impede or in any way diminish the right of employees to bargain collectively with their employers through representatives of their own choosing in order to establish wages or other conditions of work in excess of the applicable minimum under the provisions of sections 48-1201 to 48-1209.
Source
Laws 1967, c. 285, § 7, p. 776.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1208 - Other laws; applicability of sections.

48-1208.
Other laws; applicability of sections.
Any standards relating to minimum wage, maximum hours, or other working conditions in effect on October 23, 1967, by or under any other law of this state, which are more favorable to employees than those applicable to such employees under the provisions of sections 48-1201 to 48-1209, shall not be deemed to be amended, rescinded, or otherwise affected by sections 48-1201 to 48-1209 but shall continue in full force and effect.
Source
Laws 1967, c. 285, § 8, p. 776.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1209 - Act, how cited.

48-1209.
Act, how cited.
Sections 48-1201 to 48-1209 shall be known and may be cited as the Wage and Hour Act.
Source
Laws 1967, c. 285, § 9, p. 776;
Laws 1991, LB 297, § 4.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1209.01 - Police; firefighters; cities having a population of more than 10,000 inhabitants; minimum salaries.

48-1209.01.
Police; firefighters; cities having a population of more than 10,000 inhabitants; minimum salaries.
The officers and members of the police and paid fire departments of cities of the metropolitan and primary classes and of cities of the first class having a population of more than ten thousand inhabitants as determined by the most recent federal decennial census or the most recent revised certified count by the United States Bureau of the Census shall each receive a salary of not less than three hundred fifty dollars per month. The city council may, by ordinance, at any time, change, fix or revise the salaries of the officers or members of the police and fire departments of such cities, but in no instance shall the minimum salary of any officer or member be less than three hundred fifty dollars per month.
Source
Laws 1965, c. 78, § 1, p. 313;
Laws 1979, LB 80, § 63;
R.S.1943, (1983), § 19-1824;
Laws 2017, LB113, § 46.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1219 - Discriminatory wage practices based on sex; policy.

48-1219.
Discriminatory wage practices based on sex; policy.
(1) The practice of discriminating on the basis of sex by paying wages to employees of one sex at a lesser rate than the rate paid to employees of the opposite sex for comparable work on jobs which have comparable requirements:
(a) Unjustly discriminates against the person receiving the lesser rate;
(b) Leads to low worker morale, high turnover, and frequent labor unrest;
(c) Discourages workers paid at the lesser wage rates from training for higher level jobs;
(d) Curtails employment opportunities, decreases workers' mobility, and increases labor costs;
(e) Impairs purchasing power and threatens the maintenance of an adequate standard of living by such workers and their families;
(f) Prevents optimum utilization of the state's available labor resources; and
(g) Threatens the well-being of citizens of this state, and adversely affects the general welfare.
(2) It is therefor declared to be the policy of this state through exercise of its police power to correct and, as rapidly as possible, to eliminate discriminatory wage practices based on sex.
Source
Laws 1969, c. 389, § 1, p. 1365.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1220 - Terms, defined.

48-1220.
Terms, defined.
As used in sections 48-1219 to 48-1227.01, unless the context otherwise requires:
(1) Employee shall mean any individual employed by an employer, including individuals employed by the state or any of its political subdivisions including public bodies;
(2) Employer shall mean any person engaged in an industry who has two or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, any agent of such person, and any party whose business is financed in whole or in part under the Nebraska Investment Finance Authority Act, and includes the State of Nebraska, its governmental agencies, and political subdivisions, regardless of the number of employees, but such term shall not include the United States, a corporation wholly owned by the government of the United States, or an Indian tribe;
(3) Wage rate shall mean all compensation for employment including payment in kind and amounts paid by employers for employee benefits as defined by the commission in regulations issued under sections 48-1219 to 48-1227;
(4) Employ shall include to suffer or permit to work;
(5) Commission shall mean the Equal Opportunity Commission; and
(6) Person shall include one or more individuals, partnerships, limited liability companies, corporations, legal representatives, trustees, trustees in bankruptcy, or voluntary associations.
Source
Laws 1969, c. 389, § 2, p. 1366;
Laws 1983, LB 424, § 5;
Laws 1983, LB 626, § 75;
Laws 1993, LB 121, § 299;
Laws 2005, LB 10, § 1;
Laws 2016, LB83, § 1.
Cross References
Nebraska Investment Finance Authority Act, see section 58-201.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1221 - Prohibited acts.

48-1221.
Prohibited acts.
(1) No employer shall discriminate between employees in the same establishment on the basis of sex, by paying wages to any employee in such establishment at a wage rate less than the rate at which the employer pays any employee of the opposite sex in such establishment for equal work on jobs which require equal skill, effort and responsibility under similar working conditions. Wage differentials are not within this prohibition where such payments are made pursuant to: (a) An established seniority system; (b) a merit increase system; or (c) a system which measures earning by quantity or quality of production or any factor other than sex.
(2) An employer who is paying a wage differential in violation of the provisions of sections 48-1219 to 48-1227 shall not, in order to comply with it, reduce the wage rates of any employee.
(3) No person shall cause or attempt to cause an employer to discriminate against any employee in violation of the provisions of sections 48-1219 to 48-1227.
(4) No employer may discharge or discriminate against any employee by reason of any action taken by such employee to invoke or assist in any manner the enforcement of the provisions of sections 48-1219 to 48-1227.
Source
Laws 1969, c. 389, § 3, p. 1366.
Annotations
When bringing a claim of wage discrimination based on sex under subsection (1) of this section, a plaintiff must first establish a prima facie case by showing by a preponderance of the evidence that (1) the plaintiff was paid less than a person of the opposite sex employed in the same establishment; (2) for equal work on jobs requiring equal skill, effort, and responsibility; (3) which were performed under similar working conditions. If a plaintiff establishes a prima facie case of wage discrimination based on sex, the burden then shifts to the defendant to prove one of the affirmative defenses set forth in subsection (1) of this section. Knapp v. Ruser, 297 Neb. 639, 901 N.W.2d 31 (2017).
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1222 - Equal Opportunity Commission; powers.

48-1222.
Equal Opportunity Commission; powers.
(1) The commission shall have the power and the duty to carry out the provisions of sections 48-1219 to 48-1227.
(2) For this purpose, the commission shall have the power to enter the place of employment of any employer to inspect and copy payrolls and other employment records, to compare character of work and operations on which persons employed by him are engaged, to question such person, and to obtain such other information as is reasonably necessary to the administration and enforcement of the provisions of sections 48-1219 to 48-1227.
(3) The commission shall have power to examine witnesses under oath, and to require by subpoena the attendance and testimony of witnesses and the production of any documentary evidence relating to the subject matter of any investigation undertaken pursuant to this section. Witnesses summoned by the commission shall be paid the same fees as are allowed witnesses attending the district court. In the event of the failure of a person to attend, testify or produce documents under or in response to a subpoena, the district court for the county in which the appearance is requested on application of the commission may issue an order requiring such person to appear before the commission, or to produce documentary evidence, and any failure to obey such order of the court may be punished by the court as a contempt thereof.
(4) The commission is authorized to endeavor to eliminate pay practices unlawful under the provisions of sections 48-1219 to 48-1227, by informal methods of conference, conciliation and persuasion, and to supervise the payment of wages owing to any employee under the provisions of sections 48-1219 to 48-1227.
(5) The commission shall have power to issue such regulations, not inconsistent with the purpose of sections 48-1219 to 48-1227, as it deems necessary or appropriate to carry out its provisions.
Source
Laws 1969, c. 389, § 4, p. 1367.
Cross References
For witness fees in district court, see section 33-139.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1223 - Violation of sections; damages; attorney's fees; agreements, effect; action; order of court.

48-1223.
Violation of sections; damages; attorney's fees; agreements, effect; action; order of court.
(1) Any employer who violates the provisions of section 48-1221 shall be liable to the employee or employees affected in the amount of their unpaid wages, and, in instances of willful violation, in employee suits under subsection (2) of this section up to an additional equal amount as liquidated damages.
(2) Action to recover such liability may be maintained in any court of competent jurisdiction by any one or more employees for and in behalf of himself or themselves and other employees similarly situated. The court in such action shall, in cases of violation in addition to any judgment awarded to the plaintiff or plaintiffs, allow a reasonable attorney's fee to be paid by the defendant, and costs of the action.
(3) No agreement by any such employee to work for less than the wage to which such employee is entitled under the provisions of sections 48-1219 to 48-1227 shall be a bar to any such action or to a voluntary wage restitution of the full amount due under the provisions of sections 48-1219 to 48-1227.
(4) At the written request of any employee claiming to have been paid less than the wage to which he may be entitled under the provisions of sections 48-1219 to 48-1227, the commission may bring any legal action necessary on behalf of the employee to collect such claim for unpaid wages. The commission shall not be required to pay the filing fee, or other costs, in connection with such action. The commission shall have power to join various claims against the employer in one cause of action.
(5) In proceedings under the provisions of this section, the court may order other affirmative action as appropriate, including reinstatement of employees discharged in violation of the provisions of sections 48-1219 to 48-1227.
(6) The commission shall have power to petition any court of competent jurisdiction to restrain violations of section 48-1221 and for such affirmative relief as the court may deem appropriate, including restoration of unpaid wages and reinstatement of employees, consistent with the purpose of sections 48-1219 to 48-1227.
Source
Laws 1969, c. 389, § 5, p. 1368.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1224 - Limitation of action.

48-1224.
Limitation of action.
Court action under the provisions of sections 48-1219 to 48-1227 may be commenced no later than four years after the cause of action accrues.
Source
Laws 1969, c. 389, § 6, p. 1369.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1225 - Records; employer keep and maintain; contents.

48-1225.
Records; employer keep and maintain; contents.
Every employer subject to the provisions of sections 48-1219 to 48-1227 shall make, keep, and maintain such records of the wages and wage rates, job classifications, and other terms and conditions of employment of the persons employed by him, and shall preserve such records for such periods of time, and shall make such reports therefrom as the commission shall prescribe.
Source
Laws 1969, c. 389, § 7, p. 1369.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1226 - Copy or abstract of sections; post; furnish employers.

48-1226.
Copy or abstract of sections; post; furnish employers.
Every person subject to the provisions of sections 48-1219 to 48-1227 shall keep an abstract or copy of sections 48-1219 to 48-1227 posted in a conspicuous place in or about the premises wherein any employee is employed. Employers shall be furnished copies of abstracts of sections 48-1219 to 48-1227 by the state on request without charge.
Source
Laws 1969, c. 389, § 8, p. 1369.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1227 - Violations; penalty.

48-1227.
Violations; penalty.
(1) Any person who violates any provision of sections 48-1219 to 48-1227, or who discharges or in any other manner discriminates against any employee because such employee has made any complaint to his employer, the commission, or any other person, or has instituted, or caused to be instituted any proceeding under or related to sections 48-1219 to 48-1227, or has testified or is about to testify in any such proceeding, shall be guilty of a Class III misdemeanor.
(2) Any employer who violates the provisions of sections 48-1219 to 48-1227 by failing to keep the records required hereunder, or to furnish such records to the commission upon request, or who falsifies such records, or who hinders, delays, or otherwise interferes with the commission in the performance of its duties in the enforcement of the provisions of sections 48-1219 to 48-1227, or refuses official entry into any place of employment which it is authorized by the provisions of sections 48-1219 to 48-1227 to inspect, shall be guilty of a Class V misdemeanor.
Source
Laws 1969, c. 389, § 9, p. 1369;
Laws 1977, LB 40, § 304.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1227.01 - Suits against governmental bodies; authorized.

48-1227.01.
Suits against governmental bodies; authorized.
The state, governmental agencies, and political subdivisions may be sued upon claims arising under sections 48-1219 to 48-1227 in the same manner as provided by such sections for suits against other employers.
Source
Laws 1983, LB 424, § 6.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1228 - Act, how cited.

48-1228.
Act, how cited.
Sections 48-1228 to 48-1236 shall be known and may be cited as the Nebraska Wage Payment and Collection Act.
Source
Laws 1977, LB 220A, § 1;
Laws 2007, LB255, § 1;
Laws 2014, LB560, § 1;
Laws 2020, LB1016, § 2.
Annotations
The Nebraska Wage Payment and Collection Act does not prohibit employers from discharging employees, and it does not provide employees with any substantive rights. Coffey v. Planet Group, 287 Neb. 834, 845 N.W.2d 255 (2014).
The Nebraska Wage Payment and Collection Act does not represent a very clear mandate of public policy which would warrant recognition of an exception to the employment-at-will doctrine. Malone v. American Bus. Info., 262 Neb. 733, 634 N.W.2d 788 (2001).
Nebraska Wage Payment and Collection Act does not apply to severance payment which becomes due upon termination of employment. Babb v. United Food & Commercial Workers Local 271, 233 Neb. 826, 448 N.W.2d 168 (1989).
If an employer and employee agree upon a bonus to be paid upon certain conditions and the conditions are fulfilled, the bonus is wages under the Nebraska Wage Payment and Collection Act. Knutson v. Snyder Industries, Inc., 231 Neb. 374, 436 N.W.2d 496 (1989).
The Nebraska Wage Payment and Collection Act applies only to actions to recover wages due an employee for labor or services performed for an employer. Heimbouch v. Victorio Ins. Serv., Inc., 220 Neb. 279, 369 N.W.2d 620 (1985).
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1230.01 - Employer; unpaid wages constituting commissions; duties.

48-1230.01.
Employer; unpaid wages constituting commissions; duties.
Whenever an employer separates an employee from the payroll, the unpaid wages constituting commissions shall become due on the next regular payday following the employer's receipt of payment for the goods or services from the customer from which the commission was generated. The employer shall provide an employee with a periodic accounting of outstanding commissions until all commissions have been paid or the orders have been returned or canceled by the customer.
Source
Laws 2007, LB255, § 4.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1232 - Employee; claim; judgment; additional recovery from employer; when.

48-1232.
Employee; claim; judgment; additional recovery from employer; when.
If an employee establishes a claim and secures judgment on such claim under subsection (1) of section 48-1231: (1) An amount equal to the judgment may be recovered from the employer; or (2) if the nonpayment of wages is found to be willful, an amount equal to two times the amount of unpaid wages shall be recovered from the employer. Any amount recovered pursuant to subdivision (1) or (2) of this section shall be remitted to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska.
Source
Laws 1977, LB 220A, § 5;
Laws 1989, LB 238, § 2;
Laws 1990, LB 1178, § 1;
Laws 2007, LB255, § 5;
Laws 2010, LB884, § 4.
Annotations
It is in the court's discretion whether to order an employer to pay to the common schools fund an amount equal to the judgment. There was a reasonable dispute concerning whether payment for unused vacation leave was due to the employees. Roseland v. Strategic Staff Mgmt., 272 Neb. 434, 722 N.W.2d 499 (2006).
The amount of penalty ordered to be paid to a fund to be distributed to the common schools of the state is a matter left to the discretion of the trial court, subject to the limitations prescribed by statute. Kinney v. H.P. Smith Ford, 266 Neb. 591, 667 N.W.2d 529 (2003).
The Nebraska Wage Payment and Collection Act does not represent a very clear mandate of public policy which would warrant recognition of an exception to the employment-at-will doctrine. Malone v. American Bus. Info., 262 Neb. 733, 634 N.W.2d 788 (2001).
It is discretionary with the court whether to order the employer to pay to the common school fund an amount equal to the judgment. This section should not be invoked where there is a reasonable dispute as to the fact that wages are owed or as to the amount of the wages. Morris v. Rochester Midland Corp., 259 Neb. 870, 612 N.W.2d 921 (2000).
It is discretionary with the court whether to order the employer to pay to the common school fund an amount equal to the judgment. Suess v. Lee Sapp Leasing, 229 Neb. 755, 428 N.W.2d 899 (1988).
The award of an attorney fee of not less than twenty-five percent of the unpaid wages is mandatory under this act. Barbour v. Jenson Commercial Distributing Co., 212 Neb. 512, 323 N.W.2d 824 (1982).
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1233 - Commissioner of Labor; enforcement powers.

48-1233.
Commissioner of Labor; enforcement powers.
The Commissioner of Labor shall have the authority to subpoena records and witnesses related to the enforcement of the Nebraska Wage Payment and Collection Act. The commissioner or his or her agent may inspect all related records and gather testimony on any matter relative to the enforcement of the act when the information sought is relevant to a lawful investigative purpose and is reasonable in scope.
Source
Laws 2014, LB560, § 2.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1234 - Commissioner of Labor; citation; notice of penalty; employer contest; hearing; unpaid citation, effect on government contracts.

48-1234.
Commissioner of Labor; citation; notice of penalty; employer contest; hearing; unpaid citation, effect on government contracts.
(1) The Commissioner of Labor shall issue a citation to an employer when an investigation reveals that the employer may have violated the Nebraska Wage Payment and Collection Act, other than a violation of subsection (2) of section 48-1230.
(2) When a citation is issued, the commissioner shall notify the employer of the proposed administrative penalty, if any, by certified mail or any other manner of delivery by which the United States Postal Service can verify delivery or by any method of service recognized under Chapter 25, article 5. The administrative penalty shall be not more than five hundred dollars in the case of a first violation and not more than five thousand dollars in the case of a second or subsequent violation.
(3) The employer has fifteen working days after the date of the citation or penalty to contest such citation or penalty. Notice of contest shall be sent to the commissioner who shall provide a hearing in accordance with the Administrative Procedure Act.
(4) Any employer who has an unpaid citation for a violation of the Nebraska Wage Payment and Collection Act shall be barred from contracting with the state or any political subdivision until such citation is paid. If a citation has been contested as described in subsection (3) of this section, it shall not be considered an unpaid citation under this subsection until after such contest has been resolved.
(5) Citations issued under this section and the names of employers who have been issued a citation shall be made available to the public upon request, except that this subsection shall not apply to any citations that are being contested as described in subsection (3) of this section.
Source
Laws 2014, LB560, § 3;
Laws 2019, LB359, § 7;
Laws 2020, LB1016, § 5.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1235 - Employer; retaliation or discrimination prohibited.

48-1235.
Employer; retaliation or discrimination prohibited.
An employer shall not retaliate or discriminate against an employee because the employee:
(1) Files a suit or complaint under the Nebraska Wage Payment and Collection Act; or
(2) Testifies, assists, or participates in an investigation, proceeding, or action concerning a violation of the act.
Source
Laws 2020, LB1016, § 3.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1236 - Department of Labor; post compliance and enforcement information.

48-1236.
Department of Labor; post compliance and enforcement information.
No later than December 1 of each year, the Department of Labor shall post information on its website regarding compliance with and enforcement of the Nebraska Wage Payment and Collection Act and shall provide notice to the Legislature that the information was posted. The information shall include, but not be limited to, (1) the total number of reports of unpaid wages filed with the department in the prior calendar year, (2) the total number of reports investigated in the prior calendar year, (3) the results of all investigations completed in the prior calendar year, including, but not limited to, the number of cases in which wages were found to be owed to an employee, the number of cases in which the employer paid wages owed to the employee during the course of the investigation, and the number of cases in which it was found that no wages were owed to an employee, (4) the number of citations issued pursuant to section 48-1234 in the prior calendar year, (5) the total amount of wages owed to employees according to the citations issued in the prior calendar year, (6) the number of employers with more than two citations in the previous five years, and (7) the number and names of employers with at least one unpaid citation from the previous five years.
Source
Laws 2020, LB1016, § 6.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1501 - Sheltered workshop, defined.

48-1501.
Sheltered workshop, defined.
As used in sections 48-1501 to 48-1506, unless the context otherwise requires, sheltered workshop shall mean a facility in Nebraska operated by a public agency or a private nonprofit corporation organized for the primary purpose of employment of and service to physically or mentally disabled clients in a program of rehabilitation. Such facility shall be certified as a sheltered workshop, a work activity center, or an equivalent by an independent accrediting agency and comply with the Fair Labor Standards Amendments of 1966, Public Law No. 89-601, 80 Stat. 830, as a sheltered workshop or a work activity center.
Source
Laws 1984, LB 540, § 1;
Laws 1997, LB 238, § 5.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1502 - Sheltered workshop; negotiate contracts; conditions.

48-1502.
Sheltered workshop; negotiate contracts; conditions.
To negotiate contracts pursuant to sections 48-1501 to 48-1506, a sheltered workshop shall:
(1) Employ a minimum of ten physically or mentally disabled clients;
(2) Provide disabled clients with a wage at a level consistent with their health, efficiency, and general well-being as required by Chapter 48, article 12;
(3) Provide a controlled work environment and a program designed to enable the disabled client enrolled in the program to progress toward normal living and develop, as far as possible, his or her capacity, performance, and relationship with other persons; and
(4) Provide a work experience sufficiently diverse to accommodate the needs of each disabled client enrolled in the program.
Source
Laws 1984, LB 540, § 2;
Laws 1997, LB 238, § 6.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1503 - Governmental subdivisions; direct negotiation for products and services; considerations; procedures; contract requirements.

48-1503.
Governmental subdivisions; direct negotiation for products and services; considerations; procedures; contract requirements.
Whenever the State of Nebraska, any department or any agency thereof, or any county, municipality, school district, township, or other governmental subdivision is required to advertise for bids pursuant to any statutes of the State of Nebraska, it may directly negotiate and contract for products and services with a sheltered workshop. Direct negotiation for products and services, notwithstanding the procedures for public lettings pursuant to sections 73-101 to 73-106, may be conducted if the department, agency, or subdivision gives consideration to the following elements:
(1) Whether the product or service contracted for is supplied by the sheltered workshop at a fair market price;
(2) Whether the product or service meets the specifications of the department, agency, or subdivision;
(3) The ability, capacity, and skill of the sheltered workshop to perform the contract required;
(4) The character, integrity, reputation, judgment, experience, and efficiency of the sheltered workshop;
(5) Whether the sheltered workshop can perform the contract within the time specified;
(6) The quality of performance of previous contracts;
(7) The previous and existing compliance by the sheltered workshop with laws relating to the contract;
(8) The life-cost of the product or service in relation to the purchase price and specific use of the item; and
(9) The performance of the product or service, taking into consideration any commonly accepted tests and standards of product usability and user requirements.
An agency, subdivision, or city under home rule charter shall furnish prior public notice of its intention to enter into such contract, the general nature of the proposed work, and the name of the person to be contacted for additional information by any sheltered workshop interested in contracting for such work.
Any contract negotiated pursuant to this section shall be in writing and shall be made available to the public by the purchasing party upon request. Such a contract shall include the purchase price, the quantity of product or service purchased, and the time period for which the product or service will be provided.
Source
Laws 1984, LB 540, § 3.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1504 - Conduct prohibited.

48-1504.
Conduct prohibited.
No person shall engage in, aid, or abet any person in any conduct, fraudulent activity, or misrepresentation of the facts in violation of sections 48-1501 to 48-1503.
Source
Laws 1984, LB 540, § 4.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1505 - Violations; penalty.

48-1505.
Violations; penalty.
A person violating any provision of sections 48-1501 to 48-1504 shall be guilty of a Class IV misdemeanor. In the case of a continuing violation, each day shall constitute a separate offense.
Source
Laws 1984, LB 540, § 13.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1506 - Home rule charter cities; direct negotiation for products and services.

48-1506.
Home rule charter cities; direct negotiation for products and services.
Notwithstanding the provisions for public lettings required by a city home rule charter adopted pursuant to Article XI of the Constitution, the governing body of any such city may negotiate directly with a sheltered workshop pursuant to section 48-1503.
Source
Laws 1984, LB 540, § 5.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1702 - Terms, defined.

48-1702.
Terms, defined.
For purposes of the Farm Labor Contractors Act, unless the context otherwise requires:
(1) Department means the Department of Labor;
(2) Farm labor contractor means any individual, partnership, limited liability company, corporation, or cooperative association, other than an agricultural employer, an agricultural association, or an employee of an agricultural employer or agricultural association, who for any money or other valuable consideration paid or promised to be paid performs any farm labor contracting activity;
(3) Farm labor contracting activity means recruiting, soliciting, hiring, employing, furnishing, or transporting any migrant or seasonal agricultural worker;
(4) Non-English-speaking worker has the same meaning as non-English-speaking employee in section 48-2208; and
(5) Worker means a person who is employed or recruited by or who subcontracts with a farm labor contractor.
Source
Laws 1987, LB 344, § 2;
Laws 1993, LB 121, § 301;
Laws 2002, LB 931, § 1;
Laws 2003, LB 418, § 9.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1703 - Act; exclusions.

48-1703.
Act; exclusions.
The following shall be excluded from the Farm Labor Contractors Act:
(1) Any individual who engages in a farm labor contracting activity on behalf of a farm, processing establishment, cannery, gin, packing shed, or nursery, which is owned and operated exclusively by such individual or a member of his or her immediate family, if such activities are performed only for such operation and exclusively by such individual or family member, but without regard to whether such individual has incorporated or otherwise organized for business purposes;
(2) Any common carrier which would be a farm labor contractor solely because it is engaged in transporting any migrant or seasonal agricultural worker. For purposes of this section, a common carrier is one which holds itself out to the general public to engage in transportation of passengers for hire, whether over regular or irregular routes, and which holds a valid certificate or authorization for such purposes from an appropriate local, state, or federal agency;
(3) Any labor organization as defined under applicable state law;
(4) Any nonprofit charitable organization or public or private nonprofit educational institution;
(5) Any custom combine, hay harvesting, sheep shearing, or custom poultry operations;
(6) Employees of exempt employers; and
(7) Any operation which has a workforce comprised of eighty percent or more individuals who are seventeen years of age or younger and which has obtained a certificate of exemption from the department. Any operator who meets the requirements of this subdivision shall be issued such certificate by the department. The department shall adopt and promulgate rules and regulations necessary to carry out this subdivision.
Source
Laws 1987, LB 344, § 3;
Laws 1992, LB 452, § 1;
Laws 2002, LB 931, § 2.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1704 - Farm labor contractor; license; form; contents.

48-1704.
Farm labor contractor; license; form; contents.
(1) Except as otherwise provided by the Farm Labor Contractors Act, no person shall act as a farm labor contractor and engage in farm labor contracting activity unless such person holds a valid license issued by the department.
(2) Farm labor contractor licenses may be issued by the department only as follows:
(a) To an individual operating as a sole proprietor under the person's own name or under an assumed business name registered with the state;
(b) To two or more individuals operating as a partnership under their own names or under an assumed business name registered with the state; and
(c) To a corporation, limited liability company, or cooperative association authorized to do business in Nebraska.
(3) An application for a license as a farm labor contractor shall be sworn to by the applicant and shall be written on a form prescribed by the department. The form shall include, but not be limited to, the following:
(a) The applicant's name and Nebraska address, all other temporary and permanent addresses the applicant uses or knows will be used in the future, and, if the applicant is an individual, the applicant's social security number;
(b) Information on all motor vehicles to be used by the applicant in operations as a farm labor contractor, including the license number and state of licensure, the vehicle number, and the name and address of the vehicle owner for all vehicles used for farm labor contracting activity;
(c) Whether or not the applicant was ever denied a license under the Farm Labor Contractors Act or in any other jurisdiction under a similar law or had such a license revoked or suspended; and
(d) The names and addresses of all persons financially interested, whether as partners, limited liability company members, shareholders, associates, or profit sharers in the applicant's proposed operations as a farm labor contractor, together with the amount of their respective interests, and whether or not, to the best of the applicant's knowledge, any of such persons was ever denied a license under the act or in any other jurisdiction or had such a license revoked or suspended.
Source
Laws 1987, LB 344, § 4;
Laws 1993, LB 121, § 302;
Laws 1994, LB 884, § 66;
Laws 1997, LB 752, § 128.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1706 - Application fee.

48-1706.
Application fee.
Each application shall be accompanied by a fee. The Commissioner of Labor shall establish the amount of the fee, which shall not exceed seven hundred fifty dollars, by rule and regulation. The fee shall be established with due regard for the costs of administering the Farm Labor Contractors Act. All fees so collected shall be deposited in the Contractor and Professional Employer Organization Registration Cash Fund.
Source
Laws 1987, LB 344, § 6;
Laws 2002, LB 931, § 3;
Laws 2016, LB270, § 2.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1709 - Notice; posting.

48-1709.
Notice; posting.
Every farm labor contractor covered by the Farm Labor Contractors Act shall post conspicuously upon the premises where employees working under the contractor are employed, in both English and Spanish, a notice specifying the contractor's compliance with the act and the name and Nebraska address of the surety on the bond or a notice that a deposit in lieu of the bond has been made with the department together with the address of the department.
Source
Laws 1987, LB 344, § 9.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1710 - Department; licensing duties; license; protest; term; renewal; fee.

48-1710.
Department; licensing duties; license; protest; term; renewal; fee.
(1) The department shall conduct an investigation of each applicant's character, competence, and reliability and any other matters relating to the applicant's operations as a farm labor contractor.
(2) The department shall issue a license within fifteen days of receipt of the application if the department determines that the applicant is of satisfactory character, competence, and reliability.
(3) Any person may protest the issuance of a license to any applicant at any time by filing with the department a written statement detailing such person's reasons for protesting.
(4) The licensing year shall run from April 1 to the following March 31 and each license shall expire on March 31 following the date of its issuance unless sooner revoked by the department.
(5) A license shall be renewed annually upon payment in advance of the required fee, except that the Commissioner of Labor may require any person seeking renewal to file a new application and may conduct a new investigation of the applicant's character, competence, and reliability and any other matters relating to the applicant's operations as a farm labor contractor.
(6) On its own initiative or upon receipt of a complaint or notice that a farm labor contractor is in violation of the Farm Labor Contractors Act, the department shall conduct an investigation of such contractor.
Source
Laws 1987, LB 344, § 10;
Laws 2002, LB 931, § 4.