reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-2604 - Athlete agent; registration required; void contracts.

48-2604.
Athlete agent; registration required; void contracts.
(1) Except as otherwise provided in subsection (2) of this section, an individual may not act as an athlete agent in this state without holding a certificate of registration under section 48-2606 or 48-2608.
(2) Before being issued a certificate of registration, an individual may act as an athlete agent in this state for all purposes except signing an agency contract if:
(a) A student-athlete or another person acting on behalf of the student-athlete initiates communication with the individual; and
(b) Within seven days after an initial act as an athlete agent, the individual submits an application for registration as an athlete agent in this state.
(3) An agency contract resulting from conduct in violation of this section is void, and the athlete agent shall return any consideration received under the contract.
Source
Laws 2009, LB292, § 4.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-2607 - Suspension, revocation, or refusal to renew registration.

48-2607.
Suspension, revocation, or refusal to renew registration.
(1) The Secretary of State may suspend, revoke, or refuse to renew a registration for conduct that would have justified denial of registration under subsection (2) of section 48-2606.
(2) The Secretary of State may deny, suspend, revoke, or refuse to renew a certificate of registration or licensure only after proper notice and an opportunity for a hearing. The Administrative Procedure Act applies to the Nebraska Uniform Athlete Agents Act.
Source
Laws 2009, LB292, § 7.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-2609 - Registration and renewal fees.

48-2609.
Registration and renewal fees.
(1) An application for registration or renewal of registration must be accompanied by either an application for registration fee or a renewal of registration fee, as applicable.
(2) The Secretary of State may, by rule and regulation, establish fees for applications for registration and renewals of registration at rates sufficient to cover the costs of administering the Nebraska Uniform Athlete Agents Act, in the event any such fees are required. Such fees shall be collected by the Secretary of State and remitted to the State Treasurer for credit to the Secretary of State Cash Fund.
Source
Laws 2009, LB292, § 9;
Laws 2020, LB910, § 17.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-2610 - Required form of contract.

48-2610.
Required form of contract.
(1) An agency contract must be in a record, signed or otherwise authenticated by the parties.
(2) An agency contract must state or contain:
(a) The amount and method of calculating the consideration to be paid by the student-athlete for services to be provided by the athlete agent under the contract and any other consideration the athlete agent has received or will receive from any other source for entering into the contract or for providing the services;
(b) The name of any person not listed in the application for registration or renewal of registration who will be compensated because the student-athlete signed the agency contract;
(c) A description of any expenses that the student-athlete agrees to reimburse;
(d) A description of the services to be provided to the student-athlete;
(e) The duration of the contract; and
(f) The date of execution.
(3) An agency contract must contain, in close proximity to the signature of the student-athlete, a conspicuous notice in boldface type in capital letters stating:
WARNING TO STUDENT-ATHLETE
(1) IF YOU ENTER INTO NEGOTIATIONS FOR, OR SIGN, A PROFESSIONAL-SPORTS-SERVICES CONTRACT, YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT-ATHLETE IN YOUR SPORT;
(2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER ENTERING INTO THIS CONTRACT, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR; AND
(3) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT.
(4) An agency contract that does not conform to this section is voidable by the student-athlete. If a student-athlete voids an agency contract, the student-athlete is not required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce the student-athlete to enter into the contract.
(5) The athlete agent shall give a record of the signed or otherwise authenticated agency contract to the student-athlete at the time of execution.
Source
Laws 2009, LB292, § 10;
Laws 2020, LB962, § 10.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-2611 - Notice to educational institution.

48-2611.
Notice to educational institution.
(1) Within seventy-two hours after entering into an agency contract or before the next scheduled athletic event in which the student-athlete may participate, whichever occurs first, the athlete agent shall give notice in a record of the existence of the contract to the athletic director of the educational institution at which the student-athlete is enrolled or the athlete agent has reasonable grounds to believe the student-athlete intends to enroll.
(2) Within seventy-two hours after entering into an agency contract or before the next athletic event in which the student-athlete may participate, whichever occurs first, the student-athlete shall inform the athletic director of the educational institution at which the student-athlete is enrolled that he or she has entered into an agency contract.
Source
Laws 2009, LB292, § 11.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-2612 - Student-athlete's right to cancel.

48-2612.
Student-athlete's right to cancel.
(1) A student-athlete may cancel an agency contract by giving notice of the cancellation to the athlete agent in a record within fourteen days after the contract is signed.
(2) A student-athlete may not waive the right to cancel an agency contract.
(3) If a student-athlete cancels an agency contract, the student-athlete is not required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce the student-athlete to enter into the contract.
Source
Laws 2009, LB292, § 12.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-2613 - Required records.

48-2613.
Required records.
(1) An athlete agent shall retain the following records for a period of five years:
(a) The name and address of each individual represented by the athlete agent;
(b) Any agency contract entered into by the athlete agent; and
(c) Any direct costs incurred by the athlete agent in the recruitment or solicitation of a student-athlete to enter into an agency contract.
(2) Records required by subsection (1) of this section to be retained are open to inspection by the Secretary of State during normal business hours.
Source
Laws 2009, LB292, § 13.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-2614 - Prohibited conduct.

48-2614.
Prohibited conduct.
(1) An athlete agent, with the intent to induce a student-athlete to enter into an agency contract, may not:
(a) Give any materially false or misleading information or make a materially false promise or representation;
(b) Furnish anything of value to a student-athlete before the student-athlete enters into the agency contract; or
(c) Furnish anything of value to any individual other than the student-athlete or another registered athlete agent.
(2) An athlete agent may not intentionally:
(a) Initiate contact with a student-athlete unless registered under the Nebraska Uniform Athlete Agents Act;
(b) Refuse or fail to retain or permit inspection of the records required to be retained by section 48-2613;
(c) Fail to register when required by section 48-2604;
(d) Provide materially false or misleading information in an application for registration or renewal of registration;
(e) Predate or postdate an agency contract; or
(f) Fail to notify a student-athlete before the student-athlete signs or otherwise authenticates an agency contract for a particular sport that entering into negotiations for, or signing, a professional-sports-services contract may make the student-athlete ineligible to participate as a student-athlete in that sport.
Source
Laws 2009, LB292, § 14;
Laws 2020, LB962, § 11.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-2616 - Civil remedies.

48-2616.
Civil remedies.
(1) An educational institution has a right of action against an athlete agent or a former student-athlete for damages caused by a violation of the Nebraska Uniform Athlete Agents Act. In an action under this section, the court may award to the prevailing party costs and reasonable attorney's fees.
(2) Damages of an educational institution under subsection (1) of this section include losses and expenses incurred because, as a result of the conduct of an athlete agent or a former student-athlete, the educational institution was injured by a violation of the act or was penalized, disqualified, or suspended from participation in athletics by a national association for the promotion and regulation of athletics, by an athletic conference, or by reasonable self-imposed disciplinary action taken to mitigate sanctions likely to be imposed by such an organization.
(3) A right of action under this section does not accrue until the educational institution discovers or by the exercise of reasonable diligence would have discovered the violation by the athlete agent or former student-athlete.
(4) Any liability of the athlete agent or the former student-athlete under this section is several and not joint.
(5) The act does not restrict rights, remedies, or defenses of any person under law or equity.
Source
Laws 2009, LB292, § 16.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-2619 - Electronic Signatures in Global and National Commerce Act.

48-2619.
Electronic Signatures in Global and National Commerce Act.
The provisions of the Nebraska Uniform Athlete Agents Act governing the legal effect, validity, or enforceability of electronic records or signatures, and of contracts formed or performed with the use of such records or signatures, conform to the requirements of section 102 of the Electronic Signatures in Global and National Commerce Act, Public Law 106-229, 114 Stat. 464 (2000), as such act existed on January 1, 2009, and supersede, modify, and limit the Electronic Signatures in Global and National Commerce Act.
Source
Laws 2009, LB292, § 19.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-2705 - Financial commitment required; filing with department.

48-2705.
Financial commitment required; filing with department.
(1) Except as provided in subsections (7) and (10) of section 48-2704, each professional employer organization or professional employer organization group shall have either:
(a) Positive working capital of at least one hundred thousand dollars at the time of initial registration and each renewal thereafter as reflected in the financial statements submitted to the department with the initial registration and each annual renewal; or
(b)(i) If the positive working capital of the professional employer organization is less than one hundred thousand dollars, a bond, certificate of deposit, escrow account, or irrevocable letter of credit in an amount of not less than one hundred thousand dollars; or
(ii) If the financial statement submitted to the department indicates a deficit in working capital, a bond, certificate of deposit, escrow account, or irrevocable letter of credit in an amount that is not less than one hundred thousand dollars plus an amount that is sufficient to cover that deficit.
(2) The commitment described in subdivision (1)(b) of this section shall be in a form approved by the department, shall be held in a depository designated by the department, and shall secure the payment by the professional employer organization or professional employer organization group of any wages, salaries, employee benefits, workers' compensation insurance premiums, payroll taxes, unemployment insurance contributions, or other amounts that are payable to or with respect to an employee performing services for a client if the professional employer organization or professional employer organization group does not make those payments when due. The commitment shall be established in favor of or be made payable to the department, for the benefit of the state and any employee to whom or with respect to whom the professional employer organization or professional employer organization group does not make a payment described in this subsection when due. The professional employer organization or professional employer organization group shall file with the department any agreement, instrument, or other document that is necessary to enforce the commitment against the professional employer organization or professional employer organization group, against any relevant third party, or both.
Source
Laws 2010, LB579, § 5.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-2707 - Funds; records.

48-2707.
Funds; records.
Any funds held by the professional employer organization in a fiduciary capacity shall be recorded separately and held in a fiduciary capacity on behalf of each client. The professional employer organization shall keep copies of all the records pertaining to such deposits and withdrawals and, upon request of a client, shall furnish the client with an accounting and copies of the records.
Source
Laws 2010, LB579, § 7.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-2708 - Retirement and employee welfare benefit plans.

48-2708.
Retirement and employee welfare benefit plans.
(1) A client and a professional employer organization shall each be deemed an employer under the laws of this state for purposes of sponsoring retirement and employee welfare benefit plans for its covered employees.
(2) A fully insured employee welfare benefit plan offered to the covered employees of a single professional employer organization shall be for purposes of state law a single employee welfare benefit plan and shall not be considered a multiple employer welfare arrangement, as defined in section 44-7603, and shall be exempt from the registration requirements of the Multiple Employer Welfare Arrangement Act.
(3) For purposes of the Small Employer Health Insurance Availability Act, a professional employer organization shall be considered the employer of all of its covered employees and all covered employees of any client participating in a health benefit plan sponsored by a single professional employer organization shall be considered employees of the professional employer organization. Subject to any eligibility requirements imposed by the plan or policy, the insurer shall accept and insure all employees of the client and all beneficiaries of those employees.
Source
Laws 2010, LB579, § 8.
Cross References
Multiple Employer Welfare Arrangement Act, see section 44-7601.
Small Employer Health Insurance Availability Act, see section 44-5223.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-2710 - Fees.

48-2710.
Fees.
(1) The department shall adopt a schedule of fees for initial registration, annual registration renewal, and limited registration, not to exceed two thousand five hundred dollars for initial registration, one thousand five hundred dollars for annual registration renewal, and one thousand dollars for limited registration. Such fees shall not exceed those reasonably necessary for the administration of the Professional Employer Organization Registration Act.
(2) Fees imposed pursuant to this section shall be remitted to the State Treasurer for credit to the Contractor and Professional Employer Organization Registration Cash Fund.
Source
Laws 2010, LB579, § 10;
Laws 2016, LB270, § 4.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-2902 - Terms, defined.

48-2902.
Terms, defined.
For purposes of the Employee Classification Act:
(1) Commissioner means the Commissioner of Labor;
(2) Construction has the same meaning as in section 48-2103;
(3) Contractor means an individual, partnership, limited liability company, corporation, or other business entity engaged in a delivery service or a construction contractor business, as contractor is defined in section 48-2103, and includes any subcontractor performing services for a contractor;
(4) Delivery service means the transport and delivery of goods, products, supplies, or raw materials upon the highways of this state;
(5) Department means the Department of Labor; and
(6) Performing services means the performance of construction labor or delivery services for remuneration.
Source
Laws 2010, LB563, § 2.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-2903 - Presumption; act; how construed.

48-2903.
Presumption; act; how construed.
(1) An individual performing construction labor services for a contractor is presumed an employee and not an independent contractor for purposes of the Employee Classification Act, unless:
(a) The individual meets the criteria found in subdivision (5) of section 48-604;
(b) The individual has been registered as a contractor pursuant to the Contractor Registration Act prior to commencing construction work for the contractor; and
(c) The individual has been assigned a combined tax rate pursuant to sections 48-649 to 48-649.04 or is exempted from unemployment insurance coverage pursuant to subdivision (6) of section 48-604.
(2) An individual performing delivery services for a contractor is presumed an employee and not an independent contractor for purposes of the Employee Classification Act, unless the individual meets the criteria found in subdivision (5) of section 48-604 or is exempted from unemployment insurance coverage pursuant to subdivision (6) of section 48-604.
(3) The Employee Classification Act shall not be construed to affect or apply to a common-law or statutory action providing for recovery in tort and shall not be construed to affect or change the common-law interpretation of independent contractor status as it relates to tort liability or a workers' compensation claim. The act shall also not be construed to affect or alter the use of the term independent contractor as interpreted by the Department of Revenue and shall not be construed to affect any action brought pursuant to the Nebraska Revenue Act of 1967.
Source
Laws 2010, LB563, § 3;
Laws 2017, LB172, § 84.
Cross References
Contractor Registration Act, see section 48-2101.
Nebraska Revenue Act of 1967, see section 77-2701.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-2905 - Reports of suspected violations; department; duties; confidentiality.

48-2905.
Reports of suspected violations; department; duties; confidentiality.
The department shall establish and operate a hotline and website for individuals to report suspected violations of the Employee Classification Act. The hotline and website may be operated in conjunction with the requirements of the Contractor Registration Act. At a minimum, the department shall require the reporting individual to provide contact information and a description of the suspected violation including the name of the business and job site location. Except to the extent needed in any administrative hearing, civil action, or criminal proceeding brought to enforce the Employment Security Law, Nebraska Revenue Act of 1967, or Nebraska Workers' Compensation Act, information obtained by the department under this section or obtained from any individual pursuant to the administration of the Employee Classification Act shall be held confidential.
Source
Laws 2010, LB563, § 5.
Cross References
Contractor Registration Act, see section 48-2101.
Employment Security Law, see section 48-601.
Nebraska Revenue Act of 1967, see section 77-2701.
Nebraska Workers' Compensation Act, see section 48-1,110.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-2907 - Commissioner; citation; notice of penalty; contractor contest; hearing; unpaid administrative penalty, effect on government contracts.

48-2907.
Commissioner; citation; notice of penalty; contractor contest; hearing; unpaid administrative penalty, effect on government contracts.
(1) In addition to any other fines or penalties provided by law, the commissioner may issue a citation to a contractor when an investigation reveals that a contractor has violated the Employee Classification Act.
(2) When a citation is issued, the commissioner shall notify the contractor 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 per misclassified individual for the first offense and not more than five thousand dollars per misclassified individual for each second or subsequent offense.
(3) The contractor 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) A contractor who is assessed an administrative penalty for a violation of the Employee Classification Act shall pay such administrative penalty no later than ten days after the date the penalty becomes final and not subject to further appeal. A contractor who has an unpaid administrative penalty in violation of this subsection shall be barred from contracting with the state or any political subdivision until such administrative penalty is paid.
Source
Laws 2010, LB563, § 7;
Laws 2018, LB953, § 2;
Laws 2020, LB1016, § 8.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-2908 - Action to collect unpaid combined taxes plus interest; additional investigation and enforcement action.

48-2908.
Action to collect unpaid combined taxes plus interest; additional investigation and enforcement action.
Upon finding a contractor has violated the Employee Classification Act, the commissioner shall instigate proceedings pursuant to the Employment Security Law to collect any unpaid combined taxes plus interest. The commissioner shall share any violations with the Department of Revenue for analysis of violations of the Nebraska Revenue Act of 1967 and with the Nebraska Workers' Compensation Court. Upon receipt, the Department of Revenue shall promptly investigate and, if appropriate, proceed with the collection of any income tax not withheld plus interest and penalties. The commissioner, Department of Revenue, and Nebraska Workers' Compensation Court shall refer any violation reasonably believed to be a civil or criminal violation of the Employment Security Law, the Nebraska Revenue Act of 1967, the Nebraska Workers' Compensation Act, or another law to the appropriate prosecuting authority for appropriate action.
Source
Laws 2010, LB563, § 8.
Cross References
Employment Security Law, see section 48-601.
Nebraska Revenue Act of 1967, see section 77-2701.
Nebraska Workers' Compensation Act, see section 48-1,110.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-2909 - Report; contents.

48-2909.
Report; contents.
The department shall provide electronically an annual report to the Legislature regarding compliance with and enforcement of the Employee Classification Act. The report shall include, but not be limited to, the number of reports received from both its hotline and website, the number of investigated reports, the findings of the reports, the amount of combined tax, interest, and fines collected, the number of referrals to the Department of Revenue, Nebraska Workers' Compensation Court, and appropriate prosecuting authority, and the outcome of such referrals.
Source
Laws 2010, LB563, § 9;
Laws 2012, LB782, § 67.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-2910 - Contractor; post notice.

48-2910.
Contractor; post notice.
Every contractor shall post in a conspicuous place at the job site or place of business in English and Spanish the following notice:
(1) Every individual working for a contractor has the right to be properly classified by the contractor as an employee rather than an independent contractor if the individual does not meet the requirements of an independent contractor under the law known as the Employee Classification Act.
(2) If you believe you or someone else has not been properly classified as an employee or an independent contractor under the Employee Classification Act, contact the Department of Labor.
Source
Laws 2010, LB563, § 10.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-2911 - Contracts; affidavit required; rescission.

48-2911.
Contracts; affidavit required; rescission.
Any contract between the state or a political subdivision and a contractor shall require that each contractor who performs construction or delivery service pursuant to the contract submit to the state or political subdivision an affidavit attesting that (1) each individual performing services for such contractor is properly classified under the Employee Classification Act, (2) such contractor has completed a federal I-9 immigration form and has such form on file for each employee performing services, (3) such contractor has complied with section 4-114, (4) such contractor has no reasonable basis to believe that any individual performing services for such contractor is an undocumented worker, and (5) as of the time of the contract, such contractor is not barred from contracting with the state or any political subdivision pursuant to section 48-2907 or 48-2912. Such contract shall also require that the contractor follow the provisions of the Employee Classification Act. A violation of the act by a contractor is grounds for rescission of the contract by the state or political subdivision.
Source
Laws 2010, LB563, § 11;
Laws 2018, LB953, § 3.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-2912 - Contractor; false affidavit; penalties.

48-2912.
Contractor; false affidavit; penalties.
Any contractor who knowingly provides a false affidavit under section 48-2911 to the state or political subdivision shall be subject to the penalties of perjury and upon a second or subsequent violation shall be barred from contracting with the state or any political subdivision for a period of three years after the date of discovery of the falsehood.
Source
Laws 2010, LB563, § 12.
Cross References
Perjury, penalty, see section 28-915.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-3002 - Legislative findings and declarations.

48-3002.
Legislative findings and declarations.
The Legislature hereby finds and declares that:
(1) Current economic conditions in the state have resulted in unemployment, loss of jobs, and difficulty in attracting new jobs; and
(2) It is the policy of the state to make revisions in Nebraska's job training structure to encourage businesses to promote the creation of and training for new jobs which can be performed in the home within the state.
Source
Laws 2010, LB1081, § 2.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-3003 - Terms, defined.

48-3003.
Terms, defined.
For purposes of the Teleworker Job Creation Act:
(1) Application filing date means the date that the employer files an application for an agreement with the director under the act;
(2) Base year means the three hundred sixty-five days immediately preceding the application filing date;
(3) Base-year employee means any individual who was employed in Nebraska and subject to the Nebraska income tax on compensation received from the employer or its predecessors during the base year and who is employed at the project;
(4) Director means the Director of Economic Development;
(5) Employer means a corporation, partnership, limited liability company, cooperative, limited cooperative association, or joint venture, together with such other entities that are, or would be if incorporated, members of the same unitary group as defined in section 77-2734.04, that employs the teleworkers for which the job training reimbursements are applied for under the act;
(6) Qualified training program means a training program which has the following features: (a) The program has at least fifteen hours of instruction per trainee, all of which will occur in the trainee's residence; (b) trainees are each paid at least the federal minimum hourly wage per hour of training performed; (c) trainees are being trained as teleworkers; and (d) the program requires the trainees to pass job-related tests established by the employer;
(7) Qualifying employee means a teleworker who has the following characteristics: (a) The teleworker constitutes an employee of the employer under section 77-2753; (b) the teleworker resides in Nebraska at the time of his or her employment application according to his or her statement on his or her employment application; (c) the teleworker completes a qualified training program; (d) the teleworker is not a base-year employee; (e) the teleworker is not required to purchase a computer from the employer; (f) the teleworker has passed such job-related tests required under the qualified training program; (g) the teleworker has passed a criminal background check as required by the employer; and (h) the teleworker has been allowed to complete the hiring process paperwork from his or her residence, except for any drug testing and notarized proof of identity, which can be performed at such location directed by the employer; and
(8) Teleworker means a person who works for the employer from his or her residence through the use of telecommunication systems, such as the telephone and the Internet, for inbound-only service and order-taking sales calls, which calls may also include the upselling of related products or services.
Source
Laws 2010, LB1081, § 3.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-3005 - Employer; submit description of training program.

48-3005.
Employer; submit description of training program.
(1) To be eligible to file an application for an agreement with the director under the Teleworker Job Creation Act, the employer shall submit a description of its training program to the director for review.
(2) If the employer's training program meets the requirements to constitute a qualified training program under the act, the director shall approve such program and provide the employer with an approval letter.
Source
Laws 2010, LB1081, § 5.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-3006 - Job training reimbursements; employer; requirements; amount of reimbursements.

48-3006.
Job training reimbursements; employer; requirements; amount of reimbursements.
(1) Job training reimbursements shall be made to any employer who has an approved application pursuant to the Teleworker Job Creation Act and who trains at least four hundred qualifying employees in a qualified training program within three hundred sixty-five calendar days from the application filing date and offers employment to those qualifying employees to work for the employer as a teleworker. The employer shall, to the extent of available job positions, give a hiring priority preference, over other similarly qualified applicants, to those applicants who (a) reside in Nebraska counties of less than one hundred thousand inhabitants, as determined by the most recent federal decennial census, with such residence as determined by the statement of the qualifying employee on his or her employment application, or (b) reside in areas of high concentration of poverty within the corporate limits of a city or village consisting of one or more contiguous census tracts, as determined by the most recent federal decennial census, which contain a percentage of persons below the poverty line of greater than thirty percent, and all census tracts contiguous to such tract or tracts, as determined by the most recent federal decennial census. Such job positions shall pay a wage of at least the then-required minimum hourly wage required by federal law. If the employer fails to provide such a hiring priority preference to one or more of the persons entitled to it, then the employer shall lose the right to one job training reimbursement for each such failure.
(2) The amount of the job training reimbursements allowed under subsection (1) of this section shall be three hundred dollars for each new qualifying employee hired by the employer after the application filing date, up to a total of five hundred qualifying employees per project, resulting in a maximum reimbursement per project of one hundred fifty thousand dollars.
Source
Laws 2010, LB1081, § 6.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-3007 - Request; form; contents.

48-3007.
Request; form; contents.
A request for job training reimbursements may be filed annually or quarterly by the employer on a form required by the director. Each request shall contain verification of the number of qualifying employees, designated by project, for which the employer has met the requirements of the Teleworker Job Creation Act, and such amounts shall be paid to the employer upon approval by the director.
Source
Laws 2010, LB1081, § 7.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-3008 - Department of Economic Development; audit employer.

48-3008.
Department of Economic Development; audit employer.
The Department of Economic Development shall, prior to making the job training reimbursement, audit the employer for compliance with the Teleworker Job Creation Act. The department may utilize the subaccount created under subsection (3) of section 81-1201.21 to support the costs of audits and administration of the Teleworker Job Creation Act.
Source
Laws 2010, LB1081, § 8.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-3009 - Right to reimbursement and agreement under act; not transferable; exception.

48-3009.
Right to reimbursement and agreement under act; not transferable; exception.
(1) The right to job training reimbursements and the agreement under the Teleworker Job Creation Act shall not be transferable except when a project covered by an agreement is transferred by sale or lease to another employer or in an acquisition of assets qualifying under section 381 of the Internal Revenue Code of 1986.
(2) The acquiring employer, as of the date of notification of the director of the completed transfer, shall be entitled to any unused job training reimbursements and to any future job training reimbursements allowable under the act.
Source
Laws 2010, LB1081, § 9.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-3011 - No preclusion from receiving tax incentives or other benefits.

48-3011.
No preclusion from receiving tax incentives or other benefits.
Participation in the Teleworker Job Creation Act shall not preclude an employer from receiving tax incentives or other benefits under other federal, state, or local incentive programs.
Source
Laws 2010, LB1081, § 11.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-3202 - Terms, defined.

48-3202.
Terms, defined.
For purposes of the Facilitating Business Rapid Response to State Declared Disasters Act:
(1) Declared state disaster or emergency means a disaster or emergency event (a) for which a Governor's state of emergency proclamation has been issued or (b) that the President of the United States has declared to be a major disaster or emergency;
(2) Disaster period means the period of time that begins ten days before the Governor's proclamation of a state of emergency or the declaration by the President of the United States of a major disaster or emergency, whichever occurs first, and extending for a period of sixty calendar days following the end of the period specified in the proclamation or declaration or sixty calendar days after the proclamation or declaration if no end is provided. The Governor may extend the disaster period as warranted;
(3) Infrastructure means real and personal property, including buildings, offices, power lines, cable lines, poles, communication lines, pipes, structures, equipment, and related support facilities, owned or used by a public utility, communications network, broadband or Internet service provider, cable or video service provider, natural gas distribution system, or water pipeline that provides service to more than one customer or person;
(4)(a) Out-of-state business means a business entity:
(i) That does not have a presence in the state;
(ii) That does not conduct business in the state;
(iii) That has no registrations, tax filings, or nexus in the state before the declared state disaster or emergency; and
(iv) Whose assistance in repairing, renovating, installing, or building infrastructure or rendering services or other business activities related to a declared state disaster or emergency is requested by the state, a county, city, village, or other political subdivision of the state, or a registered business that owns or uses infrastructure.
(b) Out-of-state business includes a business entity that is affiliated with a registered business solely through common ownership as long as that business entity does not have any registrations, tax filings, or nexus in the state before the declared state disaster or emergency. For purposes of this section, a prior registration as an out-of-state business for a declared state disaster or emergency shall not be considered a registration in this state;
(5) Out-of-state employee means a nonresident individual who does not work in the state except for disaster or emergency related work during a disaster period; and
(6) Registered business means a business entity that is registered or licensed to do business in the state before the declared state disaster or emergency.
Source
Laws 2016, LB913, § 2.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-3203 - Out-of-state business; applicability of state or local employment, licensing, or registration requirements; out-of-state employee; how treated.

48-3203.
Out-of-state business; applicability of state or local employment, licensing, or registration requirements; out-of-state employee; how treated.
(1) An out-of-state business that conducts operations within the state for purposes of assisting in repairing, renovating, installing, or building infrastructure or rendering services or other business activities related to a declared state disaster or emergency during the disaster period shall not be considered to have established a level of presence that would subject the out-of-state business or any of its out-of-state employees to any of the following state or local employment, licensing, or registration requirements:
(a) Registration with the Secretary of State;
(b) Withholding or income tax registration, filing, or remitting requirements; and
(c) Sales, use, or ad valorem tax on equipment brought into the state temporarily for use or consumption during the disaster period if such equipment does not remain in the state after the disaster period.
(2) An out-of-state employee shall not be considered to have established residency or a presence in the state that would require that person or that person's employer to file and pay income taxes, to be subjected to tax withholdings, or to file and pay any other state or local income or withholding tax or fee for work repairing, renovating, installing, or building infrastructure or rendering services or other business activities during the disaster period.
(3) After the conclusion of a disaster period, an out-of-state business or out-of-state employee that remains in the state is fully subject to the state or local employment, licensing, or registration requirements listed in this section or that were otherwise suspended under the Facilitating Business Rapid Response to State Declared Disasters Act during the disaster period.
Source
Laws 2016, LB913, § 3.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-3204 - Out-of-state business; notification to Department of Revenue; information; contents; registered business; duties.

48-3204.
Out-of-state business; notification to Department of Revenue; information; contents; registered business; duties.
(1) An out-of-state business shall provide notification to the Department of Revenue within ten days after entry to the state during a disaster period that the out-of-state business is in the state for purposes of responding to the declared state disaster or emergency. The out-of-state business shall provide to the department information related to the out-of-state business including, but not limited to, the following:
(a) Name;
(b) State of domicile;
(c) Principal business address;
(d) Federal employer identification number;
(e) The date when the out-of-state business entered the state; and
(f) Contact information while the out-of-state business is in this state.
(2) A registered business shall provide the notification required in subsection (1) of this section for an affiliate of the registered business that enters the state as an out-of-state business. The notification under this subsection shall also include contact information for the registered business in the state.
Source
Laws 2016, LB913, § 4.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-3205 - Work pursuant to request for bid or request for proposals; how treated.

48-3205.
Work pursuant to request for bid or request for proposals; how treated.
The Facilitating Business Rapid Response to State Declared Disasters Act shall not grant exemptions authorized by the act to any out-of-state business performing work pursuant to a request for bid or request for proposals by a state agency or political subdivision.
Source
Laws 2016, LB913, § 5.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-3303 - Career pathway, defined.

48-3303.
Career pathway, defined.
For purposes of the Nebraska Workforce Innovation and Opportunity Act, career pathway means an identified series of positions, work experiences, or educational benchmarks or credentials with multiple access points that offers occupational and financial advancement within a specified career field or related fields over time. Career pathways offer combined programs of rigorous and high-quality education, training, and other services that do all of the following:
(1) Align with the skill needs of industries in the state and regional economies;
(2) Prepare an individual to be successful in any of a full range of secondary or postsecondary education options, including apprenticeships registered under the National Apprenticeship Act, 29 U.S.C. 50 et seq., except apprenticeships under 29 U.S.C. 3226;
(3) Include counseling to support an individual in achieving the individual's education and career goals;
(4) Include, as appropriate, education offered concurrently with and in the same context as workforce preparation activities and training for a specific occupation;
(5) Organize education, training, and other services to meet the particular needs of an individual in a manner that accelerates the educational and career advancement of the individual to the extent practicable;
(6) Enable an individual to attain a secondary school diploma or its recognized equivalent and at least one recognized postsecondary credential; and
(7) Help an individual enter or advance within a specific occupation.
Source
Laws 2016, LB1110, § 3.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-3304 - Commissioner of Labor; performance report; duties.

48-3304.
Commissioner of Labor; performance report; duties.
On or before November 30 of each year, the Commissioner of Labor shall submit a copy of the performance report required by section 116(d) of the federal Workforce Innovation and Opportunity Act, 29 U.S.C. 3141(d), to the Governor, the Legislature, and the Nebraska Workforce Development Board. The report shall cover the prior program year and shall include the total amount of federal funding provided to the state and to each of the local workforce development areas for the adult, youth, and dislocated worker programs and the amount expended within each program for training services. The report to the Legislature shall be submitted electronically.
Source
Laws 2016, LB1110, § 4.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-3305 - Department of Labor; powers; rules and regulations.

48-3305.
Department of Labor; powers; rules and regulations.
(1) The Department of Labor shall have the authority to administer the requirements of Title I of the federal Workforce Innovation and Opportunity Act, including, but not limited to, establishing accounting, monitoring, auditing, and reporting procedures and criteria in order to ensure state compliance with the objectives and requirements of Title I of the federal Workforce Innovation and Opportunity Act.
(2) The department may adopt and promulgate any rules and regulations necessary to implement the Nebraska Workforce Innovation and Opportunity Act.
Source
Laws 2016, LB1110, § 5.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-3402 - Legislative findings, declarations, and intent.

48-3402.
Legislative findings, declarations, and intent.
(1) The Legislature finds and declares that sector partnerships are a proven strategy for engaging employers in key industries, helping workers train for and access good jobs, and coordinating education, training, and workforce development activities in response to industry needs.
(2) It is the intent of the Legislature and the purpose of the Sector Partnership Program Act to support local sector partnerships that will close skill gaps in high-demand sectors of business and industry. By conducting labor availability and skills gap studies, the Sector Partnership Program will connect education and training providers with employers and will ensure that the state’s workforce and economic development activities align with the needs of employers in the state’s key industries.
Source
Laws 2016, LB1110, § 7.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-3403 - Terms, defined.

48-3403.
Terms, defined.
For purposes of the Sector Partnership Program Act:
(1) Department means the Department of Labor;
(2) Local area means a workforce development area authorized by the federal Workforce Innovation and Opportunity Act and established in Nebraska;
(3) Local sector partnership or partnership means a workforce collaborative that organizes key stakeholders in a particular sector of business or industry in a local area into a working group that focuses on the shared goals and human resources needs of such sector;
(4) Local workforce development board means a local workforce development board authorized by the federal Workforce Innovation and Opportunity Act and established in Nebraska; and
(5) Nebraska Workforce Development Board means the state workforce development board authorized by the federal Workforce Innovation and Opportunity Act and established in Nebraska.
Source
Laws 2016, LB1110, § 8.