reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1711 - Farm labor contractor; duties.

48-1711.
Farm labor contractor; duties.
A farm labor contractor shall:
(1) Carry his or her farm labor contractor license at all times and exhibit such license upon request to any person with whom the contractor intends to deal in his or her capacity as a farm labor contractor;
(2) File immediately at the United States post office serving the farm labor contractor's address as noted on the license a correct change of address and notify the department each time an address change is made;
(3) Pay or distribute promptly when due to the individuals entitled all money or other things of value entrusted to the farm labor contractor by any person for that purpose;
(4) Comply with the terms and provisions of all legal and valid agreements or contracts entered into by the farm labor contractor;
(5) Comply with all state laws, rules, and regulations relevant to the activity as a farm labor contractor;
(6) Furnish to each worker at the time of hiring, recruiting, soliciting, or supplying such worker, whichever occurs first, a written statement in both English and Spanish which contains a description of:
(a) The method of computing the rate of compensation and the rate of compensation;
(b) The terms and conditions of any bonus offered and the manner of determining when the bonus is earned;
(c) The terms and conditions of any loan made to the worker;
(d) The conditions of any housing and health and day care to be provided;
(e) The terms and conditions of employment, including the approximate length of season or period of employment and the approximate starting and ending dates;
(f) The terms and conditions under which the worker is furnished clothing or equipment;
(g) The name and address of the owner of all operations where the worker will be working; and
(h) The worker's rights and remedies in plain and simple language in a form specified by the department;
(7) Furnish to the worker each time the worker receives a compensation payment from the farm labor contractor a written statement itemizing the total payment, the amount and purpose of each deduction therefrom, the hours worked, and, if the work is done on a piece basis, the number of pieces completed; and
(8) Provide a bilingual employee who shall be available at the worksite for each shift a non-English-speaking worker is employed if the farm labor contractor has a workforce of ten or more non-English-speaking workers who speak the same non-English language. The bilingual employee shall be conversant in the non-English language spoken by such workers.
Source
Laws 1987, LB 344, § 11;
Laws 2002, LB 931, § 5.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1712 - Farm labor contractor; applicant for license; prohibited acts.

48-1712.
Farm labor contractor; applicant for license; prohibited acts.
A farm labor contractor or an applicant for a farm labor contractor license shall not:
(1) Make any misrepresentation, false statement, or willful concealment in the application for a license or in his or her dealing with workers;
(2) Solicit or induce or cause to be solicited or induced the violation of an existing contract of employment;
(3) Assist a person to act in violation of the Farm Labor Contractors Act; and
(4) By any force, intimidation, or threat, including threat of deportation, induce any worker employed or in a subcontracting relationship to the farm labor contractor to give up any part of the compensation to which the worker is entitled under the contract of employment or under federal or state wage laws.
Source
Laws 1987, LB 344, § 12.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1713 - License; revocation, suspension, refuse renewal; when.

48-1713.
License; revocation, suspension, refuse renewal; when.
The department may revoke, suspend, or refuse to renew a farm labor contractor license upon the department's own motion or upon complaint by any individual if:
(1) The licensee or his or her agent has violated or failed to comply with any provision of the Farm Labor Contractors Act;
(2) The conditions under which the license was issued have changed or no longer exist; or
(3) The licensee's character, reliability, or competence makes him or her an unfit farm labor contractor.
Source
Laws 1987, LB 344, § 13.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1714 - Violations; prohibited acts; penalty.

48-1714.
Violations; prohibited acts; penalty.
(1) Any person violating section 48-1711 or 48-1712 shall be guilty of a Class II misdemeanor.
(2) Any person who (a) intentionally defaces, alters, or changes a farm labor contractor license, (b) uses the license of another, (c) knowingly permits the use of another person's license, or (d) acts as a farm labor contractor without a license shall be guilty of a Class II misdemeanor.
Source
Laws 1987, LB 344, § 14.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1901 - Legislative intent.

48-1901.
Legislative intent.
It is the intent of the Legislature through sections 48-1901 to 48-1910 to help in the treatment and elimination of drug and alcohol use and abuse in the workplace while protecting the employee's rights. Nothing in sections 48-1901 to 48-1910 shall be construed to require employers to conduct drug and alcohol testing of their employees nor shall sections 48-1901 to 48-1910 be determinative of the cases or circumstances under which such tests may be given.
Source
Laws 1988, LB 582, § 1.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1902 - Terms, defined.

48-1902.
Terms, defined.
For purposes of sections 48-1901 to 48-1910, unless the context otherwise requires:
(1) Alcohol means any product of distillation of any fermented liquid, whether rectified or diluted, whatever may be the origin thereof, synthetic ethyl alcohol, the four varieties of liquor, alcohol, spirits, wine, and beer, as defined in sections 53-103.01, 53-103.03, 53-103.38, and 53-103.42, every liquid or solid, patented or not, containing alcohol, spirits, wine, or beer, and alcohol used in the manufacture of denatured alcohol, flavoring extracts, syrups, or medicinal, mechanical, scientific, culinary, and toilet preparations;
(2) Breath-testing device means intoxilyzer model 4011AS or other scientific testing equivalent as approved by and operated in accordance with the department rules and regulations;
(3) Breath-testing-device operator means a person who has obtained or been issued a permit pursuant to the department rules and regulations;
(4) Department means the Department of Health and Human Services;
(5) Department rules and regulations means the techniques and methods authorized pursuant to section 60-6,201;
(6) Drug means any substance, chemical, or compound as described, defined, or delineated in sections 28-405 and 28-419 or any metabolite or conjugated form thereof, except that any substance, chemical, or compound containing any product as defined in subdivision (1) of this section may also be defined as alcohol;
(7) Employee means any person who receives any remuneration, commission, bonus, or other form of wages in return for such person's actions which directly or indirectly benefit an employer; and
(8) Employer means the State of Nebraska and its political subdivisions, all other governmental entities, or any individual, association, corporation, or other organization doing business in the State of Nebraska unless it, he, or she employs a total of less than six full-time and part-time employees at any one time.
Source
Laws 1988, LB 582, § 2;
Laws 1993, LB 370, § 44;
Laws 1994, LB 859, § 1;
Laws 1996, LB 1044, § 276;
Laws 2007, LB296, § 218;
Laws 2010, LB861, § 6.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1903 - Test results; use; requirements.

48-1903.
Test results; use; requirements.
Any results of any test performed on the body fluid or breath specimen of an employee, as directed by the employer, to determine the presence of drugs or alcohol shall not be used to deny any continued employment or in any disciplinary or administrative action unless the following requirements are met:
(1) A positive finding of drugs by preliminary screening procedures has been subsequently confirmed by gas chromatography-mass spectrometry or other scientific testing technique which has been or may be approved by the department; and
(2) A positive finding of alcohol by preliminary screening procedures is subsequently confirmed by either:
(a) Gas chromatography with a flame ionization detector or other scientific testing technique which has been or may be approved by the department; or
(b) A breath-testing device operated by a breath-testing-device operator. Nothing in this subdivision shall be construed to preclude an employee from immediately requesting further confirmation of any breath-testing results by a blood sample if the employee voluntarily submits to give a blood sample taken by qualified medical personnel in accordance with the rules and regulations adopted and promulgated by the department. If the confirmatory blood test results do not confirm a violation of the employer's work rules, any disciplinary or administrative action shall be rescinded.
Except for a confirmatory breath test as provided in subdivision (2)(b) of this section, all confirmatory tests shall be performed by a clinic, hospital, or laboratory which is certified pursuant to the federal Clinical Laboratories Improvement Act of 1967, 42 U.S.C. 263a.
Source
Laws 1988, LB 582, § 3;
Laws 2000, LB 1115, § 5.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1904 - Specimens; preservation.

48-1904.
Specimens; preservation.
Except for breath test specimens as provided in subdivision (2)(b) of section 48-1903, all specimens which result in a finding of drugs or alcohol shall be refrigerated and preserved in a sufficient quantity for retesting for a period of at least one hundred eighty days.
Source
Laws 1988, LB 582, § 4.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1905 - Specimens; chain of custody.

48-1905.
Specimens; chain of custody.
Except for breath test specimens as provided in subdivision (2)(b) of section 48-1903, a written record of the chain of custody of the specimen shall be maintained from the time of the collection of the specimen until the specimen is no longer required.
Source
Laws 1988, LB 582, § 5.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1906 - Test results; release or disclosure; when.

48-1906.
Test results; release or disclosure; when.
The employer or its, his, or her agents shall not release or disclose the test results to the public, except that such results shall be released as required by law or to the employee upon request. Test results may be released to those officers, agents, or employees of the employer who need to know the information for reasons connected with their employment.
Source
Laws 1988, LB 582, § 6.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1907 - Sections, how construed.

48-1907.
Sections, how construed.
Nothing in sections 48-1901 to 48-1906 shall be construed to establish any rule, right, or duty not expressly provided for in such sections.
Source
Laws 1988, LB 582, § 7.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1908 - Body fluids; prohibited acts; penalty.

48-1908.
Body fluids; prohibited acts; penalty.
(1) It shall be unlawful to provide, acquire, or use body fluids for the purpose of altering the results of any test to determine the presence of drugs or alcohol.
(2) Any employee who violates subsection (1) of this section may be subjected to the same discipline as if the employee had refused the directive of the employer to provide a body fluid or breath sample.
(3) Any person, including an employee, who violates subsection (1) of this section shall be guilty of a Class I misdemeanor.
Source
Laws 1988, LB 582, § 8.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1909 - Body fluids; tampering; penalty.

48-1909.
Body fluids; tampering; penalty.
(1) No person shall tamper with or aid or assist another in tampering with body fluids at any time during or after the collection or analysis of such fluids for the purpose of altering the results of any test to determine the presence of drugs or alcohol.
(2) Any employee who violates subsection (1) of this section may be subjected to the same discipline as if the employee had refused the directive of the employer to provide a body fluid or breath sample.
(3) Any person, including an employee, who violates subsection (1) of this section shall be guilty of a Class I misdemeanor.
Source
Laws 1988, LB 582, § 9.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1910 - Refusal to submit to test; effect.

48-1910.
Refusal to submit to test; effect.
Any employee who refuses the lawful directive of an employer to provide a body fluid or breath sample as provided in section 48-1903 may be subject to disciplinary or administrative action by the employer, including denial of continued employment.
Source
Laws 1988, LB 582, § 10.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-2001 - Employee trusts or plans; duration; restraints inapplicable.

48-2001.
Employee trusts or plans; duration; restraints inapplicable.
Any trust or plan heretofore or hereafter created for the purposes and of the type enumerated in section 48-2002, whether in real or personal property or in both real and personal property, may continue in perpetuity or for such time as may be necessary to accomplish the purposes of the trust or plan. Such trust or plan shall not be invalid as violating any statute or rule of law against perpetuities, against accumulations of earnings, concerning the suspension of the power of alienation of the title to property, or otherwise limiting the duration of trusts or agreements.
Source
Laws 1957, c. 77, § 1, p. 313;
R.S.1943, (1989), § 24-619;
Laws 1990, LB 823, § 1.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-2002 - Employee trusts or plans; kinds; trustee; requirements.

48-2002.
Employee trusts or plans; kinds; trustee; requirements.
(1) Trusts or plans which are entitled to the exemption from limitation as to their duration provided for in section 48-2001 shall be:
(a) Created by an employer or employers primarily for the benefit of some or all of the employees of such employer or employers, or the families or appointees of such employees, under any pension, profit-sharing, stock bonus, retirement, disability, death benefit, or other similar type of employee benefit plan;
(b) Contributed to by the employer or employees or both; and
(c) Existing for the purpose of distributing the earnings or principal, or earnings and principal, of the trust to or for the benefit of some or all of such employees, either before or after their employment ceases, or their families or appointees.
(2) In addition, in the case of such trusts hereafter created by public corporations, municipal corporations, or political subdivisions of this state, the trustee shall be qualified to act as a trustee and licensed to do business in Nebraska, the management of the affairs of the trust shall be carried on in this state, and the trust agreement shall contain provisions for termination of the trust and for substitution of trustees, by unilateral action of the public corporation, municipal corporation, or political subdivision which created the trust. If a qualified trust corporation licensed to do business in Nebraska with capital of not less than five hundred thousand dollars applies to the employer for appointment as successor trustee on a basis of cost for administering the trust, not in excess of the basis of cost then existing, no public corporation, municipal corporation, or political subdivision of this state shall incur any additional obligation, under existing agreements as to such trusts, which does not comply with this subsection. Any trust created which violates this subsection shall be void.
Source
Laws 1957, c. 77, § 2, p. 313;
Laws 1976, LB 655, § 1;
R.S.1943, (1989), § 24-620;
Laws 1990, LB 823, § 2.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-2101 - Act, how cited.

48-2101.
Act, how cited.
Sections 48-2101 to 48-2117 shall be known and may be cited as the Contractor Registration Act.
Source
Laws 1994, LB 248, § 1;
Laws 2009, LB162, § 1.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-2102 - Legislative intent.

48-2102.
Legislative intent.
It is the intent of the Legislature that all contractors doing business in Nebraska be registered with the department. It is not the intent of the Legislature to endorse the quality or performance of services provided by any individual contractor.
Source
Laws 1994, LB 248, § 2;
Laws 2008, LB204, § 1.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-2103 - Terms, defined.

48-2103.
Terms, defined.
For purposes of the Contractor Registration Act:
(1) Commissioner means the Commissioner of Labor;
(2) Construction means work on real property and annexations, including new work, additions, alterations, reconstruction, installations, and repairs performed at one or more different sites which may be dispersed geographically;
(3) Contractor means an individual, firm, partnership, limited liability company, corporation, or other association of persons engaged in the business of the construction, alteration, repairing, dismantling, or demolition of buildings, roads, bridges, viaducts, sewers, water and gas mains, streets, disposal plants, water filters, tanks and towers, airports, dams, levees and canals, water wells, pipelines, transmission and power lines, and every other type of structure, project, development, or improvement within the definition of real property and personal property, including such construction, repairing, or alteration of such property to be held either for sale or rental. Contractor also includes any subcontractor engaged in the business of such activities and any person who is providing or arranging for labor for such activities, either as an employee or as an independent contractor, for any contractor or person;
(4) Department means the Department of Labor; and
(5) Working days means Mondays through Fridays but does not include Saturdays, Sundays, or federal or state holidays. In computing fifteen working days, the day of receipt of any notice is not included and the last day of the fifteen working days is included.
Source
Laws 1994, LB 248, § 3;
Laws 2008, LB204, § 2;
Laws 2009, LB162, § 2;
Laws 2023, LB191, § 15.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-2104 - Registration required.

48-2104.
Registration required.
(1) Before performing any construction work in Nebraska, a contractor shall be registered with the department. If a contractor does business under more than one name, the contractor shall obtain a registration number for each name under which the contractor is doing business. Any person who performs work or has work performed on his or her own property or any person who earns less than five thousand dollars annually for construction services is not a contractor for purposes of the Contractor Registration Act.
(2) An exemption from the requirements under subsection (1) of this section does not exempt a contractor from withholding requirements under the Nebraska Revenue Act of 1967.
Source
Laws 1994, LB 248, § 4;
Laws 2008, LB204, § 3;
Laws 2009, LB162, § 3.
Cross References
Nebraska Revenue Act of 1967, see section 77-2701.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-2105 - Registration; application; contents; renewal.

48-2105.
Registration; application; contents; renewal.
Each contractor shall apply to the department for a registration number on an application form provided by the department. The application shall contain the following information:
(1) The name and federal employer identification number or, if the applicant is an individual, the social security number of the contractor;
(2) The principal place of business of the contractor in Nebraska. If the contractor's principal place of business is outside Nebraska, the application shall state the address of the contractor's principal place of business and the name and address of the contractor's registered agent in Nebraska;
(3) The telephone number of the contractor in the State of Nebraska. If the contractor's principal place of business is outside Nebraska, the application shall state the telephone number of the contractor's principal place of business and the telephone number of the contractor's registered agent in Nebraska;
(4) The type of business entity of the contractor such as corporation, partnership, limited liability company, sole proprietorship, or trust;
(5) The contractor option election to collect and remit sales and use tax on purchases of building materials and fixtures annexed to real property;
(6) The following information about the business entity:
(a) If the contractor is a corporation, the name, address, telephone number, and position of each officer of the corporation; and
(b) If the contractor is other than a corporation, the name, address, and telephone number of each owner;
(7) Proof of (a) a certificate or policy of insurance written by an insurance carrier duly authorized to do business in this state which gives the effective dates of workers' compensation insurance coverage indicating that it is in force, (b) a certificate evidencing approval of self-insurance privileges as provided by the Nebraska Workers' Compensation Court pursuant to section 48-145, or (c) a signed statement indicating that the contractor is not required to carry workers' compensation insurance pursuant to the Nebraska Workers' Compensation Act; and
(8) A description of the business which includes the employer's standard industrial classification code or the principal products and services provided.
Each application shall be renewed annually upon payment of the fee prescribed in section 48-2107.
Source
Laws 1994, LB 248, § 5;
Laws 1997, LB 752, § 129;
Laws 2009, LB162, § 4.
Cross References
Nebraska Workers' Compensation Act, see section 48-1,110.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-2106 - Application; report of change; amendments.

48-2106.
Application; report of change; amendments.
(1) A contractor shall report to the commissioner any change in the information originally reported on or with the application under section 48-2105 within fifteen days of the change, except that the contractor shall notify the commissioner of changes in workers' compensation insurance coverage at least ten days prior to any change in coverage.
(2) After the time specified in subsection (1) of this section, the commissioner, with good cause shown, may determine that amendments may be made to correct an application.
(3) Amendments to applications shall not be permitted when a change occurs in the business classification such as a change from a sole proprietorship to a corporation.
Source
Laws 1994, LB 248, § 6.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-2107 - Fees; exemption.

48-2107.
Fees; exemption.
(1) Each application or renewal under section 48-2105 shall be signed by the applicant and accompanied by a fee not to exceed forty dollars. The commissioner may adopt and promulgate rules and regulations to establish the criteria for acceptability of filing documents and making payments electronically. The criteria may include requirements for electronic signatures. The commissioner may refuse to accept any electronic filings or payments that do not meet the criteria established. The fee shall not be required when an amendment to an application is submitted. The commissioner shall remit the fees collected under this subsection to the State Treasurer for credit to the Contractor and Professional Employer Organization Registration Cash Fund.
(2) A contractor shall not be required to pay the fee under subsection (1) of this section if (a) the contractor is self-employed and does not pay more than three thousand dollars annually to employ other persons in the business and the application contains a statement made under oath or equivalent affirmation setting forth such information or (b) the contractor only engages in the construction of water wells or installation of septic systems. At any time that a contractor no longer qualifies for exemption from the fee, the fee shall be paid to the department. Any false statement made under subdivision (2)(a) of this section shall be a violation of section 28-915.01.
Source
Laws 1994, LB 248, § 7;
Laws 2008, LB204, § 4;
Laws 2009, LB162, § 5;
Laws 2016, LB270, § 3;
Laws 2020, LB1016, § 7;
Laws 2023, LB191, § 16.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-2108 - Registration number.

48-2108.
Registration number.
Within thirty days of receipt of a completed application, the commissioner shall issue to the contractor a registration number. The registration number shall be a five-digit number followed by a two-digit number indicating the year of issuance.
Source
Laws 1994, LB 248, § 8.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-2109 - Cancellation of workers' compensation insurance policy; notice required.

48-2109.
Cancellation of workers' compensation insurance policy; notice required.
Any insurance company carrying a contractor's workers' compensation insurance policy shall notify the department in case of cancellation by either the insurance company or the contractor of such policy. The notice shall contain (1) the name of the insurance carrier, (2) the name of the insured contractor, and (3) the date the cancellation is effective. Contractors who are approved by the Nebraska Workers' Compensation Court for self-insurance shall notify the department at least ten days prior to the termination of such self-insurance.
Source
Laws 1994, LB 248, § 9.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-2110 - Failure to maintain workers' compensation insurance; notice of revocation.

48-2110.
Failure to maintain workers' compensation insurance; notice of revocation.
The commissioner shall issue a notice of revocation of registration to a contractor when an investigation reveals that the contractor no longer meets the conditions of registration set out in section 48-2105 by failure to maintain compliance with the laws of this state relating to workers' compensation insurance coverage. If the commissioner receives a notice of cancellation of workers' compensation insurance coverage, the commissioner shall revoke the registration as of the time of cancellation unless the contractor provides a new certification of insurance prior to the cancellation date.
Source
Laws 1994, LB 248, § 14.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-2111 - Notice of revocation; service; hearing.

48-2111.
Notice of revocation; service; hearing.
The commissioner shall serve notice of revocation on the contractor by mailing such notice by certified mail or any other manner of delivery by which the United States Postal Service can verify delivery to the address of the contractor or the contractor's registered agent listed in the application. Upon a showing of compliance with the application requirements set out in section 48-2105, the commissioner may temporarily reinstate the registration pending a hearing on the revocation. A registration revoked under this section shall not be permanently reinstated. To receive a new registration number, the contractor shall reapply to the commissioner.
Source
Laws 1994, LB 248, § 15;
Laws 2001, LB 180, § 7.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-2112 - Investigatory powers.

48-2112.
Investigatory powers.
(1) The commissioner may make investigations he or she finds necessary or appropriate to determine if there is compliance with the Contractor Registration Act. Investigations shall take place at the times and places as the commissioner directs. For purposes of any investigation under this section, the commissioner may interview persons at the worksite, take photographs, and utilize other reasonable investigatory techniques. The conduct of the investigation shall be such as to preclude unreasonable disruption of the operations of the worksite. Investigations may be conducted, without prior notice, by correspondence, telephone conversations, or review of materials submitted to the department.
(2) For purposes of any investigation or proceeding under this section, the commissioner or any officer designated by him or her may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the commissioner deems relevant or material to the inquiry.
(3) In case of contumacy by or refusal to obey a subpoena issued to any person, any court of competent jurisdiction, upon application by the commissioner, may issue to such person an order requiring him or her to appear before the commissioner or the officer designated by the commissioner and produce documentary evidence if so ordered or give evidence touching the matter under investigation or in question. Any failure to obey the order of the court may be punished by the court as a contempt.
Source
Laws 1994, LB 248, § 10.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-2113 - Complaints.

48-2113.
Complaints.
Written complaints regarding the registration of a contractor made to the commissioner in which the complainant provides his or her name and address shall receive a written response as to the results of the investigation. A complainant's name and other identifying information shall not be released if the complaint was included as a part of another complaint when the complainant's identity would be protected under other statutes or rules and regulations.
Source
Laws 1994, LB 248, § 11.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-2114 - Violation; citation; penalty; legal representation.

48-2114.
Violation; citation; penalty; legal representation.
(1) The commissioner shall issue a citation to a contractor when an investigation reveals that the contractor has violated:
(a) The requirement that the contractor be registered; or
(b) The requirement that the contractor's registration information be substantially complete and accurate.
(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. 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 contractor shall have fifteen working days from 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 pursuant to the Administrative Procedure Act.
(4) If the contractor has never been registered under the Contractor Registration Act, the contractor shall have sixty working days from the date of the citation to register. No administrative penalty shall be assessed if the contractor registers within such sixty-day period. This subsection shall remain in effect until March 1, 2009.
(5) In any civil action to enforce the Contractor Registration Act, the commissioner and the state may be represented by any qualified attorney who is employed by the commissioner and is designated by him or her for this purpose or at the commissioner's request by the Attorney General.
Source
Laws 1994, LB 248, § 12;
Laws 2001, LB 180, § 8;
Laws 2008, LB204, § 5.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-2117 - Database of contractors; contents; removal.

48-2117.
Database of contractors; contents; removal.
(1) The Department of Labor, in conjunction with the Department of Revenue, shall create a database of contractors who are registered under the Contractor Registration Act and the Nebraska Revenue Act of 1967.
(2) The database shall be accessible on the website of the Department of Labor.
(3) The database shall include, but not be limited to, the following information with respect to each registered contractor:
(a) Whether the contractor carries workers' compensation insurance in accordance with the Nebraska Workers' Compensation Act;
(b) Whether the contractor is self-insured in accordance with the Nebraska Workers' Compensation Act; or
(c) Whether the contractor is a sole proprietor with no employees and does not carry workers' compensation insurance pursuant to the Nebraska Workers' Compensation Act.
(4) The information described in subdivision (3)(c) of this section, as it is listed in the database, creates a presumption of no coverage that may be rebutted by an insurer acknowledging coverage for a claimed covered event.
(5) The information required under subsection (3) of this section and the presumption provided in subsection (4) of this section are solely for the purpose of establishing premiums for workers' compensation insurance and shall not affect liability under the Nebraska Workers' Compensation Act or compliance efforts pursuant to section 48-145.01.
(6) Any contractor that fails to comply with the requirements of the Contractor Registration Act or Nebraska Revenue Act of 1967 shall be removed from the database.
Source
Laws 2009, LB162, § 6;
Laws 2019, LB139, § 1.
Cross References
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 › 48-2208 - Terms, defined.

48-2208.
Terms, defined.
For purposes of the Non-English-Speaking Workers Protection Act, unless the context otherwise requires:
(1) Actively recruit means any affirmative act, as defined by the department, done by or on behalf of an employer for the purpose of recruitment or hiring of non-English-speaking employees who reside more than five hundred miles from the place of employment;
(2) Commissioner means the Commissioner of Labor;
(3) Coordinator means the meatpacking industry worker rights coordinator appointed pursuant to section 48-2213;
(4) Department means the Department of Labor;
(5) Employ means to permit to work;
(6) Employee means any individual employed by any employer but does not include:
(a) Any individual employed in agriculture; or
(b) Any individual employed as a child care provider in or for a private home;
(7) Employer means any individual, partnership, limited liability company, association, corporation, business trust, legal representative, or organized group of persons employing one hundred or more employees at any one time, except for seasonal employment of not more than twenty weeks in any calendar year, or person acting directly or indirectly in the interest of an employer in relation to an employee but does not include the United States, the state, or any political subdivision thereof;
(8) Meatpacking operation means a business in which slaughtering, butchering, meat canning, meatpacking, meat manufacturing, poultry canning, poultry packing, poultry manufacturing, pet food manufacturing, processing of meatpacking products, or rendering is carried on;
(9) Meatpacking products includes livestock products and poultry products as such terms are defined in section 54-1902; and
(10) Non-English-speaking employee means an employee who does not speak, read, or understand English to the degree necessary for comprehension of the terms, conditions, and daily responsibilities of employment.
Source
Laws 1995, LB 20, § 1;
R.S.1943, (1998), § 48-2201;
Laws 2003, LB 418, § 2.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-2209 - Recruitment of non-English-speaking persons; employer; duties.

48-2209.
Recruitment of non-English-speaking persons; employer; duties.
If an employer or a representative of an employer actively recruits any non-English-speaking persons for employment in this state and if more than ten percent of the employees of an employer are non-English-speaking employees and speak the same non-English language, the employer shall provide a bilingual employee who is conversant in the identified non-English language and available at the worksite for each shift during which a non-English-speaking employee is employed to (1) explain and respond to questions regarding the terms, conditions, and daily responsibilities of employment and (2) serve as a referral agent to community services for the non-English-speaking employees.
Source
Laws 1995, LB 20, § 2;
R.S.1943, (1998), § 48-2202;
Laws 2003, LB 418, § 3.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-2210 - Written statement required; when; contents; employer provide transportation; when.

48-2210.
Written statement required; when; contents; employer provide transportation; when.
(1) An employer or a representative of an employer who actively recruits any non-English-speaking persons for employment in this state and whose work force is more than ten percent non-English-speaking employees who speak the same non-English language shall file with the commissioner a written statement signed by the employer and each such employee which provides relevant information regarding the position of employment, including:
(a) The minimum number of hours the employee can expect to work on a weekly basis;
(b) The hourly wages of the position of employment including the starting hourly wage;
(c) A description of the responsibilities and tasks of the position of employment;
(d) A description of the transportation and housing to be provided, if any, including any costs to be charged for housing or transportation, the length of time such housing is to be provided, and whether or not such housing is in compliance with all applicable state and local housing standards; and
(e) Any occupational physical demands and hazards of the position of employment which are known to the employer.
The statement shall be written in English and in the identified language of the non-English-speaking employee, and the employer or the representative shall explain in detail the contents of the statement prior to obtaining the employee's signature. A copy of the statement shall be given to the employee.
It is a violation of this subsection if an employer or representative knowingly and willfully provides false or misleading information on the statement or regarding the contents of the statement.
(2) An employer shall provide transportation for a recruited employee, at no cost to the employee, to the location from which the employee was recruited if the employee:
(a) Resigns from employment within four weeks after the initial date of employment; and
(b) Requests transportation within not more than three days after the employee's last day of employment with the employer which recruited the employee.
Source
Laws 1995, LB 20, § 3;
R.S.1943, (1998), § 48-2203;
Laws 2003, LB 418, § 4.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-2211 - Violations; penalty.

48-2211.
Violations; penalty.
Any employer who violates section 48-2209 or 48-2210 or the rules and regulations adopted and promulgated pursuant thereto is guilty of a Class IV misdemeanor.
Source
Laws 1995, LB 20, § 5;
R.S.1943, (1998), § 48-2205;
Laws 2003, LB 418, § 5.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-2212 - Civil action; injunctive relief; authorized.

48-2212.
Civil action; injunctive relief; authorized.
Any person aggrieved as a result of a violation of section 48-2209 or 48-2210 or the rules and regulations adopted and promulgated pursuant thereto may file suit in any district court of this state. If the court finds that the respondent has intentionally violated section 48-2209 or 48-2210 or the rules and regulations adopted and promulgated pursuant thereto, the court may award damages up to and including an amount equal to the original damages and provide injunctive relief.
Source
Laws 1995, LB 20, § 6;
R.S.1943, (1998), § 48-2206;
Laws 2003, LB 418, § 6.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-2213 - Meatpacking industry worker rights coordinator; established; powers and duties.

48-2213.
Meatpacking industry worker rights coordinator; established; powers and duties.
(1) The position of meatpacking industry worker rights coordinator is established within the department. The coordinator shall be appointed by the commissioner.
(2) The duties of the coordinator shall be to inspect and review the practices and procedures of meatpacking operations in the State of Nebraska as they relate to the provisions of the Governor's Nebraska Meatpacking Industry Workers Bill of Rights, which rights are outlined as follows:
(a) The right to organize;
(b) The right to a safe workplace;
(c) The right to adequate facilities and the opportunity to use them;
(d) The right to complete information;
(e) The right to understand the information provided;
(f) The right to existing state and federal benefits and rights;
(g) The right to be free from discrimination;
(h) The right to continuing training, including training of supervisors;
(i) The right to compensation for work performed; and
(j) The right to seek state help.
(3) The coordinator and his or her designated representatives shall have access to all meatpacking operations in the State of Nebraska at any time meatpacking products are being processed and industry workers are on the job.
(4) Necessary office space, furniture, equipment, and supplies as well as necessary assistance for the coordinator shall be provided by the commissioner.
(5) Preference shall be given to applicants for the coordinator position who are fluent in the Spanish language.
(6) The coordinator shall, on or before December 1 of each year, submit a report to the members of the Legislature and the Governor regarding any recommended actions the coordinator deems necessary or appropriate to provide for the fair treatment of workers in the meatpacking industry. The report submitted to the members of the Legislature shall be submitted electronically.
Source
Laws 2000, LB 1363, § 4;
R.S.Supp.,2002, § 81-404;
Laws 2003, LB 418, § 7;
Laws 2012, LB782, § 65;
Laws 2019, LB359, § 8.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-2214 - Rules and regulations; commissioner; powers.

48-2214.
Rules and regulations; commissioner; powers.
The commissioner shall adopt and promulgate rules and regulations necessary to carry out the Non-English-Speaking Workers Protection Act. The commissioner or a representative of the commissioner, including the coordinator, may:
(1) Inspect employment records of an employer relating to the total number of employees, the total number of non-English-speaking employees, and the services provided to non-English-speaking employees; and
(2) Interview an employer, any representative, any agent, or an employee of the employer during working hours or at other reasonable times.
Source
Laws 1995, LB 20, § 4;
R.S.1943, (1998), § 48-2204;
Laws 2003, LB 418, § 8.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-2302 - Terms, defined.

48-2302.
Terms, defined.
For purposes of the New Hire Reporting Act:
(1) Date of hire means the day an employee begins employment with an employer;
(2) Department means the Department of Health and Human Services;
(3) Employee means an independent contractor or a person who is compensated by or receives income from an employer or other payor, regardless of how such income is denominated;
(4) Employer means any individual, partnership, limited liability company, firm, corporation, association, political subdivision, or department or agency of the state or federal government, labor organization, or any other entity with an employee;
(5) Income means compensation paid, payable, due, or to be due for labor or personal services, whether denominated as wages, salary, earnings, income, commission, bonus, or otherwise;
(6) Payor includes a person, partnership, limited partnership, limited liability partnership, limited liability company, corporation, or other entity doing business or authorized to do business in the State of Nebraska, including a financial institution, or a department or an agency of state, county, or city government; and
(7) Rehire means the first day an employee begins employment with the employer following a termination of employment with such employer. Termination of employment does not include temporary separations from employment, such as an unpaid medical leave, an unpaid leave of absence, a temporary layoff of less than sixty days in length, or an absence for disability or maternity.
Source
Laws 1997, LB 752, § 41;
Laws 2009, LB288, § 16;
Laws 2012, LB1058, § 12.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-2303 - Employers; report to Department of Health and Human Services; when.

48-2303.
Employers; report to Department of Health and Human Services; when.
(1) Beginning October 1, 1997, employers who hire or rehire any employee, for any amount of income or compensation, shall report to the department within the time period specified in subsection (2) of this section the name, address, and social security number of that employee, the date of hire or rehire, and the name, address, and federal tax identification number of the employer. Employers shall transmit the required information to the department by forwarding a copy of the employee's federal W-4 with the date of hire or rehire inscribed upon it or any form approved in advance by the department. Employers may transmit the required information by first-class mail, fax, magnetic tape, disc, or electronic or any other means approved by the department.
(2) Employers shall report the hire or rehire of employees (a) within twenty days after the date of hire or rehire or (b) if reports are transmitted magnetically or electronically, by two monthly transmissions, if necessary, which are not less than twelve days or more than sixteen days apart.
Source
Laws 1997, LB 752, § 42;
Laws 2004, LB 950, § 1.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-2305 - Multistate employer; transmission of reports.

48-2305.
Multistate employer; transmission of reports.
An employer that has employees who are employed in two or more states and that transmits reports magnetically or electronically may comply with the New Hire Reporting Act by designating one of such states in which the employer has employees as the state to which the employer will transmit the report described in section 48-2303. Any Nebraska employer that transmits reports pursuant to this section shall notify the department in writing of the state which such employer designates for the purpose of transmitting reports.
Source
Laws 1997, LB 752, § 44;
Laws 2007, LB296, § 219.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-2306 - Employer; fine.

48-2306.
Employer; fine.
On and after October 1, 1998, the department may levy a fine not to exceed twenty-five dollars for each employee not reported by the employer to the department. The department shall determine whether or not to levy a fine based upon the good faith efforts of an employer to comply with the New Hire Reporting Act. The department shall remit fines collected under this section to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska.
Source
Laws 1997, LB 752, § 45;
Laws 2007, LB296, § 220.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-2307 - Department; report.

48-2307.
Department; report.
The department shall issue electronically a report to the Legislature on or before January 31 of each year which discloses the number of employees reported to the department and the number of matches during the preceding calendar year for purposes of the New Hire Reporting Act.
Source
Laws 1997, LB 752, § 46;
Laws 2007, LB296, § 221;
Laws 2012, LB782, § 66.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-2603 - Service of process; subpoenas.

48-2603.
Service of process; subpoenas.
(1) By acting as an athlete agent in this state, a nonresident individual appoints the Secretary of State as the individual's agent for service of process in any civil action in this state related to the individual's acting as an athlete agent in this state.
(2) The Secretary of State may issue subpoenas for any material that is relevant to the administration of the Nebraska Uniform Athlete Agents Act.
Source
Laws 2009, LB292, § 3.