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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1089
Introduced by Hughes, 24; Strommen, 47; Wordekemper, 15.
Read first time January 15, 2026
Committee: Business and Labor
A BILL FOR AN ACT relating to the Nebraska Healthy Families and1
Workplaces Act; to amend section 48-3808, Revised Statutes2
Supplement, 2025; to change enforcement provisions; and to repeal3
the original section. 4
Be it enacted by the people of the State of Nebraska,5
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Section 1. Section 48-3808, Revised Statutes Supplement, 2025, is1
amended to read: 2
48-3808 (1) The Commissioner of Labor shall issue a citation to an3
employer when an investigation reveals that the employer may have4
violated the Nebraska Healthy Families and Workplaces Act.5
(2) When a citation is issued, the commissioner shall notify the6
employer of the proposed administrative penalty, if any, by certified7
mail, by any other manner of delivery by which the United States Postal8
Service can verify delivery, or by any method of service recognized under9
Chapter 25, article 5. The administrative penalty shall not be more than10
five hundred dollars in the case of a first violation and not more than11
five thousand dollars in the case of a second or subsequent violation.12
(3) The employer has fifteen working days after the date of the13
citation or penalty to contest such citation or penalty. Notice of14
contest shall be sent to the commissioner who shall provide a hearing in15
accordance with the Administrative Procedure Act. 16
(4) Any employer who has an unpaid citation for a violation of the17
Nebraska Healthy Families and Workplaces Act shall be barred from18
contracting with the state or any political subdivision until such19
citation is paid. If a citation has been contested as described in20
subsection (3) of this section, it shall not be considered an unpaid21
citation under this subsection until after such contest has been22
resolved. 23
(5) Citations issued under this section and the names of employers24
who have been issued a citation shall be made available to the public25
upon request, except that this subsection shall not apply to any26
citations that are being contested as described in subsection (3) of this27
section. 28
(6) An employee having a claim for a violation of the Nebraska29
Healthy Families and Workplaces Act may institute suit for legal and30
equitable relief in the proper court. In any action brought to enforce31
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the Nebraska Healthy Families and Workplaces Act, the court shall have1
jurisdiction to grant such legal or equitable relief as the court deems2
appropriate to effectuate the purposes of the act. If an employee3
establishes a claim and secures judgment on the claim, such employee4
shall also be entitled to recover the full amount of the judgment and all5
costs of such suit, including reasonable attorney's fees.6
(7) If an employee institutes suit against an employer under7
subsection (6) of this section, any citation that is issued against an8
employer under subsection (1) of this section and that relates directly9
to the facts in dispute shall be admitted into evidence unless10
specifically excluded by the court. If a citation has been contested as11
described in subsection (3) of this section, it shall not be admitted12
into evidence under this subsection until such contest has been resolved.13
(8) A civil action brought under this section shall be commenced no14
later than one calendar year after the cause of action accrues.15
Sec. 2. Original section 48-3808, Revised Statutes Supplement,16
2025, is repealed. 17
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