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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 747
Introduced by Sorrentino, 39.
Read first time January 07, 2026
Committee: Business and Labor
A BILL FOR AN ACT relating to labor; to amend sections 48-309, 48-1231,1
48-1233, 48-1234, and 48-2905, Reissue Revised Statutes of Nebraska,2
and sections 29-431, 48-302, 48-303, and 48-2107, Revised Statutes3
Cumulative Supplement, 2024; to change provisions relating to child4
labor; to change penalty provisions and provide powers to the5
Commissioner of Labor under the Nebraska Wage Payment and Collection6
Act; to change provisions relating to fees under the Contractor7
Registration Act; to provide powers to the Commissioner of Labor and8
eliminate the hotline and website for reporting suspected violations9
under the Employee Classification Act; to harmonize provisions; to10
repeal the original sections; and to outright repeal sections11
48-307, 48-2906, and 48-2909, Reissue Revised Statutes of Nebraska.12
Be it enacted by the people of the State of Nebraska,13
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Section 1. Section 29-431, Revised Statutes Cumulative Supplement,1
2024, is amended to read: 2
29-431 As used in sections 28-416, 29-422, 29-424, 29-425, 29-431 to3
29-434, 48-1231, and 53-173, unless the context otherwise requires,4
infraction means the violation of any law, ordinance, order, rule, or5
regulation, not including those related to traffic, which is not6
otherwise declared to be a misdemeanor or a felony. Infraction includes7
violations of section 60-6,267 and beginning January 1, 2024, section8
60-6,279. 9
Sec. 2. Section 48-302, Revised Statutes Cumulative Supplement,10
2024, is amended to read: 11
48-302 (1) No child under sixteen years of age shall be employed or12
permitted or suffered to work in any employment as defined in section13
48-301 within this state unless the person or corporation employing the14
child procures and keeps on file, accessible to the attendance officers15
and to the Department of Labor and its assistants and employees, an16
employment certificate as prescribed in section 48-304 and keeps one17
complete list of all such children employed in the building on file in18
the building in which such children are employed. 19
(2) Upon the termination of the employment of a child or when a20
child reaches the age of sixteen so registered whose certificate is so21
filed, such certificate shall be retained by the employer for at least22
twelve months transmitted by the employer to the person authorizing the23
certificate pursuant to section 48-303 and shall be accessible to the24
attendance officers and to the Department of Labor and its assistants and25
employees upon request turned over to such child upon demand.26
(3) Any attendance officer or the Department of Labor or its27
assistants and employees may demand that any employer in whose place of28
business a child apparently under the age of sixteen years is employed or29
permitted or suffered to work, and whose employment certificate is not30
then filed as required by this section, either furnish within ten days31
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satisfactory evidence that such child is in fact over sixteen years of1
age or cease to employ or permit or suffer such child to work in such2
place of business. The same evidence of the age of such child may be3
required from such employer as is required on the issuance of an4
employment certificate as provided in section 48-304, and the employer5
furnishing such evidence shall not be required to furnish any further6
evidence of the age of the child. 7
(4) In case such employer fails to produce and deliver to the8
attendance officer or the Commissioner of Labor within ten days after9
demand such evidence of the age of any child as may be required under the10
provisions of section 48-304 and continues to employ such child or permit11
or suffer such child to work in such place of business, proof of the12
giving of such notice and of such failure to produce and file such13
evidence shall be prima facie evidence in any prosecution brought for a14
violation of this section that such child is under sixteen years of age15
and is unlawfully employed. 16
Sec. 3. Section 48-303, Revised Statutes Cumulative Supplement,17
2024, is amended to read: 18
48-303 Except as otherwise provided in this section, an employment19
certificate shall be approved only by the principal of the school the20
child attends or by a person authorized by him or her in writing or, when21
there is no principal, by a person authorized by the chief administrative22
officer of the school or the superintendent of the school district in23
which the child resides, except that no person authorized by this section24
may approve such certificate for any child then in or about to enter his25
or her own employment or the employment of a firm or corporation of which26
he or she is a member, officer, or employee or in whose business he or27
she is interested. If a child who resides outside of Nebraska in an28
adjoining state seeks to work in Nebraska, the Department of Labor may29
approve the employment certificate. The officer or person approving such30
certificate may administer the oath provided for therein or in any31
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investigation or examination necessary for the approval thereof. No fee1
shall be charged for approving any such certificate or for administering2
any oath or rendering any services related thereto. The school approving3
the employment certificate, or the department if the department has4
approved the employment certificate, shall establish and maintain proper5
records where copies of all such certificates and all documents connected6
therewith shall be filed and preserved and shall provide the necessary7
clerical services for carrying out sections 48-302 to 48-313. The person8
who issued the employment certificate shall report to the department any9
complaint concerning the conditions of employment of a child for whom a10
certificate is in force. Upon receipt of the report, the department shall11
make such investigation as it deems advisable to protect an individual12
child or to promote the youth-work program. 13
Sec. 4. Section 48-309, Reissue Revised Statutes of Nebraska, is14
amended to read: 15
48-309 The age and schooling certificate provided for herein shall16
be made out upon blank forms prescribed and furnished in triplicate by17
the Department of Labor. 18
Sec. 5. Section 48-1231, Reissue Revised Statutes of Nebraska, is19
amended to read: 20
48-1231 (1) An employee having a claim for wages which are not paid21
within thirty days of the regular payday designated or agreed upon may22
institute suit for such unpaid wages in the proper court. If an employee23
establishes a claim and secures judgment on the claim, such employee24
shall be entitled to recover the full amount of the judgment and all25
costs of such suit, including reasonable attorney's fees. If the cause is26
taken to an appellate court and the employee recovers a judgment, the27
appellate court shall award reasonable attorney's fees to the employee.28
If the employee fails to recover a judgment in excess of the amount that29
may have been tendered within thirty days of the regular payday by an30
employer, such employee shall not recover the attorney's fees provided by31
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this subsection. If the court finds that no reasonable dispute existed as1
to the fact that wages were owed or as to the amount of such wages, the2
court may order the employee to pay the employer's attorney's fees and3
costs of the action as assessed by the court. 4
(2) If an employee works for an employer that is not subject to the5
Nebraska Fair Employment Practice Act and such employee is aggrieved by a6
violation of section 48-1235, the employee may bring a suit against such7
employer in the proper court to recover the damages sustained by reason8
of such violation. If an employee prevails in a suit brought pursuant to9
this subsection, such employee shall be entitled to recover the full10
amount of the judgment and all costs of such suit, including reasonable11
attorney's fees. If the cause is taken to an appellate court and the12
employee recovers a judgment, the appellate court shall award reasonable13
attorney's fees to the employee. 14
(3) An employer who fails to furnish a wage statement under15
subsection (2) of section 48-1230 shall be guilty of an infraction as16
defined in section 29-431 and shall be subject to a fine pursuant to17
section 29-436. 18
(3) (4) If an employee institutes suit against an employer under19
subsection (1) or (2) of this section, any citation that is issued20
against such employer under section 48-1234 and that relates directly to21
the facts in dispute shall be admitted into evidence unless specifically22
excluded by the court. If a citation has been contested as described in23
subsection (3) of section 48-1234, it shall not be admitted into evidence24
under this subsection until after such contest has been resolved.25
Sec. 6. Section 48-1233, Reissue Revised Statutes of Nebraska, is26
amended to read: 27
48-1233 (1) The Commissioner of Labor shall have the authority to28
subpoena records and witnesses related to the enforcement of the Nebraska29
Wage Payment and Collection Act. The commissioner or his or her agent may30
inspect all related records and gather testimony on any matter relative31
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to the enforcement of the act when the information sought is relevant to1
a lawful investigative purpose and is reasonable in scope.2
(2) In case of contumacy by or refusal to obey a subpoena issued to3
any person, any court of competent jurisdiction, upon application by the4
commissioner, may issue to that person an order requiring such person to5
appear before the commissioner or the officer designated by the6
commissioner to produce documentary evidence if so ordered or to give7
evidence touching on the matter under investigation or in question. Any8
failure to obey the order of the court may be punished by the court as a9
contempt of the court. 10
Sec. 7. Section 48-1234, Reissue Revised Statutes of Nebraska, is11
amended to read: 12
48-1234 (1) The Commissioner of Labor shall issue a citation to an13
employer when an investigation reveals that the employer may have14
violated the Nebraska Wage Payment and Collection Act , other than a15
violation of subsection (2) of section 48-1230. 16
(2) When a citation is issued, the commissioner shall notify the17
employer of the proposed administrative penalty, if any, by certified18
mail or any other manner of delivery by which the United States Postal19
Service can verify delivery or by any method of service recognized under20
Chapter 25, article 5. The administrative penalty shall be not more than21
five hundred dollars in the case of a first violation and not more than22
five thousand dollars in the case of a second or subsequent violation.23
(3) The employer has fifteen working days after the date of the24
citation or penalty to contest such citation or penalty. Notice of25
contest shall be sent to the commissioner who shall provide a hearing in26
accordance with the Administrative Procedure Act. 27
(4) Any employer who has an unpaid citation for a violation of the28
Nebraska Wage Payment and Collection Act shall be barred from contracting29
with the state or any political subdivision until such citation is paid.30
If a citation has been contested as described in subsection (3) of this31
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section, it shall not be considered an unpaid citation under this1
subsection until after such contest has been resolved.2
(5) Citations issued under this section and the names of employers3
who have been issued a citation shall be made available to the public4
upon request, except that this subsection shall not apply to any5
citations that are being contested as described in subsection (3) of this6
section. 7
Sec. 8. Section 48-2107, Revised Statutes Cumulative Supplement,8
2024, is amended to read: 9
48-2107 (1) Each application or renewal under section 48-2105 shall10
be signed by the applicant and accompanied by a fee not to exceed forty11
dollars. The commissioner may adopt and promulgate rules and regulations12
to establish the criteria for acceptability of filing documents and13
making payments electronically. The criteria may include requirements for14
electronic signatures. The commissioner may refuse to accept any15
electronic filings or payments that do not meet the criteria established.16
The fee shall not be required when an amendment to an application is17
submitted. The commissioner shall remit the fees collected under this18
subsection to the State Treasurer for credit to the Contractor and19
Professional Employer Organization Registration Cash Fund.20
(2) A contractor shall not be required to pay the fee under21
subsection (1) of this section if (a) the contractor is self-employed and22
does not pay more than three thousand dollars annually to employ other23
persons in the business and the application contains a statement made24
under oath or equivalent affirmation setting forth such information or25
(b) the contractor only engages in the construction of water wells or26
installation of septic systems. At any time that a contractor no longer27
qualifies for exemption from the fee, the fee shall be paid to the28
department. Any false statement made under subdivision (2)(a) of this29
section shall be a violation of section 28-915.01.30
Sec. 9. Section 48-2905, Reissue Revised Statutes of Nebraska, is31
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amended to read: 1
48-2905 (1) The commissioner may make such investigations as he or2
she finds necessary or appropriate to determine whether there is3
compliance with the Employee Classification Act. Investigations shall4
take place at the times and places as the commissioner directs. For5
purposes of any investigation under this section, the commissioner or any6
person designated by him or her may interview persons at the worksite,7
take photographs, and utilize other reasonable investigatory techniques.8
The conduct of the investigation shall be such as to preclude9
unreasonable disruption of the operations of the worksite. Investigations10
may be conducted, without prior notice, by correspondence, telephone11
conversations, or review of materials submitted to the department.12
(2) The commissioner or any officer designated by him or her shall13
have the power to administer oaths and affirmations, issue subpoenas,14
compel the attendance of witnesses, take evidence, and require the15
production of any books, papers, correspondence, memoranda, agreements,16
or other documents or records which the commissioner deems relevant or17
material to the inquiry. 18
(3) In case of contumacy by or refusal to obey a subpoena issued to19
any person, any court of competent jurisdiction, upon application by the20
commissioner, may issue to that person an order requiring such person to21
appear before the commissioner or the officer designated by the22
commissioner to produce documentary evidence if so ordered or to give23
evidence touching on the matter under investigation or in question. Any24
failure to obey the order of the court may be punished by the court as a25
contempt of the court. 26
(4) The department shall establish and operate a hotline and website27
for individuals to report suspected violations of the Employee28
Classification Act. The hotline and website may be operated in29
conjunction with the requirements of the Contractor Registration Act. At30
a minimum, the department shall require the reporting individual to31
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provide contact information and a description of the suspected violation1
including the name of the business and job site location. Except to the2
extent needed in any administrative hearing, civil action, or criminal3
proceeding brought to enforce the Employment Security Law, Nebraska4
Revenue Act of 1967, or Nebraska Workers' Compensation Act, information5
obtained by the department under this section or obtained from any6
individual pursuant to the administration of the Employee Classification7
Act shall be held confidential. 8
Sec. 10. Original sections 48-309, 48-1231, 48-1233, 48-1234, and9
48-2905, Reissue Revised Statutes of Nebraska, and sections 29-431,10
48-302, 48-303, and 48-2107, Revised Statutes Cumulative Supplement,11
2024, are repealed. 12
Sec. 11. The following sections are outright repealed: Sections13
48-307, 48-2906, and 48-2909, Reissue Revised Statutes of Nebraska.14
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