Bill would detail citations and worker lawsuits under Nebraska workplace law

The Labor Commissioner must issue a citation if an investigation reveals that an employer may have violated the act. This applies to employers investigated for possible violations of the Nebraska Healthy Families and Workplaces Act. The commissioner may propose an administrative penalty, but the bill does not require one. An employer has 15 working days after the citation or penalty to contest it.

An employer with an unpaid citation is barred from contracting with the state or a local government. The bar applies to contracts with the state or any political subdivision. A citation being contested does not count as unpaid until the contest is resolved. Citations and the names of cited employers are available to the public upon request, except while a citation is being contested. The bar lasts until the citation is paid; for a contested citation, it can apply only after the contest is resolved.

An employee may sue for relief over an alleged violation of the act. The suit must concern an alleged violation of the Nebraska Healthy Families and Workplaces Act. A court may grant legal or equitable relief. An employee who proves a claim and wins a judgment is entitled to the judgment amount and lawsuit costs, including reasonable attorney fees. A related citation may be admitted as evidence unless the court excludes it; a contested citation cannot be admitted until the contest is resolved. A civil case must begin within one calendar year after the claim arises.