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--- version:Introduced+++ version:(document, no version)@@ -1,288 +1,31 @@-LEGISLATURE OF NEBRASKA-ONE HUNDRED NINTH LEGISLATURE-FIRST SESSION-LEGISLATIVE BILL 75+One Hundred Ninth Legislature - First Session - 2025+Introducer's Statement of Intent+LB75-Introduced by Hunt, 8.-Read first time January 09, 2025+Chairperson: Senator Kathleen KauthCommittee: Business and Labor-A BILL FOR AN ACT relating to the Wage and Hour Act; to amend sections1-48-1202, 48-1203.01, 48-1205, 48-1206, 48-1207, 48-1208, and2-48-1209, Reissue Revised Statutes of Nebraska, and section 48-1203,3-Revised Statutes Cumulative Supplement, 2024; to define terms; to4-clarify language regarding compensation for tipped employees; to5-provide duties for employers; to change powers and duties of the6-Department of Labor and the Commissioner of Labor; to prohibit acts7-and provide a penalty; to provide for liquidated damages; to provide8-for complaints; to harmonize provisions; and to repeal the original9-sections. 10-Be it enacted by the people of the State of Nebraska,11-LB75-2025-LB75-2025--1--Section 1. Section 48-1202, Reissue Revised Statutes of Nebraska, is1-amended to read: 2-48-1202 For purposes of the Wage and Hour Act, unless the context3-otherwise requires: 4-(1) Commissioner means the Commissioner of Labor;5-(2) Department means the Department of Labor; 6-(3) (1) Employ includes shall include to permit to work;7-(4) (2) Employer includes shall include any individual, partnership,8-limited liability company, association, corporation, business trust,9-legal representative, or organized group of persons employing four or10-more employees at any one time except for seasonal employment of not more11-than twenty weeks in any calendar year, acting directly or indirectly in12-the interest of an employer in relation to an employee, but shall not13-include the United States, the state, or any political subdivision14-thereof; 15-(5) (3) Employee includes shall include any individual employed by16-any employer but shall not include: 17-(a) Any individual employed in agriculture; 18-(b) Any individual employed as a baby-sitter in or about a private19-home; 20-(c) Any individual employed in a bona fide executive,21-administrative, or professional capacity or as a superintendent or22-supervisor; 23-(d) Any individual employed by the United States or by the state or24-any political subdivision thereof; 25-(e) Any individual engaged in the activities of an educational,26-charitable, religious, or nonprofit organization when the employer-27-employee relationship does not in fact exist or when the services28-rendered to such organization are on a voluntary basis;29-(f) Apprentices and learners otherwise provided by law;30-(g) Veterans in training under supervision of the United States31-LB75-2025-LB75-2025--2--Department of Veterans Affairs; 1-(h) A child in the employment of his or her parent or a parent in2-the employment of his or her child; or 3-(i) Any person who, directly or indirectly, is receiving any form of4-federal, state, county, or local aid or welfare and who is physically or5-mentally disabled and employed in a program of rehabilitation, who shall6-receive a wage at a level consistent with his or her health, efficiency,7-and general well-being; 8-(6) (4) Occupational classification means shall mean a9-classification established by the Dictionary of Occupational Titles10-prepared by the United States Department of Labor; and11-(7) (5) Wages means shall mean all remuneration for personal12-services, including commissions and bonuses and the cash value of all13-remunerations in any medium other than cash. 14-Sec. 2. Section 48-1203, Revised Statutes Cumulative Supplement,15-2024, is amended to read: 16-48-1203 (1) Except as otherwise provided in this section and section17-48-1203.01, every employer shall pay to each of his or her employees a18-minimum wage of: 19-(a) Nine dollars per hour through December 31, 2022;20-(b) Ten dollars and fifty cents per hour on and after January 1,21-2023, through December 31, 2023; 22-(c) Twelve dollars per hour on and after January 1, 2024, through23-December 31, 2024; 24-(d) Thirteen dollars and fifty cents per hour on and after January25-1, 2025, through December 31, 2025; and 26-(e) Fifteen dollars per hour on and after January 1, 2026, through27-December 31, 2026. 28-(2) The minimum wage established in subdivision (1)(e) of this29-section shall be increased on January 1, 2027, and on January 1 of30-successive years, by the increase in the cost of living. The increase in31-LB75-2025-LB75-2025--3--the cost of living shall be measured by the percentage increase, if any,1-as of August of the previous year over the level as of August of the year2-preceding that year in the consumer price index for all urban consumers3-(CPI-U) for the Midwest Region, or its successor index, as published by4-the U.S. Department of Labor, or its successor agency, with the amount of5-the minimum wage increase rounded up to the nearest multiple of five6-cents. No later than October 15 of each year, commencing October 15,7-2026, the Nebraska Department of Labor shall calculate and publish the8-minimum wage rate that will take effect the following January 1.9-(3) For persons compensated by way of gratuities such as waitresses,10-waiters, hotel bellhops, porters, and shoeshine persons, the employer11-shall pay wages at the minimum rate of two dollars and thirteen cents per12-hour, plus all gratuities given to them for services rendered. For each13-payment of wages made, the employer shall ensure that the The sum of14-wages and gratuities received by each person compensated by way of15-gratuities shall equal or exceed the applicable minimum wage rate16-provided in subsection (1) or (2) of this section. In determining whether17-or not the individual is compensated by way of gratuities, the burden of18-proof shall be upon the employer. 19-(4) Any employer employing student-learners as part of a bona fide20-vocational training program shall pay such student-learners' wages at a21-rate of at least seventy-five percent of the minimum wage rate which22-would otherwise be applicable. 23-Sec. 3. Section 48-1203.01, Reissue Revised Statutes of Nebraska, is24-amended to read: 25-48-1203.01 (1) An employer may pay a new employee who is younger26-than twenty years of age and is not a seasonal or migrant worker a27-training wage of at least seventy-five percent of the federal minimum28-wage for ninety days from the date the new employee was hired. An29-employer may pay such new employee the training wage rate for an30-additional ninety-day period while the new employee is participating in31-LB75-2025-LB75-2025--4--on-the-job training which (a) (1) requires technical, personal, or other1-skills which are necessary for his or her employment and (b) (2) is2-approved by the commissioner Commissioner of Labor. No more than one-3-fourth of the total hours paid by the employer shall be at the training4-wage rate. 5-(2) An employer shall not pay the training wage rate if the hours of6-any other employee are reduced or if any other employee is laid off and7-the hours or position to be filled by the new employee is substantially8-similar to the hours or position of such other employee. An employer9-shall not dismiss or reduce the hours of any employee with the intention10-of replacing such employee or his or her hours with a new employee11-receiving the training wage rate. 12-Sec. 4. (1)(a) Every employer of persons compensated by way of13-gratuities as described in subsection (3) of section 48-1203 shall make14-and keep for a period of not less than three years a record of each15-employee's: 16-(i) Name, address, and occupation; 17-(ii) Rate of pay; 18-(iii) Amount of pay received each pay period; and19-(iv) Hours worked each day and each workweek.20-(b) The record required by this section shall be kept on or about21-the premises wherein any employee is employed or at some other premises22-which is suitable to the employer. The records shall be open for23-inspection by the commissioner by appointment. If the records required24-under this section are kept outside of this state, the records shall be25-made available upon demand of the commissioner. 26-(2) Every employer of persons compensated by way of gratuities as27-described in subsection (3) of section 48-1203 shall, on demand by the28-commissioner, provide a sworn statement of any information required to be29-maintained under this section. The statement shall be made upon forms and30-in a manner prescribed by the commissioner. 31-LB75-2025-LB75-2025--5--(3) All records and information obtained by the department under1-this section are confidential, are not public records, and shall only be2-disclosed by court order. 3-Sec. 5. (1) An employee who has a reasonable belief that an4-employer is in violation of the Wage and Hour Act may submit a complaint5-to the department in a manner prescribed by the department.6-(2) The department shall forward complaints it determines to be7-credible to the appropriate county attorney or take its own enforcement8-actions, as the commissioner deems appropriate. 9-(3) The department shall develop forms and adopt and promulgate10-rules and regulations as necessary to carry out this section.11-Sec. 6. Section 48-1205, Reissue Revised Statutes of Nebraska, is12-amended to read: 13-48-1205 Every employer subject to the Wage and Hour Act provisions14-of sections 48-1201 to 48-1209 shall keep a summary of the act sections15-48-1201 to 48-1209, furnished by the commissioner Commissioner of Labor16-without charge, posted in a conspicuous place on or about the premises17-wherein any person subject to the act provisions of sections 48-1201 to18-48-1209 is employed. Such summary shall include an advisement that an19-employee who has a reasonable belief that an employer is in violation of20-the Wage and Hour Act may submit a complaint to the department and21-details on how to make such a complaint. 22-Sec. 7. Section 48-1206, Reissue Revised Statutes of Nebraska, is23-amended to read: 24-48-1206 (1) The commissioner Commissioner of Labor shall have the25-authority to subpoena records and witnesses related to the enforcement of26-the Wage and Hour Act section 48-1203 and this section . The commissioner27-or his or her agent may inspect all related records and gather testimony28-on any matter relative to the enforcement of the Wage and Hour Act.29-(2)(a) An employer shall not: 30-(i) Refuse to admit the commissioner to any place of employment;31-LB75-2025-LB75-2025--6--(ii) Fail to make, keep, and preserve any records as required by1-section 4 of this act; 2-(iii) Falsify any record required under section 4 of this act;3-(iv) Refuse to make any record available to the commissioner as4-required under section 4 of this act; 5-(v) Refuse to provide a sworn statement as required under section 46-of this act; 7-(vi) Refuse to provide other nonprivileged information to the8-commissioner necessary for the enforcement of the Wage and Hour Act;9-(vii) Fail to comply with section 48-1205; 10-(viii) Discharge or in any other manner discriminate or retaliate11-against an employee who has: 12-(A) Notified the commissioner that an employee has not been paid13-wages as required by the act; 14-(B) Caused to be instituted any proceeding under the act; or15-(C) Testified or is about to testify in any such proceeding;16-(ix) Pay or agree to pay wages at a rate less than that required by17-the Wage and Hour Act. Payment at such rate for any week or portion of a18-week constitutes a separate offense as to each employee; or19-(x) Otherwise violate any provision of section 48-1203.20-(b) A violation of this subsection is (2) Any employer who violates21-any of the provisions of section 48-1203 shall be guilty of a Class IV22-misdemeanor. 23-(c) Except as provided in subdivision (2)(a)(ix) of this section,24-each day of violation shall constitute a separate offense.25-(3) It shall be the duty of the county attorney for the county in26-which any violation of the Wage and Hour Act occurs to prosecute the same27-in the district court in the county where the offense occurred.28-(4) Any employer who violates any provision of section 48-1203 shall29-be liable to the employees affected in the amount of their unpaid minimum30-wages and liquidated damages equal to the amount of such unpaid wages ,31-LB75-2025-LB75-2025--7--as the case may be. 1-(5) Action to recover the amount unpaid minimum wages as provided in2-subsection (4) of this section may be maintained in any court of3-competent jurisdiction by any one or more employees for and in behalf of4-himself, herself, or themselves and other employees similarly situated,5-or such employee or employees may designate an agent or representative to6-maintain such action for and in behalf of all employees similarly7-situated. The court in which any action is brought under this subsection8-shall, in addition to any judgment awarded to the plaintiff or9-plaintiffs, allow costs of the action and reasonable attorney's fees to10-be paid by the defendant. In any proceedings brought pursuant to this11-subsection, the employee shall not be required to pay any filing fee or12-other court costs necessarily incurred in such proceedings.13-Sec. 8. Section 48-1207, Reissue Revised Statutes of Nebraska, is14-amended to read: 15-48-1207 Nothing in the Wage and Hour Act sections 48-1201 to 48-120916-shall be deemed to interfere with, impede , or in any way diminish the17-right of employees to bargain collectively with their employers through18-representatives of their own choosing in order to establish wages or19-other conditions of work in excess of the applicable minimum under the20-Wage and Hour Act provisions of sections 48-1201 to 48-1209.21-Sec. 9. Section 48-1208, Reissue Revised Statutes of Nebraska, is22-amended to read: 23-48-1208 Any standards relating to minimum wage, maximum hours, or24-other working conditions in effect on October 23, 1967, by or under any25-other law of this state, which are more favorable to employees than those26-applicable to such employees under the Wage and Hour Act provisions of27-sections 48-1201 to 48-1209, shall not be deemed to be amended,28-rescinded, or otherwise affected by the Wage and Hour Act sections29-48-1201 to 48-1209 but shall continue in full force and effect.30-Sec. 10. Section 48-1209, Reissue Revised Statutes of Nebraska, is31-LB75-2025-LB75-2025--8--amended to read: 1-48-1209 Sections 48-1201 to 48-1209 and sections 4 and 5 of this act2-shall be known and may be cited as the Wage and Hour Act.3-Sec. 11. Original sections 48-1202, 48-1203.01, 48-1205, 48-1206,4-48-1207, 48-1208, and 48-1209, Reissue Revised Statutes of Nebraska, and5-section 48-1203, Revised Statutes Cumulative Supplement, 2024, are6-repealed. 7-LB75-2025-LB75-2025--9-+Date of Hearing: February 10, 2025++The following constitutes the reasons for this bill and the purposes which are sought to be+accomplished thereby:+LB 75 would add clarity, employee protections, and an enforcement mechanism to existing+tipped wage statutes.+Under current law, the sum of wages and gratuities paid to tipped workers must meet or+exceed the standard minimum wage. Nebraska's minimum wage is currently $13.50/hr, and+the tipped wage is $2.13/hr. That is, if a tipped worker's wages plus tips add up to less than+$13.50/hr, the employer is statutorily required to make up the difference.+However, current statute is vague and does not provide for enforcement of this part the law,+nor does it provide a process or protections for tipped employees who believe that they are+not receiving the proper wage. LB 75:+-Makes explicitly clear it is the responsibility of the employer to ensure that tipped employees+are being paid an equivalent of the regular minimum wage,+-Establishes a process and protections for employees to submit complaints to the Department+of Labor if they reasonably believe they aren't receiving the proper wage; and+-Requires employers to keep records of the amount paid each pay period to tipped employees+and their hours worked; and to provide these records to the Commissioner of Labor upon+request. The DOL is then authorized to take enforcement actions or to forward credible+complaints to the appropriate county attorney.++Principal Introducer: ________________________________+Senator Megan Hunt+- 1 -
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