{"id":40554,"date":"2026-03-24T14:45:33","date_gmt":"2026-03-24T20:45:33","guid":{"rendered":"https:\/\/update.legislature.ne.gov\/?p=40554"},"modified":"2026-03-27T13:56:04","modified_gmt":"2026-03-27T19:56:04","slug":"omnibus-employment-measure-amended-advanced","status":"publish","type":"post","link":"https:\/\/update.legislature.ne.gov\/?p=40554","title":{"rendered":"Omnibus employment measure amended, advanced"},"content":{"rendered":"

A bill intended to provide state-level notification requirements for Nebraska businesses experiencing mass layoffs or closures was amended to include several other proposals before advancing from general file March 23.<\/p>\n

\"Sen.
Sen. Teresa Ibach<\/figcaption><\/figure>\n

Under the federal Worker Adjustment and Retraining Notification (WARN) Act, businesses with 100 or more employees are required to submit notice when they experience a shutdown affecting 50 or more employees at a single site during any 30-day period. They also must submit notice if at least 33% of the total active workforce \u2014 or 500 or more employees, whichever number is lower \u2014 will permanently lose employment.<\/p>\n

LB921, as introduced by Sumner Sen. Teresa Ibach, would adopt a state-level WARN act. As introduced, the bill would require businesses that experience a mass layoff event or closure affecting 25 or more full-time employees for a period exceeding six months to notify employees and the state Department of Labor at least 60 days in advance of such event.<\/p>\n

As introduced, the act would apply to businesses with at least 25 full-time employees. Businesses that do not provide adequate notice would be subject to a civil penalty not to exceed $100 for each day of the violation.<\/p>\n

Ibach said hundreds of former employees of the Tyson Foods plant in Lexington contacted her after the plant\u2019s closing, asking that Nebraska adopt a state-level WARN act. Doing so would ensure that state and local officials can mount a more proactive response to a layoff event or closure, she said, and divert resources to communities in need.<\/p>\n

\u201cBeing laid off can be one of the most stressful things that happens to an employee and their family and LB921 can help mitigate that stress by providing advance notice of the mass layoff regardless [of whether] the federal threshold has been met,\u201d Ibach said.<\/p>\n

She offered an amendment, adopted 37-0, that would mirror the federal standard and apply the bill only to businesses with at least 100 full-time employees. She said LB921 as introduced would have been too \u201cheavy-handed\u201d an approach to regulating Nebraska businesses.<\/p>\n

The bill also would make changes to the Non-English-Speaking Workers Protection Act, which requires businesses to provide an interpreter and referral agent if 10% of their staff speaks the same non-English language. Referral agents would be required to develop and maintain a list of community services and assist employees in attempting to obtain those services.<\/p>\n

A Business and Labor Committee amendment would lower the non-English speaking employee threshold to 5%. It also would require businesses to provide WARN notice to affected employees and DOL at least 90 days in advance of a qualifying mass layoff event or closure.<\/p>\n

\"Sen.
Sen. Robert Dover<\/figcaption><\/figure>\n

Debate focused on the inclusion in the committee amendment of the amended provisions of LB544, sponsored by Norfolk Sen. Robert Dover. Those provisions would require individuals receiving unemployment benefits to respond to an interview request or a job offer for suitable employment within one week.<\/p>\n

The proposal also stipulates that an individual receiving unemployment benefits who fails to appear for a previously scheduled interview without notifying the prospective employer within seven days of the need to cancel or reschedule would lose benefits for one week.<\/p>\n

The commissioner of labor would determine if the criteria have been met to deny unemployment benefits under the measure\u2019s provisions.<\/p>\n

Dover said filling vacancies can be a challenge for business owners and that he brought the proposal to address an issue that he has experienced firsthand \u2014 being \u201cghosted\u201d by an applicant who fails to show up for a job interview.<\/p>\n

He said the provisions would encourage accountability and provide an incentive for Nebraskans collecting unemployment benefits to follow up on applications instead of meeting the minimum requirement of applying for work but not actually pursuing employment.<\/p>\n

Other states, including Arkansas, Kansas, Montana and Tennessee, have similar policies, he said.<\/p>\n

\u201cThe purpose is to simply add an accountability component, so if someone is receiving benefits, and they\u2019re offered a job, they need to show up for the interview,\u201d Dover said.<\/p>\n

Sen. Machaela Cavanaugh of Omaha opposed those provisions and offered a successful motion to divide the question and consider them separately from the rest of the committee amendment.<\/p>\n

Cavanaugh said there are many reasons that someone who is receiving unemployment benefits might not be able to attend a job interview, such as transportation or child care issues, or having their phone disconnected due to being unable to pay the bill.<\/p>\n

\u201cI think people\u2019s lives that are on unemployment are much more complex than maybe people in the [Legislature] understand,\u201d Cavanaugh said. \u201cPeople who are on unemployment are on unemployment oftentimes because they are struggling to have work, and punishing them for not being able to show up feels like we are perpetuating making poverty a full-time job.\u201d<\/p>\n

Omaha Sen. Kathleen Kauth, Business and Labor Committee chairperson, supported the portion of the divided amendment containing provisions from Dover\u2019s LB544, which she called a \u201cgood business\u201d bill.<\/p>\n

\u201c[It] simply states when people are on unemployment and they get a job interview, they actually have to show up. I think it\u2019s not unreasonable to expect people to show up for the job interviews rather than ghosting,\u201d Kauth said.<\/p>\n

Sen. Danielle Conrad of Lincoln opposed the measure, calling it \u201cmean-spirited\u201d to penalize individuals who are unemployed through no fault of their own. Workers do not qualify for unemployment benefits if they quit or were fired for misconduct from their previous job, she said, and already can have their benefits withheld for refusing offers of suitable employment.<\/p>\n

The committee amendment containing the provisions of Dover\u2019s LB544 were adopted 34-6.<\/p>\n

The second portion of the divided amendment, adopted 37-0, contained provisions of two additional bills heard by the committee this session.<\/p>\n

The amended provisions of LB308, sponsored by Ibach, would require DOL to create and maintain a registry for health care staffing agencies operating in Nebraska. Each agency would be required to pay a $1,500 fee to register each physical location annually and ensure employee compliance with licensing, certification, registration and other qualifications required to provide direct services in a health care facility.<\/p>\n

Ibach said the measure is necessary to ensure transparency and accountability for staffing agencies that are increasingly relied upon to staff nursing homes and assisted living facilities in rural Nebraska due to a persistent shortage of health care workers.<\/p>\n

\u201cUnfortunately, there are reports of temporary staff lacking legally required credentials, background checks and necessary certifications,\u201d Ibach said, \u201cputting residents, staff and facilities at risk.\u201d<\/p>\n

She offered an amendment, adopted 41-0, to delay implementation of the provisions until July 1, 2027, to allow the department time to absorb the cost of creating and maintaining the registry through use of the Contractor and Professional Employer Organization Registration Cash Fund rather than state general funds.<\/p>\n

The committee amendment also includes the amended provisions of LB1170, sponsored by Sen. Dave Wordekemper of Fremont. Those provisions would allow a county to file more than one state claim for a single correctional institution incident if the threshold amount is met for each claim or prosecution has resolved.<\/p>\n

\"Sen.
Sen. Dave Wordekemper<\/figcaption><\/figure>\n

The proposal also would expand the definition of what constitutes a qualifying death for purposes of the In the Line of Duty Compensation Act to include:
\n\u2022 injuries or illnesses occurring within 24 hours after a nonroutine stressful or strenuous activity in the line of duty;
\n\u2022 within five years of diagnosis of exposure-related cancer for individuals exposed to toxins in the line of duty; and
\n\u2022 cumulative traumatic events while on duty that led to a mental health diagnosis or for which there is evidence that the public safety officer attempted to receive help after exposure.<\/p>\n

The presumption of these factors could be rebutted if competent medical evidence establishes the death was unrelated to line-of-duty risk factors or if exposure was not a substantial factor in the individual\u2019s death.<\/p>\n

Following adoption of both components of the divided committee amendment, lawmakers advanced LB921 to select file on a vote of 33-3.<\/p>\n","protected":false},"excerpt":{"rendered":"

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