221 Neb. Admin. Code, ch. 6, § 003

Current through September 17, 2024

Section 221-6-003

A. Any employer may file an election on a form prescribed by the Commissioner to cover under the law of a single participating jurisdiction all of the services performed for that employer by any individual who customarily works for that employer in more than one participating jurisdiction.

An election may be filed, with respect to an individual, with any participating jurisdiction in which (1) any part of the individual's services are performed; (2) the individual resides; or (3) the employer maintains a place of business to which the individual's services bear a reasonable relation.

An election must state that each employee affected by the proposed election has been notified and has acquiesced therein.

B. The agency of the elected jurisdiction (thus selected and determined) shall initially approve or disapprove the election.

If the agency approves the election, it shall forward a copy thereof to the agency of each other participating jurisdiction specified thereon, under whose unemployment compensation law the individual or individuals in question might, in the absence of election, be covered. Each interested agency shall approve or disapprove the election, as promptly as practicable, and shall notify the agency of the elected jurisdiction accordingly.

In case its law so requires, any interested agency may, before taking action, require from the electing employer satisfactory evidence that the affected employees have been notified of and have acquiesced in the election.

C. If the agency of the elected jurisdiction, or the agency of any interested jurisdiction, disapproves the election, the disapproving agency shall notify the elected jurisdiction and the electing employer of its action and of its reason therefor.

D. An election shall take effect as to the elected jurisdiction only if approved by its agency and by one or more interested agencies. An election thus approved shall take effect, as to any interested agency, only if it is approved by the agency.

E. In case any election is approved only in part or is disapproved by some of the agencies, the electing employer may withdraw its election within ten days after being notified of the action.

221 Neb. Admin. Code, ch. 6, § 003