Section 48-3808 - Act; enforcement(1) The Commissioner of Labor shall issue a citation to an employer when an investigation reveals that the employer may have violated the Nebraska Healthy Families and Workplaces Act.(2) When a citation is issued, the commissioner shall notify the employer of the proposed administrative penalty, if any, by certified mail, by any other manner of delivery by which the United States Postal Service can verify delivery, or by any method of service recognized under Chapter 25, article 5. The administrative penalty shall not be more than five hundred dollars in the case of a first violation and not more than five thousand dollars in the case of a second or subsequent violation.(3) The employer has fifteen working days after the date of the citation or penalty to contest such citation or penalty. Notice of contest shall be sent to the commissioner who shall provide a hearing in accordance with the Administrative Procedure Act.(4) Any employer who has an unpaid citation for a violation of the Nebraska Healthy Families and Workplaces Act shall be barred from contracting with the state or any political subdivision until such citation is paid. If a citation has been contested as described in subsection (3) of this section, it shall not be considered an unpaid citation under this subsection until after such contest has been resolved.(5) Citations issued under this section and the names of employers who have been issued a citation shall be made available to the public upon request, except that this subsection shall not apply to any citations that are being contested as described in subsection (3) of this section.(6) An employee having a claim for a violation of the Nebraska Healthy Families and Workplaces Act may institute suit for legal and equitable relief in the proper court. In any action brought to enforce the Nebraska Healthy Families and Workplaces Act, the court shall have jurisdiction to grant such legal or equitable relief as the court deems appropriate to effectuate the purposes of the act. If an employee establishes a claim and secures judgment on the claim, such employee shall also be entitled to recover the full amount of the judgment and all costs of such suit, including reasonable attorney's fees.(7) If an employee institutes suit against an employer under subsection (6) of this section, any citation that is issued against an employer under subsection (1) of this section and that relates directly to the facts in dispute shall be admitted into evidence unless specifically excluded by the court. If a citation has been contested as described in subsection (3) of this section, it shall not be admitted into evidence under this subsection until such contest has been resolved.(8) A civil action brought under this section shall be commenced no later than four calendar years after the cause of action accrues.Neb. Rev. Stat. §§ 48-3808
Initiative Law 2024, No. 436, § 8.