Special Rules Enacted for Construction and Delivery Workers

Nebraska’s Employee Classification Act (“the Act”), L.B. 563, dramatically increases the administrative burden and financial risks of doing business with independent contractors in the construction or delivery services industries. The Act was signed into law by Governor Dave Heineman (R-Ne) and became effective on July 15, 2010. I. Scope and Applicability The…

Fair Playing Field Act of 2010 Goes to Committee

Bill H 6128 and S 3786 Fair Playing Field Act of 2010. Seeks to limit application of the Section 530 safe harbor provisions by authorizing prospective reclassification of an independent contractor as an employee. Additionally, the Secretary is permitted to issue guidance regarding the classification of employment status of individuals. Requires…

Construction Industry Independent Contractor Act Passes Senate

Bill: H 400 Construction Industry Independent Contractor Act. Applies to “construction, reconstruction, demolition, alteration, modification, erection, custom fabrication, repair work or maintenance work done on any real property or premises under contract, whether or not the work is for a public body and paid for from public funds.” Defines independent contractor…

Governor Enacts Misclassification Act

Bill H 647 Misclassification Act applicable to workers’ compensation, unemployment tax, public works projects, and the insurance code. Workers’ Compensation: Provides for penalties, stop work orders (with no stay pending appeal), and debarment from state projects both directly and indirectly; Insurance: Permits the Insurance Commissioner to penalize any person where the…
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