Category Archives: Nebraska

Honor Workers this Labor Day by Supporting Corrections’ Employees

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nebraska corrections officerLabor Day is to honor workers. We must never forget that. Labor unions have worked long and hard to improve the lives of workers. Safety and reduction of injury is one area that directly benefits all workers.

Most workplaces are safer than they were a decade ago. In Nebraska, correction workers are experiencing dramatic and frightening increases in violence and injury.

The stories of riots and inmates assaulting workers are all too frequent.  The root cause is simple. We don’t have enough corrections workers. This also seems to be the case in Iowa.

The Nebraska Association of Public Employees/American Federation of State, County and Municipal Employees is fighting hard to get the governor of Nebraska to get more hands on deck and hire more workers to protect all corrections officers.

Wouldn’t it be great as Labor Day approaches if the governor decided to add more corrections officers and make that workplace safer? I don’t think we should hold our breaths for that to happen, but one can hope.

We can all lend our voices to support NAPE/AFSCME in its efforts. Keep up the good work!

 

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Iowa, Labor Day, Nebraska and tagged , , , , .

Are Graduate Students and Teaching Assistants Employees in Nebraska?

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On Tuesday, the National Labor Relations Board ruled that teaching assistants and graduate students at private universities are employees. Though this doesn’t mean that teaching assistants and graduate students at public universities are employees, teaching assistants and graduate students at public universities may have recourse under Nebraska law to be paid wages.

Neb. Rev. Stat. 48-1203 allows student-learners enrolled in “a bona fide vocational training program” to be paid 75 percent of the state’s minimum wage. This wage rate would be $6.75 per hour. The problem with this language is that “bona fide vocational training program” and “student-learners” are not defined under the Nebraska Wage and Hour Act. The ambiguity could work to the advantage of teaching assistants and graduate students at public universities in Nebraska. Generally, wage and hour are interpreted to cover as many people as possible. Additionally, the fact that the federal government states that graduate students and teaching assistants are employees could be persuasive.

Wage and hour issues like pay for teaching assistants and the use of unpaid internships are not the only wage and hour issue facing young people. Nebraska’s minimum-wage hike has raised some other issues relevant to younger workers.

Neb. Rev. Stat 48-1203.01 allows for a 90-day training rate that is 75 percent of the federal minimum wage, or $5.44 per hour. That training period can be extended for 90 days upon approval of the Nebraska Department of Labor if the on-the-job training requires obtaining “technical, personal or other skills” necessary for employment. While the $5.44 rate appears to require approval for the second 90-day period, it is not clear that such approval is needed for the first 90-day period.

Additionally, Nebraska did not raise its tipped minimum wage of $2.13 per hour when it raised the minimum wage. An effort to raise the tipped minimum failed in 2015. Under Nebraska law, tipped employees, like servers, are supposed to be paid the state minimum-wage rate, though this does not always happen. The practice of tipping has been criticized as being based on practices under slavery and for encouraging sexual harassment of servers. However, payment through tips is still allowed. Fortunately, servers in Nebraska are entitled to be paid $9 per hour rather than the $7.25 federal minimum wage.

Nebraska also allows certain disabled workers to be paid less than the minimum wage. This is similar to the federal law that was criticized by former Iowa Senator Tom Harkin recently in a speech at the Democratic National Convention.

After thinking about Nebraska’s laws regarding youth and training subminimum wages, I have a few conclusions. First of all, the vocational training minimum wage may be another route for interns to be compensated. Second, though the Nebraska legislature appears to be against expanding Nebraska’s minimum-wage law, cities can implement their own minimum-wage laws. For example, Seattle passed a $15 per hour minimum-wage law. While Lincoln isn’t Seattle, Lincoln city councilwoman Leirion Gaylor Baird appeared in commercials supporting the ballot initiative that raised Nebraska’s statewide minimum wage to $9 per hour, so perhaps a Lincoln municipal ordinance addressing unpaid internships would be politically realistic.

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in employment law, Nebraska, worker rights and tagged , , , , , , , .

How Do Nebraska Workers’ Compensation Judges End Up on the Bench?

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There are seven judges who are active in the Nebraska Workers’ Compensation Court. These judges are solely workers’ compensation judges and do not hear any other cases outside of the Nebraska Workers’ Compensation Court. Four of the judges have offices in Lincoln, and three have offices in Omaha, but the seven judges cover the entire state. Trials are conducted by these judges in the county where the work-related injury occurred. If the injury occurred outside of the state, the hearing is held in Lincoln or in any other venue to which the parties agree.

How do these judges end up on the bench? The workers’ compensation judges in Nebraska are not elected, unlike in some states. Instead, like all state-court judges in Nebraska, a pool of judicial candidates is screened and narrowed by a judicial nominating commission. These commissions are made up of both lawyers and laypersons from both political parties and also independents. After the narrowing process, the governor appoints a judge from that limited group. After the appointment, every six years, the judge will be up for a vote of the general public as to whether the judge should be retained on the bench. If the vote is to retain the judge, then that judge remains for another six-year term.

A system like this does a good job of narrowing the candidates for the governor to a group of the most qualified. Further, this process usually limits politics in the judiciary and it is greatly preferable to the states where judges are simply elected. Here is a good video explaining why.

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Courts, Government, Nebraska, Omaha, Workers' Compensation and tagged , , , .

Packing Plants Are Modern-Day ‘Jungle’

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crete-nebraska-meat-packingBeef and chicken packing plants remain “brutal” workplaces, according to a recent Government Accountability Office (GAO) study of the industry. More than 100 years ago, Sinclair Lewis, in “The Jungle,” wrote of brutal work conditions and treatment of Eastern European immigrants. Today the brutality continues, but the immigrants are from Latin America and, increasingly, Africa. The meat industry recruits them. The pay sucks, the conditions are uncomfortable, and the injuries pile on. Wages are frequently below $15 an hour.

Fifteen years ago, Eric Schlosser wrote “Fast Food Nation: The Dark Side of the All-American Meal,” which was considered a modern “Jungle.” He wrote of fast line speed in the modern packing industry and pointed out how it devastated modern workers. The book was a best-seller and made it to the big screen. It was a noble effort to get changes that protected packing-plant workers. Sadly, the bulk of legal reforms since the book have benefited employers. They attack workers every year in every state legislature. Sadly, the workers who bring us the food we enjoy just keep getting ignored.

It seems the more things change, the more they stay the same for this group of hardworking people.

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in carpal tunnel, Death, Nebraska, Preventing Injury, Safety violations, Work Injury, Worker safety, Workers' Compensation, Workplace Injury and tagged , , .

Brain Injury Association of Nebraska Advocates, Educates through Upcoming Conference

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BIANE_LogoBrain injury is caused by trauma, and it causes lifelong problems to which victims and their loved ones must adapt.

Our firm and our senior member, Rod Rehm, has represented victims of traumatic brain injury (TBI) since the early ’80s. Obtaining recognized evidence concerning most TBIs has been made much easier by associations such as the Brain Injury Association of Nebraska (BIA-NE).

This group of victims and their families have worked tirelessly to inform and educate the public and our lawmakers about TBI. BIA-NE has been a strong and effective advocate for victims and their families. There are a lot of really interesting and helpful resources on the website. In addition, the group hosts events that offer information and support, including an upcoming conference in Kearney from March 31 through April 1. The registration deadline is Friday, March 25, so please register for the conference through this link.

Organizers suggest the following people should consider attending this conference, according to the website:

  • “People with Brain Injuries
  • Family Members/Caregivers
  • Health Care Professionals (See For Professionals)
  • State Agency Personnel
  • Educators who work with brain injury or special needs children.
  • Law Enforcement Personnel
  • Anyone interested in issues and trends in brain injury”

In addition to the upcoming conference, BIA-NE also holds events that focus on supporting veterans and their caregivers.

TBI victims now face more accepting judges, juries and insurance companies as they seek proper treatment and compensation thanks to this inspiring advocacy.

Rehm, Bennett and Moore is proud that Rod Rehm has been designated as a Recognized Brain Injury Attorney by the Brain Injury Association of Nebraska.

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Health, mental health, Nebraska, Safety violations, Workplace Injury, Workplace Safety and tagged , , , .

Workers’ Compensation and Child Support in Nebraska

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Doing_the_best_she_canWhat happens when you are injured at work, but you also pay child support? In Nebraska, generally, there cannot be liens against workers’ compensation benefits. However, Nebraska Revised Statute 48-149 provides for one of those rare instances where a lien may be instituted against workers’ compensation benefits for child support orders. In other words, if you have a Nebraska child support order, it is likely that any child support that is due may be garnished from your workers’ compensation benefit checks or from a workers’ compensation settlement.

If there is an out-of-state child support order, however, the order must first be transferred to the Nebraska courts or to the Nebraska Department of Health and Human Services before a child support order may attach as a lien to Nebraska workers’ compensation benefits. In order to do that, there are certain procedures that must be followed for a proper transfer of a child support order to Nebraska courts. Often, these procedures are not followed by other states and therefore, there is not be a proper lien against Nebraska workers’ compensation benefits to be garnished. If the out-of-state child support order was properly transferred though, the order will be treated the same as a Nebraska child support order, and workers’ compensation benefits may be garnished to pay said child support.

Regardless of where a child support order is located, it is absolutely imperative that you inform your lawyer about any child support that you owe so your lawyer is able to help you navigate through your workers’ compensation claim and child support concerns.

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Nebraska, Workers' Compensation and tagged , , , , , .

Pregnant Workers Should Get Workers’ Compensation If They Have a Claim

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pregnany at wrokA new law went into effect during 2015 in Nebraska that requires employers of 15 or more employees to accommodate pregnant workers on the job. This is a significant change that affects working women by expanding workplace protections for those who become pregnant.

Nebraska’s protections for pregnant employees go beyond even the standards for pregnancy discrimination under federal law. The new law also protects women with post-childbirth medical conditions and women who choose to breastfeed or pump.

This law means that pregnant women in Nebraska will be able stay on the job longer and will have an easier time returning to work.

This accommodation includes obtaining “equipment for sitting, more frequent or longer breaks, periodic rest, assistance with manual labor, job restructuring, light-duty assignments, modified work schedules, temporary transfers to less strenuous or hazardous work, time off to recover from childbirth, or break time and appropriate facilities for breastfeeding or expressing breastmilk.” Nebraska Revised Statute 48-1102 (11)

These changes outlaw discrimination against a pregnant woman with respect to hiring, advancement, discharge, training and other terms, conditions and privileges of employment. These protections extend to a pregnant employee before, during and after a pregnancy.

Unfortunately, pregnancy doesn’t mean that women can avoid work injuries, especially in female-dominated fields like nursing and human-services support. Sometimes employers and/or insurers will attempt to use the excuse that since an employee is going to be out because of pregnancy that they do not have to pay temporary disability benefits to an injured worker who is suffering from a work injury.

But when an occupational or work injury and a non-occupational injury, combine to cause disability, employers still have to pay those disability benefits. Nebraska’s new law on pregnancy doesn’t change that fact. If anything, smart and ethical employers will attempt to accommodate injured pregnant employees in legitimate light-duty jobs so they do not have to pay disability benefits.

In addition, when a pregnant employee is injured on the job and is receiving workers’ compensation benefits and later is ordered by her physician not to perform certain work activities or is in need of bed rest due to the pregnancy, an injured and pregnant employee’s workers’ compensation benefits cannot be reduced or suspended on account of the pregnancy in both Nebraska and Iowa.

However, not all employers and workers’ compensation insurance carriers understand or follow the law. If you are injured and not receiving workers’ compensation benefits because your employer says that they could accommodate your job but for you being pregnant, you need to call a firm that handles both discrimination and workers’ compensation law. You should also call an employment lawyer if you are pregnant and being forced to take unpaid leave rather than having your job duties modified or changed.

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Employment, employment law, Health, Nebraska, Workers' Compensation and tagged , , , .

Thanksgiving Thoughts: Appreciating Workers and Stores Closed on Holiday

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thanksgiving.jpegWhat are your plans later in the week? Will you gather with family, friends, and loved ones? And do you plan to go shopping? Or do you have to work and just hope, like many truck drivers, that you’ll get a warm meal that may or may not involve turkey on Thursday?

I want to thank everyone who doesn’t have a choice in the matter and who will be working on Thursday, including first responders, health care workers, truckers and retail workers. I also want to provide a few links to online articles I found that list stores that have chosen to be closed on Thanksgiving so these employees can be with their loved ones, whether friends or family. Each list is slightly different, and I realize that there are different stores in Iowa and Nebraska, too, so that’s why there are three links.

In addition, if you plan to do some shopping on Black Friday, please take note of this OSHA FactSheet resource regarding crowd management safety guidelines from the U.S. Labor Department’s Twitter feed.

Also note that the offices of Rehm, Bennett & Moore and Trucker Lawyers will close at 3:30 p.m. on Wednesday, Nov. 25. The offices will be closed on Thursday, Nov. 26, and Friday, Nov. 27, for the Thanksgiving holiday. We will be open again at 8:30 a.m. on Monday, Nov. 30.

We are thankful for so much. At this time of reflection, we are especially thankful for family, friends, and the opportunity to advocate for clients who make our work worthwhile. Happy Thanksgiving!

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Employment, employment law, Holiday, Iowa, Nebraska, OSHA and tagged , , , .