Tag Archives: Nebraska law

What Are My Rights Regarding Commissions in Nebraska?

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imgresI recently received an inquiry from a potential client about how commissions work in regards to employment law in Nebraska.

My reply included some of the following details:

The Nebraska law that deals with the payment of commissions when a worker is no longer employed, Nebraska Revised Statute 48-1230.01, can be found here. You are entitled to your commission payments at the next regular payday following whenever your commission is collected. Per the law, you are also entitled to an accounting of what commissions you have generated and which ones are still outstanding.

This is a fairly straightforward statute. While there is no way to guarantee you will be paid commissions by your employer, this statute tells you what your rights are. I would suggest you ask for an accounting of your unpaid commissions in writing. If your employer fails to give you an accounting of your unpaid commissions, they are risking criminal and civil penalties, which are covered under Nebraska Revised Statute 48-1231 and Nebraska Revised Statute 48-1232.

State laws and individual situations vary, so if you have specific questions about your circumstances, our office can help you make sure you speak with an attorney who is familiar with your area and can best assist under the circumstances.

Firm takes pride in progressive worker-oriented law, Senator who fights to preserve it

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Sen. Steve Lathrop

Sen. Steve Lathrop

Sandy Hook Elementary School, Newtown, Conn., is Exhibit 1 for why all states need to compensate first responders for post-traumatic stress disorder (PTSD).


A few years ago, the Nebraska legislature passed legislation allowing first responders to receive workers’ compensation benefits for mental disorders arising from their work even if they received no physical injury. The bill arose out of the horrible shooting at the Westroads Shopping Mall in Omaha. Recently the insurance industry has been asking to repeal the bill and the original sponsor, Sen. Steve Lathrop of Omaha, has resisted successfully.


Now we learn that the first responders who worked in the horror scene at Sandy Hook Elementary School in Newtown, Conn., can’t receive workers’ compensation benefits for mental issues that might arise. http://www.newstimes.com/local/article/Officials-hope-to-change-workers-compensation-law-4180221.php I assume the Connecticut legislature will respond, protect first responders in the future and hope there is no repetition of the horrific shootings.


Rehm, Bennett & Moore is proud that Nebraska law protects such workers. We are proud to have state senators like Steve Lathrop. Does the insurance industry care about anything other than dollars?

Pay Attention! After All, We Elected These People

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One new piece of proposed legislation would create a wind farm that would generate electricity to power 60,000 homes.

Happy New Year! Here in Nebraska, we’re not only welcoming new laws but we’re also about to welcome back the legislative branch of the state’s government to do its business.

This Wednesday, Jan. 9, is Day 1 on the Nebraska legislature’s calendar. And that begins the countdown to the end of the Unicameral’s 103rd Legislative session. In 2013, it’s a 90-day session, which is scheduled to end in June of this year.

A lot of conversation, debate, and discussion should happen between the state’s citizen-lawmakers, the state’s citizens, and other interested parties in the days between now and the end of the countdown.

Nebraska is a bit different in how its lawmaking body works: there is only one house, the Unicameral, which is also officially nonpartisan. But just like pretty much every legislature in each state, a lot of bills are introduced, debated and passed, and those bills affect every citizen and worker. And many of those bills will be full of details and nuance and maybe even big-picture ideas with details to be worked out later (and that’s where the devil may be, editorializing a bit!).

So as you’re following the legislative body in your state, I challenge you to pay attention to the news just a little bit more. Think about how proposed legislation affects your friends, neighbors, and yourself. Our office pays close attention to bills affecting workers’ compensation, personal injury and employment issues. We ask our clients and other interested parties to do the same. And our attorneys often testify on behalf of workers’ issues in hearings in both the Judiciary and Business and Labor committees.

Though none of these bills have been introduced yet, here’s a smattering of some of the ideas that have been shared with the Lincoln Journal Star (but just because they talk about it to the media doesn’t mean that senators will necessarily introduce a bill): “Senator eyes tax exemption for military retirement, Social Security”; “Senator again mulling letting teachers carry guns”; and “Wind energy proponents looking for incentives in Nebraska.”

Without going deep into the merits of the ideas above, I also challenge you to think in general terms about bills that you read about in your state. Does the proposal help or protect workers? Feel free to get involved by learning about the proposed laws, calling your state senator, and discussing the issues at play with others.

Our lawyers are carefully watching proposed legislation that could limit medical care for injured workers. The legislation is being supported by business and insurance interests and could result in rationing of medical care, if not drafted to protect consumers and health-care providers. As more details become available, we will publish to inform, comment and potentially call for action from injured workers.

Nebraska Law Would Deny Disability and Death Payments to First Responders in a 9/11-Type Event

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Nebraska State Capitol

Nebraska State Capitol

As we shared in an earlier post, the first responders in the 9/11 attack are being diagnosed with cancer and other diseases at a rate higher than the general public, most likely because of their exposure to the World Trade Center’s deadly dust. But it can take 30 years or more for many of the diseases, disabilities and deaths to actually strike. Many, if not most, of the victims will be retired and earning no wages by the time they get sick.

Bottom line: Nebraska law needs to be changed to treat our workers and their families better

If an event like 9/11 tragically took place in Nebraska, what would happen to the first responders? If, many years later, they got sick and disabled or died because of things they were exposed to in the line of duty, would they receive workers’ compensation payments? Continue reading