USA – NEBRASKA Law and Practice Contributed by: Tara Paulson, Mark Fahleson and Julie Schumacher, Rembolt Ludtke LLP
Nebraska’s prohibition against intercepted commu - nications may be liable. This law covers all Nebraska employers and employees. Under Nebraska law, no person may intentionally intercept a wire, electronic or oral communication unless: • the person is a party to the communication; • one party to the communication gives prior con - sent to the interception, and the interception does not otherwise violate the law; • the interceptions are done in the normal course of an internet provider’s work; and • it is a lawful interception. The law also makes it illegal for any person to: • use or disclose the contents of any intercepted communication; and • give notice to any person that an investigative or law enforcement officer is authorised to intercept communications if the notice is to obstruct, impede or prevent that interception. The law provides a private cause of action to any per - son whose wire, electronic or oral communication is intercepted, disclosed or intentionally used in violation of the law. Available relief includes: • preliminary and other equitable or declaratory relief; • reasonable attorneys’ fees and other litigation costs; • the greater of: (a) actual damages suffered by the plaintiff and any profits made by the violator because of the violation; or (b) statutory damages of either USD100 a day for each violation or USD10,000, whichever is greater; and • specified statutory damages for certain violations involving the viewing of a private satellite video or radio communication. Disclosure of Employment History Under Nebraska law, an employer may disclose the following information about a current or former
employee’s employment history to a prospective employer with the current or former employee’s writ - ten consent: • date and duration of employment; • the most recent written performance evaluation prepared before the request date if provided to the employee during their employment; • attendance records; • results of drug or alcohol tests administered within one year before the request; • threats of violence, harassing acts or threatening behaviour related to the workplace or directed at another employee; • pay rate and wage history; • job description and duties; • whether the employee was voluntarily or involun - tarily separated from employment and the reasons for the separation; and • whether the employee is eligible for rehire. Employers who disclose this information in good faith are immune from civil liability for the disclosure. A former employee can rebut the presumption of good faith by showing that the information disclosed by the employer was false and the employer knew of its falsity or acted with malice or reckless disregard for the truth. Truth and Deception Examination No employer or prospective employer may require as a condition of employment or continued employ - ment that a person submit to a truth and deception examination unless the employment involves public law enforcement. An employer or prospective employer may ask an employee or applicant to submit to a truth and decep - tion examination if: • the examiner does not ask questions concerning the examinee’s: (a) sexual practices; (b) labour union, political or religious affiliations; or (c) marital relationships; • the employer gives the examinee written and oral notice that: (a) the examination is voluntary; and
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