USA – NEBRASKA Law and Practice Contributed by: Tara Paulson, Mark Fahleson and Julie Schumacher, Rembolt Ludtke LLP
In Nebraska, a genetic test does not include a routine physical examination or a routine analysis (including chemical analysis) of body fluids unless conducted specifically to determine the presence, absence or mutation of a gene or chromosome. The law covers all employees except individuals employed: • in the domestic service of any person; or • by their parent, spouse or child. Foreign workers in Nebraska must show proof of identity and authorisation to work in Nebraska. The Immigration Reform and Control Act of 1986 (IRCA) requires employers to confirm the identity and employ - ment eligibility of all new employees. 4.2 Registration Requirements for Foreign Workers In Nebraska, every public employer and public con - tractor must register with and use a federal immigra - tion verification system to determine the work eligi - bility status of new employees physically performing services within Nebraska. Every contract between a public employer and public contractor must contain a provision requiring the public contractor to use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within Nebraska. 4. Foreign Workers 4.1 Limitations on Foreign Workers
tinue to be mindful of the obligations to engage in the interactive process with employees who request reasonable accommodations, including remote work, and complete a thorough review as to whether mobile work may be a reasonable accommodation. 5.2 Sabbaticals Sabbaticals are increasing in popularity in Nebraska. Nebraska has no specific legal restrictions applica - ble to sabbatical leave. Employers who choose to offer sabbaticals should specifically outline the eligi - bility requirements, duration and other details in the employer’s internal policies to ensure non-discrimina - tory administration. When creating a sabbatical policy, employers should consider at a minimum: • whether the leave is paid or unpaid; • what benefits will continue to accrue during leave (eg, paid time off); and • what benefits will be available while the employee is on leave. 5.3 Other New Manifestations In Nebraska, there is an increasing focus on digitali - sation and collaboration in the workplace. The move - ment has become known as “new work”. “New work” looks different for every employer and incorporates innovative concepts such as desk sharing, hybrid work and the use of AI. Employers who are embracing “new work” have pri - oritised workplace flexibility and automation. The infrastructures that have been put in place to pro - mote workplace flexibility have resulted in many accommodation requests under the Pregnant Workers Fairness Act and the Americans with Disabilities Act (ADA) being reasonable requests that do not cause the employer undue hardship. See 5.1 Mobile Work .
5. New Work 5.1 Mobile Work
Nebraska law has not adopted any specific require - ments regarding mobile work. Employees who work remotely are generally subject to the same protections as on-site employees under Nebraska and federal law. Employees in Nebraska are increasingly requesting mobile work as an accommodation under the Preg - nant Workers Fairness Act (PWFA) and Americans with Disabilities Act (ADA). Employers should con -
6. Collective Relations 6.1 Unions
The National Labor Relations Act (NLRA) applies to most private sector employers, including manufac - turers, retailers, private universities and health care facilities. The NLRA does not apply to: federal, state or local governments; employers who employ only
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