§ 48-3004 — Job training reimbursements; application; contents; confidentiality; director; duties; written agreement; contents

(1) To earn
the job training reimbursements set forth in the Teleworker Job Creation Act,
an employer shall file an application for an agreement with the director.
An application may be filed at any time on or after April 8, 2010.
(2) The application
shall contain:
(a) A written statement describing the expected employment of qualifying
employees in this state;
(b) Sufficient documents, plans, and specifications as required
by the director to support the plan and to define a project; and
(c) A copy of
the letter submitted to the director seeking approval of the employer's qualified
training program.
(3) The application and all supporting information shall be confidential
except, for each project:
(a) The name of the employer;
(b) The amount of the job training reimbursement;
(c) The number
of persons trained, with such number divided into three categories: The number
who reside in rural areas; the number who reside in poverty areas; and the
number who reside in all other parts of Nebraska, based on the rural areas
and poverty areas described in section 48-3006 ; and
(d) The amount of total wages
and other payments subject to withholding, as defined in section 77-2753 ,
paid by the employer to all teleworkers who reside in Nebraska, with such
residence as determined by the statement of the qualifying employee on his
or her employment application, within three hundred sixty-five days prior
to the date of application, for the year of the project, and for the following
twelve months.
The employer shall be required to provide this information to the
director upon written request by the director.
(4)(a) The director shall
approve the application and authorize the total amount of job training reimbursements
expected to be earned as a result of the project if he or she is satisfied
that (i) the plan in the application defines a project that meets the eligibility
requirements established within the Teleworker Job Creation Act and (ii) such
requirements will be reached within three hundred sixty-five calendar days
after the application filing date. The director shall use the subaccount created
under subsection (3) of section 81-1201.21 to provide reimbursements allowed
by the act for the training of teleworkers.
(b) The director shall not approve further
applications once the director has approved seven project applications filed
before the end of fiscal year 2010-11 and the expected job training reimbursements
from the approved projects total one million fifty thousand dollars in fiscal
year 2010-11. Applications for an agreement shall for purposes of this limit
be approved in the order in which they are received by the director.
(c) An employer
and the director may enter into agreements for more than one project, up to
a total of five approved project applications filed before the end of fiscal
year 2010-11. The projects may be either sequential or concurrent. No new
qualifying employees shall be included in more than one project for meeting
the project requirements or the creation of job training reimbursements. When
projects overlap and the plans do not clearly specify, the employer shall
specify to which project the employment belongs. The employer has until it
submits its request for reimbursement to the director to designate to which
project a qualifying employee belongs. The employer may not receive job training
reimbursements for a qualifying employee until the employer designates to
which project that qualifying employee belongs. Such designation shall be
made on such form to be filed with the director as the director shall direct.
(5) After approval,
the employer and the director shall enter into a written agreement. The employer
shall agree to complete the project, and the director, on behalf of the State
of Nebraska, shall designate the approved plans of the employer as a project
and, in consideration of the employer's agreement, agree to allow the employer
to receive the job training reimbursements contained in the Teleworker Job
Creation Act up to the total amount of job training reimbursements that were
authorized by the director. The application and all supporting documentation,
to the extent approved, shall be considered a part of the agreement. The agreement
shall state:
(a) The number of qualifying employees required by the act for the
project;
(b) The time period under the act in which the required level must
be met;
(c) The documentation the employer will need to supply when requesting
the job training reimbursements under the act;
(d) The date the application
was filed; and
(e) The maximum amount of job training reimbursements authorized.

Legislative History

Source: Laws 2010, LB1081, § 4.