§ 48-668 — Unemployment compensation; services performed in another state; arrangements with other states

Nebraska § 48-668

• Jurisdiction: Nebraska
• Ch. 48: Labor

Text

(1) The commissioner is hereby
authorized to enter into arrangements with the appropriate and duly authorized
agencies of other states or the federal government, or both, whereby:
(a) Services performed by
an individual for a single employer for which services are customarily performed
by such individual in more than one state shall be deemed to be services performed
entirely within any one of the states in which (i) any
part of such individual's service is performed, (ii) such
individual has his or her residence, or (iii) the employer maintains
a place of business, if there is in effect, as to such services, an election
by an employer with the acquiescence of such individual, approved by the agency
charged with the administration of such state's unemployment compensation
law, pursuant to which services performed by such individual for such employer
are deemed to be performed entirely within such state;
(b) Service performed by not
more than three individuals, on any portion of a day but not necessarily simultaneously,
for a single employer which customarily operates in more than one state shall
be deemed to be service performed entirely within the state in which such
employer maintains the headquarters of his or her business if there is in
effect, as to such service, an approved election by an employer with the affirmative
consent of each such individual, pursuant to which service performed by such
individual for such employer is deemed to be performed entirely within such
state;
(c) Potential rights to benefits
under the Employment Security Law may constitute the basis for payment of
benefits by another state or the federal government and potential rights to
benefits accumulated under the law of another state or the federal government
may constitute the basis for the payment of benefits by this state. Such benefits
shall be paid under the Employment Security Law or under the law of such state
or the federal government or under such combination of the provisions of both
laws, as may be agreed upon as being fair and reasonable to all affected interests.
No such arrangement shall be entered into unless it contains provisions for
reimbursement to the fund for such benefits as are paid on the basis of wages
and service subject to the law of another state or the federal government,
and provision for reimbursement from the fund for such benefits as are paid
by another state or the federal government on the basis of wages and service
subject to the Employment Security Law. Reimbursements paid from the fund
pursuant to this section shall be deemed to be benefits for the purposes of
the Employment Security Law; and
(d) Wages, upon the basis
of which an individual may become entitled to benefits under an employment
security law of another state or of the federal government, shall be deemed
to be wages for insured work for the purpose of determining his or her benefits
under the Employment Security Law; and wages for insured work, on the basis
of which an individual may become entitled to benefits under the Employment
Security Law, shall be deemed to be wages on the basis of which unemployment
insurance is payable under such law of another state or of the federal government.
No such arrangement shall be entered into unless it contains provisions for
reimbursement to the fund for such of the benefits paid under the Employment
Security Law upon the basis of such wages and provision for reimbursement
from the fund for such benefits paid under such other law upon the basis of
wages for insured work, as the commissioner finds will be fair and reasonable
to all affected interests. Reimbursement paid from the fund pursuant to this
section shall be deemed to be benefits for the purposes of the Employment
Security Law.
(2) Notwithstanding
any other provisions of this section, the commissioner shall participate in
any arrangements for the payment of benefits on the basis of combining an
individual's wages and employment covered under the Employment Security Law
with his or her wages and employment covered under the unemployment compensation
laws of other states which are approved by the United States Secretary of
Labor in consultation with the state unemployment compensation agencies as
reasonably calculated to assure the prompt and full payment of benefits in
such situations and which include provisions for (a) applying the base period
of a single state law to a claim involving the combining of an individual's
wages and employment covered under two or more state unemployment compensation
laws and (b) avoiding
the duplicate use of wages and employment by reason of such combining. However, no benefits paid pursuant to
an agreement to combine wages entered into under this subsection shall be
charged against any employer's experience account if the employer's experience
account, under the same or similar circumstances, would not be charged under
the Employment Security Law. Benefits received by a claimant pursuant to an
agreement entered into under this subsection to which he or she is not entitled
shall be credited to an employer's experience account or reimbursement account
in the same manner as claims paid based solely upon the laws of this state.

Legislative History

Source: Laws 1937, c. 108, § 18, p. 402; Laws 1939, c. 56, § 12, p. 251; C.S.Supp.,1941, § 48-717; R.S.1943, § 48-668; Laws 1945, c. 115, § 8, p. 387; Laws 1949, c. 163, § 17(1), p. 432; Laws 1971, LB 651, § 13; Laws 1985, LB 339, § 49; Laws 2009, LB631, § 12.