Nebraska § 48-4002 - Terms, defined.

§ 48-4002. Terms, defined.

For purposes of the Nebraska Worker Adjustment and Retraining Notification Act:

(1) Business closing means the permanent or temporary shutdown of a single site of employment of one or more facilities or operating units that will result in an employment loss for one hundred or more employees, other than part-time employees;

(2) Department means the Department of Labor;

(3) Employee means a worker who may reasonably expect to experience an employment loss as a consequence of a proposed business closing or mass layoff by an employer;

(4) Employer means a person who employs one hundred or more employees, excluding part-time employees;

(5) Employment loss means an employment termination, other than a discharge for cause, voluntary separation, or retirement; a layoff exceeding six months; or a reduction in hours of more than fifty percent of work of individual employees during each month of a six-month period. Employment loss does not include instances when a business closing or mass layoff is the result of the relocation or consolidation of part or all of the employer's business and, before the business closing or mass layoff, the employer offers to transfer the employee to a different site of employment within a reasonable commuting distance with no more than a six-month break in employment;

(6) Mass layoff means a reduction in employment force that is not the result of a business closing and results in an employment loss at a single site of employment during any thirty-day period of one hundred or more employees, other than part-time employees;

(7) Part-time employee means an employee who is employed for an average of fewer than twenty hours per week or an employee, including a full-time employee, who has been employed for fewer than six of the twelve months preceding the date on which notice is required. However, if an applicable collective bargaining agreement defines a part-time employee, such definition shall supersede the definition in this subdivision;

(8) Representative means an exclusive representative of employees within the meaning of section 9(a) of the federal National Labor Relations Act, 29 U.S.C. 151 et seq., and the federal Railway Labor Act, 45 U.S.C. 151 et seq.; and

(9) Single site of employment means a single location or a group of contiguous locations, such as a group of structures that form a campus or business park or separate facilities across the street from each other.