State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter48 > 48-668

48-668. Unemployment compensation; servicesperformed in another state; arrangements with other states.(1) The commissioner is herebyauthorized to enter into arrangements with the appropriate and duly authorizedagencies of other states or the federal government, or both, whereby:(a) Services performed byan individual for a single employer for which services are customarily performedby such individual in more than one state shall be deemed to be services performedentirely within any one of the states in which (i) anypart of such individual's service is performed, (ii) suchindividual has his or her residence, or (iii) the employer maintainsa place of business, if there is in effect, as to such services, an electionby an employer with the acquiescence of such individual, approved by the agencycharged with the administration of such state's unemployment compensationlaw, pursuant to which services performed by such individual for such employerare deemed to be performed entirely within such state;(b) Service performed by notmore 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 shallbe deemed to be service performed entirely within the state in which suchemployer maintains the headquarters of his or her business if there is ineffect, as to such service, an approved election by an employer with the affirmativeconsent of each such individual, pursuant to which service performed by suchindividual for such employer is deemed to be performed entirely within suchstate;(c) Potential rights to benefitsunder the Employment Security Law may constitute the basis for payment ofbenefits by another state or the federal government and potential rights tobenefits accumulated under the law of another state or the federal governmentmay constitute the basis for the payment of benefits by this state. Such benefitsshall be paid under the Employment Security Law or under the law of such stateor the federal government or under such combination of the provisions of bothlaws, 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 forreimbursement to the fund for such benefits as are paid on the basis of wagesand service subject to the law of another state or the federal government,and provision for reimbursement from the fund for such benefits as are paidby another state or the federal government on the basis of wages and servicesubject to the Employment Security Law. Reimbursements paid from the fundpursuant to this section shall be deemed to be benefits for the purposes ofthe Employment Security Law; and(d) Wages, upon the basisof which an individual may become entitled to benefits under an employmentsecurity law of another state or of the federal government, shall be deemedto be wages for insured work for the purpose of determining his or her benefitsunder the Employment Security Law; and wages for insured work, on the basisof which an individual may become entitled to benefits under the EmploymentSecurity Law, shall be deemed to be wages on the basis of which unemploymentinsurance is payable under such law of another state or of the federal government.No such arrangement shall be entered into unless it contains provisions forreimbursement to the fund for such of the benefits paid under the EmploymentSecurity Law upon the basis of such wages and provision for reimbursementfrom the fund for such benefits paid under such other law upon the basis ofwages for insured work, as the commissioner finds will be fair and reasonableto all affected interests. Reimbursement paid from the fund pursuant to thissection shall be deemed to be benefits for the purposes of the EmploymentSecurity Law.(2) Notwithstandingany other provisions of this section, the commissioner shall participate inany arrangements for the payment of benefits on the basis of combining anindividual's wages and employment covered under the Employment Security Lawwith his or her wages and employment covered under the unemployment compensationlaws of other states which are approved by the United States Secretary ofLabor in consultation with the state unemployment compensation agencies asreasonably calculated to assure the prompt and full payment of benefits insuch situations and which include provisions for (a) applying the base periodof a single state law to a claim involving the combining of an individual'swages and employment covered under two or more state unemployment compensationlaws and (b) avoidingthe duplicate use of wages and employment by reason of such combining. However, no benefits paid pursuant toan agreement to combine wages entered into under this subsection shall becharged against any employer's experience account if the employer's experienceaccount, under the same or similar circumstances, would not be charged underthe Employment Security Law. Benefits received by a claimant pursuant to anagreement entered into under this subsection to which he or she is not entitledshall be credited to an employer's experience account or reimbursement accountin the same manner as claims paid based solely upon the laws of this state. SourceLaws 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.