Unicameral Update - Another Week, Another Filibuster

Last week marked the last week of hearings and half-day floor debate. It also ended a multi-day filibuster against LB415, which makes changes to the Nebraska Healthy Families and Workplaces Act (paid sick leave initiative) passed by voters in November. As I reported in earlier updates, LB415 was the result of a number of groups working together to address ambiguities that remained for employers as a result of the new law. The original goal of the group working on LB415 was to limit any changes to issues that were either not addressed or overly ambiguous. Proponents of the proposal were not opposed to those changes and there was a good chance the bill could have advanced without much opposition. Then came the amendment…

The Business and Labor Committee introduced AM545 that made several significant changes to the bill. After several days and eight hours of heated debate, Senator Ballard, the primary introducer, moved to invoke cloture and 34 senators (one more than needed) voted to cease debate. Following the cloture procedural vote, AM545 was adopted and the bill was advanced from General File. While these changes could undoubtedly benefit employers, it must be acknowledged that they go far beyond addressing ambiguities. The following is a summary of the current version of LB415.  

• Employer is defined as one with more than 11 employees (initiative included all employers with more than one employee).
• Employees are defined as those with an employment relationship.
  Exemptions added by the amendment include:
      - An individual owner-operator
      - An independent contractor
      - An individual who is employed in agricultural employment of a seasonal or other temporary nature
      - An individual under sixteen years of age
• Paid sick time shall start to be accrued after 80 hours of consecutive employment, at which point employees shall then accrue a minimum of one hour of paid sick time for every 30 hours worked.
• For employees paid on a commission, piece-rate, mileage, or fee-for-service basis, paid sick time is determined by the employer using an average weekly rate calculation described in the bill.
• Provides that paid sick time provided to an employee on or after January 1, 2025, and before October 1, 2025, shall be counted toward an employer's obligations under the Nebraska Healthy Families and Workplaces Act for calendar year 2025.
• Employers are not obligated to allow an employee to accrue or carryover benefits beyond the employer's existing paid leave policy.
• Employers are not obligated to pay unused paid sick time upon the employee's separation from employment (also included in original LB415).
• Removed the mandatory acceptance of oral requests for time off.
• Eliminated the ability for employees to institute suit for legal and equitable relief for violations of the Act.
• Expands the establishment of a procedure to set off against an obligor's casino winnings, parimutuel winnings, sports wagering winnings, or cash device winnings any debt that is assigned to the Department of Labor for receipt of any sum as benefits under section 48-663.01 to which the obligor was not entitled under the Employment Security Law. (Initiative included income tax debt.)

There are already a number of motions and amendments filed to the bill for when it comes up for Select File debate. I do not think the substantive changes made on General File are at risk, but it will undoubtedly be another four hours of fiery debate. And, I have to admit that I have some heartburn about introducing a bill with clear intentions not to undo what voters just overwhelmingly adopted and then doing the opposite. In the long run, this isn’t historically the best way to garner respect and trust (two things my profession needs to succeed). But times have changed, so we shall see.

Tomorrow we begin all-day debate and at least two more filibusters. The first about allowing for what is likely an unconstitutional system of distribution of liquor, and the second about banning lab grown meat. Yes, you read that correctly - 38 (or fewer) Legislative Days to go!

Have a great week!

Korby M. Gilbertson
Radcliffe Gilbertson & Brady