Unicameral Update: Nebraska Weather & LB415

Last week was one of those times when we ask ourselves why we live in Nebraska. It was 80 degrees on Monday and Wednesday there was a historic blizzard that knocked out power for thousands that live in the eastern part of the state. Yes, I was one of the unlucky ones who got to relocate to a hotel for four nights – the usual joy of living in the country was quickly diminished when our well pump wouldn’t function. Thank goodness for generators to keep freezers going! First World Problems and a sad reminder that we aren’t as self sufficient as we probably should be. 

While my husband was busy checking on our house and pets, I got to spend two of my nights away from home at The Cornhusker hotel with about a third of the Legislature. It did remind me of the good old days when folks would hang out in the evening and have a cocktail or two and chat about all sorts of things. The partisan bickering took a break and we focused on basketball instead of legislation. Now that the snow has melted and most of the electricity has been restored, it is time to focus on what lies ahead this session. 

Tomorrow, senators will take up debate on LB415, which provides some clarification to the voter approved paid sick leave initiative that effects all employers in the state. As a reminder, LB415 was intentionally drafted to not make any material changes to the proposal overwhelmingly adopted by voters. Its purpose is to clarify the ability for employers to continue to use existing PTO benefits that are equal to or more generous than what would be required by the initiative, eliminate ambiguity regarding banking of sick leave and whether it would have to be paid at time of employment separation, and establish standards for non-traditional employees like truckers who are paid by the mile instead of by the hour. 

As expected, the bill is being filibustered by senators that believe no changes should be made to the proposal regardless of the intention or outcome. The Nebraska Chamber of Commerce sent out the following alert this afternoon.  If you would like to reach out to your state senator to voice your support of LB 415, there are links in the Alert that will help you do so. 

LB415 Cleans Up Paid Sick Leave Initiative

Last November, voters approved an initiative petition requiring all employers to provide paid sick leave. The language of the initiative presented many compliance issues for employers. To remedy these compliance difficulties, Lincoln Senator Beau Ballard introduced LB415. First-round debate on this legislation began on Thursday, March 20 and debate is scheduled to continue tomorrow, Tuesday, March 25.

LB415 represents a reasonable compromise to clean-up the recent paid sick leave initiative. It clarifies the initiative to give predictability and certainty to employers and employees alike. For example, LB415 would allow current flexible "paid time off" (PTO) policies to remain in place, rather than being disrupted by the initiative. It also gives clarity to whether the initiative applies to independent contractors, and as amended would ease the burden for small businesses.

WE NEED YOUR HELP SHARING THE NEED TO PASS LB415

We need your help contacting senators to urge their green vote on LB415. Please personally contact your State Senator and request their support as soon as possible. 

Click here for the full action alert with guidelines for crafting your message.

We get to enjoy four-day weeks for the remainder of the session. This is the last week of committee hearings, and full-day debate will begin next Monday. At most, senators have 38 legislative days to get bills moved to final reading. A quick read through the priority bills indicates that there are more than a dozen bills that will be filibustered. If they are filibustered at all three stages of debate, those bills will each take 14 hours of debate. Out of the 106 priority bills, only one has made it to Final Reading; seven bills have made it to the second stage of debate/Select File; 43 have advanced from Committee to General File; and 55 proposals are still in Committee. Not much time to make the sausage…

Stay tuned for days that never seem to end punctuated with bills and amendments flying by almost faster than we can read them. We will be reading and spending our time at the Capitol.

Until next time, enjoy this beautiful spring weather!

Korby M. Gilbertson
Radcliffe Gilbertson & Brady