48-1002. Terms, defined.

363 words·~2 min read·/ne/chapter-48/48-1002

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

For purposes of the Age Discrimination in Employment Act:

(1)Person includes one or more individuals, partnerships, limited liability companies, associations, labor organizations, corporations, business trusts, legal representatives, or any organized group of persons;

(2)Employer means any person having in his or her employ twenty or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year and includes the State of Nebraska, governmental agencies, and political subdivisions, regardless of the number of employees, any person acting for or in the interest of an employer, directly or indirectly, and any party whose business is financed in whole or in part under the Nebraska Investment Finance Authority Act, but such term does not include

(a)the United States,

(b)a corporation wholly owned by the government of the United States, or

(c)an Indian tribe;

(3)Labor organization means any organization of employees which exists for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms, or conditions of employment, or for other mutual aid or protection in connection with employment;

(4)Employee means an individual employed by any employer; and

(5)Employment agency means any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer and includes an agent of such a person, but does not include an agency of the United States, except that such term does include the United States Employment Service and the system of state and local employment services receiving federal assistance.

For the purpose of defining an employer under Nebraska's age discrimination act, two distinct entities may be considered a single employer if the two businesses have

(1)interrelated operations,

(2)centralized control of labor relations,

(3)common management, and

(4)common ownership or financial control. Billingsley v. BFM Liquor Mgmt., 264 Neb. 56, 645 N.W.2d 791 (2002).

Persons seeking relief under alleged violation of rights set out in section 48-1001 must be persons within the definitions set out in this section. Steier v. Crosier Fathers of Hastings, 242 Neb. 16, 492 N.W.2d 870 (1992).