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NEBRASKA STATUTES AND CODES

48-3003 Terms, defined.

48-3003. Terms, defined.For purposes of theTeleworker Job Creation Act:(1) Applicationfiling date means the date that the employer files an application for an agreementwith the director under the act;(2) Base year means the three hundred sixty-fivedays immediately preceding the application filing date;(3) Base-yearemployee means any individual who was employed in Nebraska and subject tothe Nebraska income tax on compensation received from the employer or itspredecessors during the base year and who is employed at the project;(4) Directormeans the Director of Economic Development;(5) Employer means a corporation, partnership,limited liability company, cooperative, limited cooperative association, orjoint venture, together with such other entities that are, or would be ifincorporated, members of the same unitary group as defined in section 77-2734.04,that employs the teleworkers for which the job training reimbursements areapplied for under the act;(6) Qualified training program means a training programwhich has the following features: (a) The program has at least fifteen hoursof instruction per trainee, all of which will occur in the trainee's residence;(b) trainees are each paid at least the federal minimum hourly wage per hourof training performed; (c) trainees are being trained as teleworkers; and(d) the program requires the trainees to pass job-related tests establishedby the employer;(7) Qualifying employee means a teleworker who has the followingcharacteristics: (a) The teleworker constitutes an employee of the employerunder section 77-2753; (b) the teleworker resides in Nebraska at the timeof his or her employment application according to his or her statement onhis or her employment application; (c) the teleworker completes a qualifiedtraining program; (d) the teleworker is not a base-year employee; (e) theteleworker is not required to purchase a computer from the employer; (f) theteleworker has passed such job-related tests required under the qualifiedtraining program; (g) the teleworker has passed a criminal background checkas required by the employer; and (h) the teleworker has been allowed to completethe hiring process paperwork from his or her residence, except for any drugtesting and notarized proof of identity, which can be performed at such locationdirected by the employer; and(8) Teleworker means a person who worksfor the employer from his or her residence through the use of telecommunicationsystems, such as the telephone and the Internet, for inbound-only serviceand order-taking sales calls, which calls may also include the upselling ofrelated products or services. SourceLaws 2010, LB1081, ยง 3.

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