48-3004 Job training reimbursements; application; contents; confidentiality; director; duties; written agreement; contents. - Nebraska Statutes

48-3004. Job training reimbursements; application;contents; confidentiality; director; duties; written agreement; contents.(1) To earnthe job training reimbursements set forth in the Teleworker Job Creation Act,an employer shall file an application for an agreement with the director.An application may be filed at any time on or after April 8, 2010.(2) The applicationshall contain:(a) A written statement describing the expected employment of qualifyingemployees in this state;(b) Sufficient documents, plans, and specifications as requiredby the director to support the plan and to define a project; and(c) A copy ofthe letter submitted to the director seeking approval of the employer's qualifiedtraining program.(3) The application and all supporting information shall be confidentialexcept, for each project:(a) The name of the employer;(b) The amount of the job training reimbursement;(c) The numberof persons trained, with such number divided into three categories: The numberwho reside in rural areas; the number who reside in poverty areas; and thenumber who reside in all other parts of Nebraska, based on the rural areasand poverty areas described in section 48-3006; and(d) The amount of total wagesand other payments subject to withholding, as defined in section 77-2753,paid by the employer to all teleworkers who reside in Nebraska, with suchresidence as determined by the statement of the qualifying employee on hisor her employment application, within three hundred sixty-five days priorto the date of application, for the year of the project, and for the followingtwelve months.The employer shall be required to provide this information to thedirector upon written request by the director.(4)(a) The director shallapprove the application and authorize the total amount of job training reimbursementsexpected to be earned as a result of the project if he or she is satisfiedthat (i) the plan in the application defines a project that meets the eligibilityrequirements established within the Teleworker Job Creation Act and (ii) suchrequirements will be reached within three hundred sixty-five calendar daysafter the application filing date. The director shall use the subaccount createdunder subsection (3) of section 81-1201.21 to provide reimbursements allowedby the act for the training of teleworkers.(b) The director shall not approve furtherapplications once the director has approved seven project applications filedbefore the end of fiscal year 2010-11 and the expected job training reimbursementsfrom the approved projects total one million fifty thousand dollars in fiscalyear 2010-11. Applications for an agreement shall for purposes of this limitbe approved in the order in which they are received by the director.(c) An employerand the director may enter into agreements for more than one project, up toa total of five approved project applications filed before the end of fiscalyear 2010-11. The projects may be either sequential or concurrent. No newqualifying employees shall be included in more than one project for meetingthe project requirements or the creation of job training reimbursements. Whenprojects overlap and the plans do not clearly specify, the employer shallspecify to which project the employment belongs. The employer has until itsubmits its request for reimbursement to the director to designate to whichproject a qualifying employee belongs. The employer may not receive job trainingreimbursements for a qualifying employee until the employer designates towhich project that qualifying employee belongs. Such designation shall bemade on such form to be filed with the director as the director shall direct.(5) After approval,the employer and the director shall enter into a written agreement. The employershall agree to complete the project, and the director, on behalf of the Stateof Nebraska, shall designate the approved plans of the employer as a projectand, in consideration of the employer's agreement, agree to allow the employerto receive the job training reimbursements contained in the Teleworker JobCreation Act up to the total amount of job training reimbursements that wereauthorized by the director. The application and all supporting documentation,to the extent approved, shall be considered a part of the agreement. The agreementshall state:(a) The number of qualifying employees required by the act for theproject;(b) The time period under the act in which the required level mustbe met;(c) The documentation the employer will need to supply when requestingthe job training reimbursements under the act;(d) The date the applicationwas filed; and(e) The maximum amount of job training reimbursements authorized. SourceLaws 2010, LB1081, § 4.