48-612.01 Employer information; disclosure authorized; costs; prohibited redisclosure; penalty. - Nebraska Statutes

48-612.01. Employer information; disclosureauthorized; costs; prohibited redisclosure; penalty.(1)Information obtained pursuant to subsection (1) of section 48-612 may be disclosedunder the following circumstances:(a) Any claimant or employer or representative of aclaimant or employer, as a party before an appeal tribunal or court regardingan unemployment claim or tax appeal, shall be supplied with information obtainedin the administration of the Employment Security Law, to the extent necessaryfor the proper presentation of the claimor appeal;(b) The names, addresses, and identificationnumbers of employers may bedisclosed to the Nebraska Workers' Compensation Court which may use such information forpurposes of enforcement of the Nebraska Workers' Compensation Act;(c) Appeal tribunal decisionsrendered pursuant to the EmploymentSecurity Law and designated as precedential decisions by the commissioneron the coverage of employers, employment, wages, and benefit eligibility may be published in printed or electronic format ifall social security numbers have been removed and such disclosure is otherwiseconsistent with federal and state law;(d) To a public official for use in the performance of his or her officialduties. For purposes of this subdivision, performance of official duties meansthe administration or enforcement of law or the execution of the officialresponsibilities of a federal, state, or local elected official. Administrationof law includes research related to the law administered by the public official.Execution of official responsibilities does not include solicitation of contributionsor expenditures to or on behalf of a candidate for public office or to a politicalparty;(e) To an agent or contractor of a public official to whom disclosureis permissible under subdivision (d) of this subsection;(f) For use in reports and publications containinginformation collected exclusively for statistical purposes undera cooperative agreement with the federal Bureau of Labor Statistics. Thissubdivision does not restrict or impose any condition on the transfer of anyother information to the federal Bureau of Labor Statistics under an agreementor the federal Bureau of Labor Statistics' disclosure or use of such information;and(g) In response to a court order.(2) Information about an individual or employer obtained pursuant tosubsection (1) of section 48-612 may be disclosed to:(a) One who acts as an agent for the individual or employer when theagent presents a written release from the individual or employer, where practicable,or other evidence of authority to act on behalf of the individual or employer;(b) An elected official who is performing constituent services if theofficial presents reasonable evidence that the individual or employer hasauthorized such disclosure;(c) An attorney who presents written evidence that he or she is representingthe individual or employer in a matter arising under the Employment SecurityLaw; or(d) A third party or its agent carrying out the administration or evaluationof a public program, if that third party or agent obtains a written releasefrom the individual or employer to whom the information pertains. To constituteinformed consent, the release shall be signed and shall include a statement:(i) Specifically identifying the information that is to be disclosed;(ii) That state government files will be accessed to obtain that information;(iii) Identifying the specific purpose or purposes for which the informationis sought and that information obtained under the release will only be usedfor that purpose or purposes; and(iv) Identifying and describing all the parties who may receive theinformation disclosed.(3) Information obtained pursuant to subsection (1) of section 48-612may be disclosed under the following circumstances:(a) Toan individual or employer if the information requested pertains only to theindividual or employer making the request;(b) To a local, state, or federal governmental official, other thana clerk of court, attorney, or notary public acting on behalf of a litigant,with authority to obtain such information by subpoena under state or federallaw; and(c) To a federal official forpurposes of unemployment compensation program oversight and audits, includingdisclosures under 20 C.F.R. part 601 and 29 C.F.R. parts 96 and 97 as theyexisted on January 1, 2007.(4) If the purpose for which information is provided under subsection(1), (2), or (3) of this section is not related to the administration of theEmployment Security Law or the unemployment insurance compensation programof another jurisdiction, the commissioner shall recover the costs of providingsuch information from the requesting individual or entity prior to providingthe information to such individual or entity unless the costs are nominalor the entity is a governmental agency which the commissioner has determinedprovides reciprocal services.(5) Any person who receives information under subsection (1) or (2)of this section and rediscloses such information for any purpose other thanthe purpose for which it was originally obtained shall be guilty of a ClassIII misdemeanor. SourceLaws 2007, LB265, § 7; Laws 2009, LB631, § 1. Cross ReferencesNebraska Workers' Compensation Act, see section 48-1,110.