230 Neb. Admin. Code, ch. 6, § 006
An employee shall not be discharged or discriminated against by his or her employer because he or she makes any oral or written complaint to the safety committee or any governmental agency having regulatory responsibility for occupational safety and health. Any employee so discharged or discriminated against shall be reinstated and shall receive reimbursement for lost wages and work benefits caused by the employer's action. An employee must file a complaint within fifteen days of the alleged occurrence. Upon the receipt of the complaint, the Department shall investigate and make a recommendation to the Commissioner. The Commissioner shall issue a final determination. Further appeal shall be pursuant to 230 NAC 3 and the Administrative Procedure Act.
If the employer is not found in violation, a separate letter shall be sent notifying the employer of the dismissal. This letter shall simply state that the complaint has been dismissed, subject to appeal by the complainant. If the complaint has no merit, the complainant shall be notified by letter that the complaint has been dismissed and/or the case approved for administrative closing.
After the investigation has been completed, the Labor Law Investigator shall submit a "Final Investigation Report", setting forth the facts of the case, the recommendations and the reasons therefore. If the employer is found in violation, the Final Investigative Report shall include a section dealing with backpay and the Department's fees for time and expenses involved in the investigation.
The commissioner shall forward the employer a final determination letter, stating the facts of the case and the employer's obligation to reinstate the employee in their former position with full back pay and benefits as the employee would have had, prior to the employer's action. Fees for the investigation borne by the employer shall be included in the commissioner's determination letter. Payment must be made to the Department within fifteen working days of receipt of determination letter to close the case file.
230 Neb. Admin. Code, ch. 6, § 006