General FAQs


Frequently Asked Questions

Nebraska’s minimum wage is $8 per hour effective January 1, 2015. The minimum wage will increase to $9 per hour effective January 1, 2016.

For persons compensated by tips, such as waitresses, waiters and bus persons, the minimum hourly rate of pay is $2.13 per hour. The sum of the $2.13 per hour plus all tips given to the individual must equal or exceed the required minimum wage for all hours worked.

Nebraska law requires that all final wages be paid on the next regular payday or within two weeks of the termination date, whichever is sooner. This law applies whether you were terminated or voluntarily resigned.

Final wages may not be withheld pending return of employer’s property.

Employers in assembly plants, mechanical establishments and workshops are required to allow a 30 minute lunch period in each shift of at least 8 hours. For all other businesses, such lunch periods are not required and are given solely at the discretion of the employer regardless of the length of the work shift.

Although many employers provide such breaks as a matter of company policy, there are no state or federal laws requiring any employer to allow any rest/coffee break.

Minors must be at least 14 years of age to be employed in the State of Nebraska. There are a few exceptions, including minors working for their parent’s business and minors working in agriculture. Minors under 16 years of age must obtain an Employment Certificate from the school district in which they reside. Home schooled children may obtain an Employment Certificate by providing proof of age and grade level to their City Superintendent of School’s Office or to the Nebraska Department of Labor. The minor must be present in order for a certificate to be issued.

Under Nebraska law, minors 14-15 years of age are not permitted to work more than 8 hours a day or 48 hours per week, and not before 6 a.m. or after 10 p.m. Federal Child Labor rules are stricter. They can be viewed online at www.dol.gov. When both laws apply, the more stringent standard must be observed.

Employee misclassification is the practice in which a business misclassifies its workers as independent contractors (or subcontractors) rather than employees to avoid legal obligations such as social security taxes, worker’s compensation, unemployment insurance, overtime, etc.

Nebraska is an “Employment at Will” state. That means that the employer and the employee have equal rights to terminate employment at any time for any reason as long as no other law is being violated (i.e. Workers’ Compensation, FMLA, EEOC, etc.) If it is evident that an employee was terminated because of age, race, sex, religion, etc. the employee should contact the Nebraska Equal Opportunity Commission at 402-471-2024 or 1-800-642-6112 for assistance.

A contractor is any person who engages in the business of construction and includes any person arranging for the performance of work on real property.

Construction means new work, additions, alterations, reconstruction, installations, painting and repairs on real property that may be performed at one or more different sites.

If you have questions please call 402-471-2239.

Independent contractors typically own and operate their own businesses. They have the responsibility of bidding on projects and have the possibility of incurring a loss on a project. Independent contractors typically do not rely on one business for all work, but instead work for various companies throughout the year. Employees, on the other hand, generally have a set schedule, are paid by the hour, contribute no investment into a business, and receive most of their work from one company or individual.

Nebraska employers may pay employees under the age of 20 a Training Wage of no less than 75 percent of the current minimum wage for the first 90 calendar days of employment. After 90 days, the employees’ pay must be increased to the required minimum wage.

Yes. All earned/useable vacation and PTO benefits must be paid with an employee’s final wages upon termination of employment. There is no exception to this requirement.

A professional employer organization (PEO) is a firm that provides a service under which an employer can outsource employee management tasks such as
  • employee benefits
  • payroll and workers' compensation
  • recruiting
  • risk/safety management
  • and training and development

 

It does this by hiring a client company's employees, thus becoming their employer of record for tax purposes and insurance purposes. This practice is also known as co-employment.

Employers must give employees a minimum of 30 days written notice to alter the regular payday.

Yes. he employer shall deliver or make available to each employee, by mail or electronically, or shall provide at the employee's normal place of employment during employment hours for all shifts a wage statement showing:
  • The identity of the employer and pay period ending date
  • The hours for which the employee was paid
  • The gross wages earned by the employee
  • All deductions made from each check

 

It is acceptable for an employer to provide each employee access to view an electronic statement of the employee’s earnings, so long as the employee has free and unrestricted access to a printer to print the statement if the employee chooses.

Employers may only deduct for such items from an employee’s paycheck if they have written authorization from the employee and such deduction does not reduce the employee’s wages below the required minimum wage.

A doctor’s note does not give employees any legal entitlement to be absent from work or from performing their assigned work. Employers are not obligated to honor a doctor’s note that is not submitted in connection with a formal Family & Medical Leave request, documented disability or Workers’ Compensation claim. In general, employers are not legally required to allow employee absence from work under most circumstances.

Your employer may reduce your hourly wage at any time as long as you are advised of the reduction before any hours are worked at the reduced rate.

Federal Law requires employers to provide reasonable break time for an employee to express breast milk for her nursing child for one year after the child’s birth each time the employee has need to express the milk. Employers are also required to provide a place, other than a bathroom, that is shielded from view and free from intrusion from co-workers and the public, which may be used by an employee to express breast milk.

Once a minor turns 16 years of age there is no longer any restriction on working hours. Minors age 16 and older may work whatever hours they agree upon with the employer whether or not they are working during the school year or over the summer.

The determination of whether an individual is an independent contractor or an employee is not based solely on a label an employer gives that individual, even if in contract form. The determination of independent contractor or employee is based on the facts surrounding the working relationship between the parties involved.

Employers may not deduct money from an employee’s paycheck for any such reasons without the employee’s specific written authorization for such deduction. Under any circumstances, such a deduction may not reduce an employee’s wages below the required minimum wage rate.

Yes. Scheduling of working hours is always up to the employer. A work schedule may be changed at any time without notice and without the employee’s agreement.

Nebraska law does not include a provision for the payment of overtime. Overtime wages can be claimed under the Nebraska Wage Payment and Collection Act only if those overtime wages were previously agreed to by the employer and the employee. Nonetheless, even in the absence of a previous agreement concerning overtime compensation, compensation for overtime can be claimed under the federal Fair Labor Standards Act for hours worked in excess of 40 during a given week. For questions regarding federal overtime requirements contact the U.S. Dept. of Labor, Division of Wage and Hour in Omaha at 402-221-4682.

Yes. Employees must receive their regular wage less the $35 per day the Court pays for the duration of the jury duty. There is no limit to the length of jury service or the number of times an individual may be called to jury duty.