What is the current minimum wage in Nebraska?
Minimum Wage Increased to $10.50 Effective January 1, 2023.
Effective January 1, 2024 minimum wage will increase to $12.00 per hour.
For persons compensated by tips, such as waitresses, waiters and bus persons, the minimum hourly pay rate 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.
To view/print the required State posters, click here
Can an employee be fired for no reason?
Yes. Nebraska is an “employment at will” state, giving equal rights to the employer and the employee regarding termination of employment at any time for any reason.
If an individual was fired during FMLA or Workers’ Compensation, the employee may contact the U.S. Department of Labor https://www.dol.gov/
If an individual was fired for age, race, sex, religion, etc., the employee may contact the Equal Opportunity Commission https://neoc.nebraska.gov/
Is a paystub / pay statement required to be provided by the employer?
Yes. The employer must supply a paystub by mail, electronically or at the place of business to be picked up during normal business hours.
Paystubs shall include the following:
- The business name and address
- The timeframe of work (pay period) of payment
- The hours for which the employee was paid
- The gross wages earned by the employee
- All deductions made from wages
Is it legal for an employer to reduce a pay rate?
The employer may lower the hourly wage rate at any time, so long as the employee is told they are doing so before any hours are worked at the reduced rate of pay. The pay rate must remain at or above the current minimum wage requirement.
Can an employer deduct for broken or unreturned items?
Employers may only deduct such items from a paycheck if they have written authorization from the employee, and such deduction does not reduce the employee’s wages below minimum wage.
When are final wages due to an employee if fired or quit?
Nebraska law requires that all final wages be paid on the next regular payday or within two weeks of the separation date, whichever is sooner. This law applies whether the employee was terminated or voluntarily resigned. Final wages may not be withheld pending the return of the employer’s property.
Is PTO / vacation required to be paid out upon separation?
Yes. All earned unused vacation must be paid with an employee’s final wages upon termination of employment. There is no exception to this requirement.
When can paydays be changed by an employer?
Employers must give employees a minimum of 30 days written notice to change the regular payday.
Can employers change work schedules without notice?
Yes. Scheduling working hours, including mandatory overtime, is always up to the employer. A work schedule may be changed at any time without notice and the employee’s agreement.
When is overtime pay required?
Overtime wages can be claimed under the Nebraska Wage Payment and Collection Act only if the employer and the employee previously agreed to those overtime wages. For questions regarding federal overtime requirements, contact the U.S. Department of Labor at https://www.dol.gov/
Does an employee have to be paid while on jury duty?
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.
Are employees entitled to a lunch hour and two 15-minute breaks during each shift?
Employers in assembly plants, mechanical establishments and workshops must 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 employer's discretion, regardless of the length of the work shift. Although many employers provide such breaks as a matter of company policy, no state or federal laws require any employer to allow any rest/coffee break.
What age can minors work in Nebraska?
Minors must be at least 14 years of age to be employed in Nebraska. A few exceptions include minors working for their parent’s business and minors working in agriculture.
Minors aged 14 and 15 must obtain an Employment Certificate https://dol.nebraska.gov/LaborStandards/WorkerRights/EmploymentOfMinors 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 the Nebraska Department of Labor. The minor must be present 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 laws are more strict than state law, and when both state and federal laws apply, the more stringent standard must be followed. More information can be found online at www.dol.gov.
What is a Professional Employer Organization?
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
- 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.
When are nursing mothers entitled to pump breaks?
Nursing mothers are entitled to pump at any time as needed, and a space other than a bathroom is required to be provided. More information from the U.S. Department of Labor can be found online at https://www.dol.gov/agencies/whd/pump-at-work
When are contractors required to register with the Nebraska Department of Labor?
Any person or business, including subcontractors and general contractors, who engage in or arrange for work on real property other than their own property doing business in Nebraska must register with the Nebraska Department of Labor. Any contractor doing business under more than one name must obtain a separate registration number for each business name. https://dol.nebraska.gov/conreg/
What is employee misclassification (employee vs independent contractor)?
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. The determination of an independent contractor or employee is based on the facts surrounding the working relationship between the parties involved.
Click here to find out more on the Employee Classification Act.