Nebraska Labor Laws

In the US, the federal Fair Labor Standards Act (FLSA) manages time spent by employees in the workplace, safeguarding their rights and guaranteeing fair pay for their efforts. These laws act as directives for employers, keeping them in check and minimizing any forms of abuse or exploitation.

Employers in Nebraska must comply with both federal and state labor laws, Where these laws conflict, the policy that offers greater protection to workers applies. Nebraska labor laws generally provide stronger minimum wage and overtime provisions to workers.

Employees who believe their employer has violated their wage rights can file a complaint with the Nebraska Department of Labor for investigation and legal action. 

Employees in Nebraska cannot discriminate against job applicants during the hiring process based on protected characteristics outlined in the Nebraska Fair Employment Practices Act (FEPA). Protected characteristics include: 

FEPA also prohibits discrimination in employee compensation and benefits. The Act applies to private and non-profit employers with at least 15 workers,  state and local government employers, labor organizations, and employment agencies. 

Nebraska labor law allows eligible veterans, service members, and their spouses to be given hiring preference in private and public sector jobs. Furthermore, under Nebraska’s Age in Discrimination Employment Act, employers cannot deny employment to an applicant or employment benefits to a working employee due to age. This law applies to private and non-profit employers with 20 or more workers as well as state and local government employers, labor organizations, and employment agencies. 

Nebraska is a right-to-work” state, which means employees cannot be required to join, leave, or pay dues to a labor union as a condition of employment or be terminated due to affiliation with certain labor organizations.

Nebraska also employ the “at-will” employment doctrine, which allows either the employer or the employee to terminate the employment for any reason, at any time. However, termination due to discrimination based on the protected characteristics of FEPA  or age is not permissible. Similarly, employers cannot terminate an employee at-will in violation of public policy.

Final paycheck laws in Nebraska entitle private employees to receive their final wages on their next regularly scheduled payday or within two weeks from their last day at work, whichever comes first. The law applies regardless of whether the employee is terminated or resigns.

Some additional regulations that affect employment relations in Nebraska include:

• Health Insurance Continuation Laws: Workers and their dependents in Nebraska can continue their group health insurance benefits for up to 36 months under the federal Consolidated Omnibus Budget Reconciliation Act (COBRA). COBRA applies to employers with 20 or more employees and employees can be required to pay 102% of the plan’s cost. For smaller employers with two to nineteen employees, Nebraska’s Mini–COBRA provides similar health insurance continuation benefits as the federal COBRA. To be eligible for COBRA or Mini-COBRA, employees must have undergone a qualifying life event like job termination, reduction in work hours, divorce, or death. 
• Workplace Safety Laws: The federal Occupational Health and Safety Administration (OSHA) oversees the well-being of workers in Nebraska. It is responsible for investigating any claims of hazardous work environments and performing safety checks at workplaces.
• Whistleblower Protection Laws: Nebraska’s Whistleblower Act protects state employees who speak out against any misbehavior or inefficiencies they witness within government agencies from supervisor retaliation. The act covers cases like violations of federal or state laws, misuse or wastage of funds, and situations that could put the safety or health of the public in danger. 
• Social Media Use Laws: Nebraska’s Workplace Privacy Act states that employers cannot ask employees or job applicants for login information to their personal online accounts. Additionally, they cannot force them to log in while the employer is present or add new contacts to their account. If an employee refuses to comply with any of these requests, they cannot be punished or terminated by their employer.

As of January 1, 2025, Nebraska’s minimum wage has been increased to $13.50 per hour.  State minimum wage laws in Nebraska only apply to employers with 4 or more employees. Employers with fewer than 4 employees are subject to federal regulations.

Employers in Nebraska can pay tipped employees a reduced cash wage of $2.13 per hour, retaining a tip credit of $11.37. If a tipped worker’s hourly cash wage and earned tips do not meet the state minimum wage, which is $13.50 per hour, the employer is required to make up the difference. 

Note that Nebraska employment law does not clearly define the tip earnings threshold for a worker to qualify as a tipped employee. It also does not require an employer to notify employees that they will be paid wages as tipped workers. 

However, employers must maintain adequate records of an employee’s tip earnings as proof of their tipped status.

Generally, employers with less than four employees are exempt from state minimum wage law. Instead, federal minimum wage laws apply. 

Nebraska labor law also allows employers to pay students enrolled in vocational programs 75% of the state minimum wage, which is $10.125 per hour. Trainee workers under the age of 20 can be paid 75% of the federal minimum wage ($5.43 per hour) for the first 90 days of employment. 

Other occupations exempt from state minimum wage include:

• Agriculture workers
• Private home babysitters
• Bonafide executive, administrative, or professional employees
• Government employees
• Volunteers for educational, religious, charitable, or non-profit establishments
• Veterans in training
• Apprentices and learners
• Children employed by their parents and vice versa
• Physically or mentally disabled individuals

Employers in Nebraska must pay their workers their wages on regularly scheduled paydays, established through mutual agreement between employer and employee. Employers must notify the employee of any schedule changes 30 days before the adjustment.

Similar to federal regulations, overtime laws in Nebraska entitle employees to earn additional wages if they work more than 40 hours in a workweek. This extra pay is calculated at 1.5 times the employee’s regular hourly wage. For minimum wage workers, overtime pay currently stands at $20.25 per hour.  

There are certain occupations that don’t have to follow overtime regulations, like administrative, professional, and executive positions. However, these employees must be paid a salary of at least $684 per week to qualify. In Nebraska, this law matches federal standards, although computer employees and outside salespersons don’t fall under the exemption.

In Nebraska, employers are not obligated by federal or state regulations to provide employees with breaks.

However, if an employer chooses to provide breaks, they must adhere to the general break guidelines of the FLSA. Rest breaks lasting between five to 20 minutes are considered ‌work hours and must be paid at regular rates. On the other hand, meal periods that are at least 30 minutes long are unpaid, provided that the employee is relieved of all job duties for the duration of the break.

There is only one exemption to break laws in Nebraska. Employers in Nebraska who operate assembling plants, workshops, or mechanical establishments with one or more employees are required to provide their workers with a 30-minute meal break under state law. Employees are not mandated to remain on their employer’s premises during their break.

If you’re an employer in Nebraska with more than 15 employees, it’s important to know that under the federal Fair Labor Standards Act (FLSA), you’re required to provide nursing mothers with a reasonable amount of time and suitable facilities to express breast milk. These facilities should be private and clean, not including toilet stalls. Mothers are eligible for breastfeeding breaks for up to one year after giving birth. On top of federal law, Nebraska’s Fair Employment Practice Act also requires employers to make reasonable accommodations for breastfeeding employees. However, this state law doesn’t specify what kind of facilities an employer must offer or how long mothers can use breastfeeding breaks after having a child.

• Family and Medical Leave: Nebraska employees may be eligible for up to 12 weeks of unpaid leave under the federal Family and Medical Leave Act (FMLA). Qualifying life events include giving birth, caring for a newborn, adopting or fostering a child, having an incapacitating health condition, or caring for a family member with a serious health condition. To be eligible, the employee must have worked for the same employer for at least 12 months and completed at least 1,250 hours within that timeframe.
• Sick Leave: State employees in Nebraska can take up to eight hours of paid sick leave per calendar month of service.
• Bereavement Leave: In Nebraska, state employees can take up to five days off for the bereavement of an immediate family member. However, if the deceased was not an immediate family member, the employee’s supervisor can permit one day of bereavement leave.
• Jury Duty Leave: Nebraska workers who are summoned for jury duty are allowed to attend court without fear of retaliation or disruption from their employer. Retaliatory actions include firing or demoting an employee who chooses to serve on a jury.

The following is a list of public holidays that will be observed in Nebraska in 2025:

Learn more with our U.S. public holiday poster.

Under Nebraska law, any individual under the age of 19 is considered a minor.

There are different legal working hours for two groups of minors: those who are under 16, and those who are 16 or 17 years old.

Minors who are under 16 years old are allowed to work between 7 am and 7 pm while school is in session. For days when there is no school, this time is extended to 9 p.m. Additionally, they are permitted to work for a maximum of 3 hours on a school day and no more than 18 hours on a school week. While school is out of session, a minor under 16 years old can work no more than 8 hours ‌a day and 40 hours a week.

If a minor wishes to work before 6 am or after 10 pm (when there is no school the following day), they must first obtain a special work permit. The permit is valid for up to 90 days and can be extended, with both the permit and the renewal costing $10.

For minors aged 16-17 years old, there are no restrictions on work hours outlined in labor laws.

In Nebraska, regulations protect minors from being employed in occupations that are considered hazardous, in addition to limitations on work hours. These hazardous occupations could pose a risk to their health and well-being:

• Manufacturing or storing explosives
• Operating motor vehicles
• Coal mining
• Operating power-driven machinery
• Logging and sawmilling
• Roofing