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.

Time management laws in Nebraska do not specify the criteria for an employee to be classified as a full-time worker. However, if an employee works more than 40 hours in a week, they are entitled to earn overtime pay calculated at 1.5 times their regular hourly wage. Other aspects of time management in Nebraska—such as meal breaks, rest periods, and different types of leaves— are not governed by state law and are instead left to the employer’s discretion. 

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 employs 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.
• Drug and Alcohol Testing Laws: Employers can only carry out pre-employment drug testing. However, an employee can only be discharged or terminated for drug or alcohol use in the workplace if their test results meet certain requirements established by Nebraska law.

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. Employees working in assembly plants, workshops, or mechanical establishments with one or more workers are entitled to a 30-minute meal break under state law. These workers are not mandated to remain on work premises during their break.[/sc_fs_faq]

Breastfeeding breaks are not paid. However, if the employee uses a paid rest or meal period to breastfeed or express milk, they must be compensated accordingly. 

Employers in Nebraska must provide nursing employees with a private room that is not a toilet and is protected from public intrusion for breastfeeding breaks. 

• 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.
• Vacation or Sick Leave: State employees in Nebraska can take up to eight hours of paid sick or vacation leave per calendar month of service. State workers who have completed five years of service can take 120 hours of paid sick or vacation leave. Employers must pay the employee for time spent on jury duty. However, any amount paid to the employee by the court must be deducted from the pay given by the employer.
• Military Leave: Employees in Nebraska can take unpaid leave if a family member is deployed for military service lasting 179 days or more in state or national armed forces. To be eligible, the employee must have worked with their employer for at least 12 months and worked 1,250 hours in a one-year period. Employees working in establishments with 15 to 50 workers can request 15 days of leave, whereas those working for employers with more than 50 workers can take up to 30 days of leave. 
• Jury Duty Leave: Nebraska workers summoned for jury duty can take leave 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. State law also requires employers to compensate workers attending jury duty. However, this amount must exclude the expenses provided to the employee by the court. 
• Parental Leave: Although Nebraska leave laws do not mandate paid parental leave, employers can choose to provide this benefit at their discretion. If an employer chooses to provide parental leave to their workers for the birth of a biological child, they must provide the same benefit to adoptive parents as well.

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. However, if a minor marries, they lose their minority status as per state law. The minimum age of employment in Nebraska is 14.

Work Permits for Minors in Nebraska

Minors aged 14 and 15 are required to obtain an employment certificate before beginning to work. Employment in detasseling or a parent-owned business does not require an employment certificate. 

An employment certificate can be obtained from a school issuing officer based in the minor’s local school district. A minor’s employer must retain a copy of the employment certificate in the minor’s records.

Nebraska labor laws allow minors aged 14 and 15 to work only eight hours a day, scheduled between 6 a.m. and 10 p.m. Weekly work hours for these minors cannot exceed 48.

However, minors employed in detasseling can work up to nine hours daily, with a weekly maximum of 48 hours. For minors aged 12 and 13, work hours can be scheduled between 6 a.m. and 8 p.m., whereas minors aged 14 and 15 can be scheduled to work until 10 p.m. 

There are no work-hour restrictions for minors aged 16 and older under state law. 

State law prohibits minors from employment in any occupation that can cause loss of limb, health, morality, or life. 

Additionally, federal law prohibits the employment of minors in occupations that involves: