(650) 332-8623Nebraska Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2025)
In this article, we’ll dive deep into Nebraska’s labor laws, with details on all the important aspects of the state’s regulations on your employees.
What’s New in 2025?
Nebraska Meals and Breaks
30 MinutesFor Lunch Breaks
Nebraska law doesn’t mandate that employers provide meal breaks to their employees. However, specific statutes apply to employees of assembling plants, workshops, or mechanical establishments.
Nebraska’s breaks laws require employees to take at least 30 minutes of unpaid meal break time during each eight-hour shift. Importantly, during this break, employees must not be required to remain in the building or on their workplace premises.
<20 MinutesFor Rest Breaks
For rest breaks, Nebraska doesn’t have a state-specific regulation requiring employers to provide paid or unpaid rest breaks for adult employees.
If an employer offers rest breaks of 20 minutes or less, they should be compensated, which aligns with federal law. This approach to rest breaks generally ensures employees are not overworked and have time to recuperate during their shifts, even though it’s not a state-mandated requirement.
Nebraska Leave and Paid Time Off (PTO)
The federal FMLA grants qualified employees in Nebraska the right to take up to 12 weeks of annual job-protected leave (unpaid) for certain family and medical purposes, including personal or family illness, childbirth, or care for a new child.
Eligibility requires having been employed with the company for at least 12 months and working at least 1,250 hours over the past year in a workplace with 50 or more employees within a 75-mile radius.
Nebraska doesn’t mandate employers provide paid or unpaid sick leave. If an employer opts to offer sick leave benefits, it must adhere to its established policy or employment contract terms.
Federal laws such as the Family and Medical Leave Act (FMLA) may require unpaid sick leave under certain conditions.
Employers in Nebraska are not required to provide vacation leaves to employees. However, they may choose to implement paid or unpaid vacation leaves according to their established company policies and guidelines.
Nebraska law requires employers to allow employees to take leave for jury duty.
Moreover, employers must compensate employees for this time, although they can subtract any amount they receive for jury service from their wages.
Employees in Nebraska are entitled to up to two paid hours of leave to vote, provided they do not have two consecutive hours of non-work time available while polls are open. Employers are allowed to determine the timing of this leave.
Nebraska doesn’t have specific laws mandating bereavement leave.
Employers may choose to offer bereavement leave, and if they do, they must comply with their own policies or practices.
Nebraska adheres to the Uniformed Services Employment and Reemployment Rights Act (USERRA), providing certain job protections for military service members.
State law also offers specific provisions for family military leave, requiring employers with 15 or more employees to provide unpaid time off for family members of military personnel called to active duty.
Nebraska Wages and Overtime
$13.50 /hourMinimum Wage
By January 1, 2025, the minimum wage in Nebraska is set to increase to $13.50 per hour, and by January 1, 2026, it will reach $15.00 per hour.
Starting January 1, 2027, Nebraska’s minimum wage will be adjusted annually based on cost-of-living increases.
1.5x HourlyOvertime Rate
In Nebraska, overtime regulations follow the guidelines set by the federal Fair Labor Standards Act (FLSA). This means non-exempt employees are entitled to overtime pay at 1.5 times their regular hourly wage for all hours worked beyond 40 in a workweek.
$2.13 /hourTipped Minimum Wage
For individuals compensated by tips, such as waiters, waitresses, bartenders, bellhops, etc., the minimum pay rate is $2.13 per hour plus gratuities. The tips and the employee’s hourly wage must meet or exceed the minimum wage for all hours worked.
VariesPay Frequency
Nebraska law dictates the frequency of wage payments. Employers must establish regular pay periods and adhere to these schedules without unwarranted delays. This structure ensures predictability and financial security for employees, enabling them to manage their finances effectively.
Employees with physical or mental disabilities receiving local, county, state, or federal aid or welfare may be paid a subminimum wage.
Employers can also pay employees under 20 a training wage of $4.25 per hour during their first 90 days of employment.
Meanwhile, student learners who are part of a vocational training program can be paid 75% of the minimum wage.
Some individuals are exempt from minimum wage, including:
- Computer, professional, administrative, and executive employees
- Agricultural workers
- Babysitters
- Volunteers at non-profit, charitable, religious, or education organizations
- Employees of the U.S. or state government or a political subdivision
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NE Prevailing Wages
Nebraska doesn’t have specific state statutes establishing prevailing wage requirements. Thus, the federal Davis-Bacon and Related Acts (DBRA) control prevailing wages for federally funded or assisted construction projects within the state.
Any public works project benefitting from federal funding in Nebraska must adhere to the Davis-Bacon prevailing wage stipulations.
The prevailing wage includes the rate per hour plus any fringe benefits designated for a particular worker category in the relevant wage determination.
Contractors on these projects must pay their laborers and mechanics at least the prevailing wage for their work classification as determined by the Wage and Hour Division (WHD). They must also post wage determinations prominently at work sites.
Employers and contractors can find current prevailing wage rates on SAM.gov. This resource provides up-to-date wage determinations for various geographic areas and types of construction work.
Nebraska Prevailing Wage Resources
NE Child Labor Laws
14 – 15 Years
Laws in Nebraska for children 14 and 15 years
Employment certificates, or work permits, are mandatory for minors under 16 in Nebraska. They must be obtained before employment begins and retained by the employer during employment.
Minors aged 14 and 15 are restricted in the number of hours they can work: no more than eight hours a day and 48 hours a week. They are not allowed to work before 6 a.m. or after 10 p.m. However, special permits can be issued under certain conditions to allow work outside these hours.
The types of jobs that minors are permitted to do in Nebraska are regulated, especially for those under 16, to prevent work in hazardous conditions or roles detrimental to their health and well-being.
Specific rules are also in place for industries like agriculture and entertainment, reflecting a commitment to ensuring safe and suitable work environments for young workers.
16 – 17 Years
Laws in Nebraska for children 16 and 17 years
For 16 and 17-year-olds, there are no specific hour restrictions under state law, aligning with federal guidelines that do not impose hour restrictions for this age group.
Age certification is required upon request for minors 16 and over but is not a mandatory precondition for employment.
Other Essential Nebraska Labor Laws
Health and Safety Standards in Nebraska
The Nebraska Department of Labor provides resources and guidelines to maintain workplace health and safety standards. The National Safety Council of Nebraska also offers a variety of safety training programs and resources on workplace safety education, on-site safety audits, and safety consulting to help businesses prevent workplace injuries and fatalities.
These programs are crucial for creating a safety culture and ensuring employees know the best practices to avoid accidents and injuries.
In Nebraska, employers must…
- Display required workplace posters informing employees of their rights and the safety standards in place.
- Proactively address potential hazards to ensure a safe working environment for everyone.
In Nebraska, employees should…
- Follow all OSHA standards, rules, and regulations.
- Report unsafe or unhealthy working conditions.
The Nebraska Department of Health and Human Services provides health and safety resources for workers. These include information on preventing workplace injuries, responding to emergencies, and promoting overall wellness in the work environment.
Report health and safety violations (unsafe working conditions) in Nebraska to…
Hiring/Firing Employees in Nebraska
In Nebraska, employment is generally considered “at-will,” meaning employers can terminate employees at any time for any reason, except for illegal reasons, and employees can also resign without notice.
As a right-to-work state, Nebraska employees can refrain from self-organizing and joining, forming, or assisting unions and engaging in activities for collective bargaining purposes.
Nebraska follows the federal Fair Credit Reporting Act (FCRA), which regulates employment background checks. Employers must be aware of the specific contexts in which they can run these checks and use the information obtained.
Employers in Nebraska are not prohibited from conducting the following drug tests for work-related purposes as long as the tests follow the guidelines in Section 48-1907 of the state’s Revised Statute:
- Pre-Employment Drug Test
- Random Drug test
- Reasonable Suspicion Drug Test (for employees who show clear signs of inability to do their job)
- Post-Accident Drug Test
Nebraska’s anti-discrimination laws are robust, reflecting the broader federal standards set by bodies such as the EEOC.
Employers must adhere to these laws, ensuring equal employment opportunities for all, regardless of race, color, religion, sex, national origin, age, disability, or genetic information. Nebraska encourages employers to have transparent EEO statements and to implement hiring practices that genuinely reflect these commitments.
Anti-Discrimination Laws in Nebraska
While specific regulations on job postings, interviews, and hiring decisions are standardized to a large extent across the United States, there are particular nuances and laws in Nebraska that employers and job seekers should be aware of.
Interviews and hiring decisions in Nebraska should avoid discrimination, aligning with federal guidelines and state-specific regulations. Employers must be cautious about the questions they ask during interviews to ensure they don’t infringe on candidates’ rights or come across as discriminatory.
Employers in Nebraska may not discriminate against job applicants based on…
- Race
- Color
- Sex
- Gender
- Gender Identity
- Age
- Sexual Orientation
- National Origin
- Religion
- Pregnancy
- Genetic Information
- Family medical history
- Physical or mental disability
- Military or veteran status
- Citizenship/immigration status
- Child or spousal support withholding
- Marital status
- AIDS/HIV
Employee Resignation or Termination in Nebraska
Employers in Nebraska can terminate an employee without notice or cause, aligning with the at-will employment doctrine. However, this doesn’t allow employers to dismiss employees for illegal reasons, such as discrimination or retaliation.
Federal and state laws, like the Nebraska Fair Employment Practice Act, protect against wrongful termination based on race, color, national origin, religion, sex, disability, or marital status.
Businesses with fewer than 15 employees may not be covered under certain state discrimination laws but must comply with federal regulations.
Notice Requirements
Due to Nebraska’s at-will employment framework, there are no general statutory requirements for notice of termination from the employee or employer.
However, contract agreements or company policies may stipulate notice requirements, which should be honored to avoid potential legal disputes.
Severance Pay
Nebraska law doesn’t mandate severance pay unless previously agreed upon in an employment contract or company policy. Employers are advised to adhere to their policies or agreements regarding severance pay to avoid legal issues.
Exceptions to At-Will Employment
Several exceptions to at-will employment exist, including situations where termination violates public policy (e.g., firing an employee for filing a workers’ compensation claim), or when there’s an implied contract formed by company policy or an employee handbook that provides certain protections to employees.
Wrongful Termination
Even though Nebraska is an at-will employment state, employees are protected against wrongful termination under various federal and state laws.
Employers must not terminate employment for discriminatory reasons, in retaliation for an employee’s lawful actions (like whistleblowing or filing a discrimination complaint), or in violation of public policy or contractual obligations.
Unemployment Benefits in Nebraska
Workers in Nebraska are eligible for unemployment benefits if they…
- Are partially or entirely unemployed without it being due to their own actions
- Are actively seeking work unless instructed otherwise
- Have sufficient earnings in the base period to qualify monetarily.
- Are physically and mentally able to work
- Are available for and willing to accept suitable work
- Are registered at NEworks.nebraska.gov and maintain an online, searchable resume
Use this website to start your application for unemployment benefits in Nebraska:
COBRA Benefits in Nebraska
Separated employees in Nebraska may extend employer-provided health care coverage through COBRA, which stipulates…
- Nebraska has adopted its version of the COBRA, allowing employees to keep their coverage for up to six months.
- Employers must notify employees of their COBRA rights by certified mail within 10 days of their last day of work, with a return receipt requested.
Final Paychecks in Nebraska
Separated employees in Nebraska must receive their final paychecks…
Final paycheck laws in Nebraska stipulate that employees must receive their last wages by the next regular payday or within a specified time frame if the employment ends before the next payday.
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NE Recordkeeping Requirements
Under the Fair Labor Standards Act (FLSA) and others, employers must keep employment and payroll records
1 Year
Employers must retain these documents for at least one year:
- All employment or personnel records
2 Years
Employers must retain these documents for at least two years:
- Timecards
- Wage rates / wage rate tables
- Wage additions or deductions
- Shipping and billing records
- Job evaluations
- Collective bargaining agreements
- Seniority and merit systems
3 Years
Employers must retain these documents for at least three years:
- Payroll records
- Employment contracts
- Collective bargaining agreements
- Certificates
- Notices
- Agreements
- Sales and purchase records
- I-9s
Penalties for Labor Law Noncompliance in Nebraska
Up to $5,000Wage Payment Violations
Employers who violate Nebraska’s Wage Payment and Collection Act are liable for penalties of up to $500 for a first violation, and up to $5,000 for subsequent violations.
The names of offending employers in Nebraska are also made available to the public on request.
Up to $1,000Workplace Safety Violations
In Nebraska, failing to comply with labor laws can result in various penalties and fines, depending on the nature of the violation. The state adheres to federal and state regulations to maintain workplace standards.
When an employer violates these laws, they might face legal and financial consequences. Nebraska’s Commissioner of Labor may fine offending companies up to $,1000 for workplace safety violations.
MisdemeanorChild Labor Violations
Employers must adhere to child labor laws that specify hour restrictions and standards for working conditions for minors. They must also secure special permits for minors working under certain conditions.
Failure to comply can lead to penalties and fines in Nebraska, including the possibility of being found guilty of a Class I Misdemeanor.
In Nebraska, labor law violations are investigated and addressed by…
Further Details on Other Nebraska Labor Laws
In Nebraska, there are specific labor laws and regulations that both employers and employees should be aware of to ensure compliance and understand their rights and obligations.
- Labor Unions and Collective Bargaining: Nebraska adheres to the National Labor Relations Act, which governs collective bargaining and labor union activities at the federal level. Employees have the right to join or form a union and engage in collective bargaining concerning wages, hours, and other terms and conditions of employment.
- Workers’ Compensation: Nebraska requires most employers to carry workers’ compensation insurance to provide benefits to employees who suffer work-related injuries or illnesses.
The Bottom Line on Nebraska Labor Laws
Given the many complexities and nuances of labor laws and their essential role in shaping workplace dynamics, it’s paramount for employers and employees in Nebraska to stay informed and diligent in their adherence to these regulations.
For those who are trying to navigate specific legal questions or concerns or who are trying to deepen their understanding of Nebraska’s labor laws, we strongly recommend consulting with legal experts or checking out the aforementioned resources provided by the Nebraska Department of Labor.
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Workyard helps you stay compliant with labor laws. Find out about specific state labor laws that apply to employees hours and payroll records:
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In Nebraska, the minimum wage will be $13.50 per hour starting on January 1, 2025. This rate will remain in effect until December 31, 2025. Following this period, the minimum wage is scheduled to increase to $15.00 per hour on January 1, 2026.
Yes, Nebraska is an at-will employment state. This means that both employers and employees can terminate employment at any time and for any reason, as long as it does not violate any laws. However, there are exceptions to this rule:
Public Policy Exceptions: Terminations cannot occur if they violate public policy, such as firing an employee for filing a workers’ compensation claim or for reporting illegal activities.
Discrimination Laws: Employers are prohibited from terminating employees based on protected characteristics like race, gender, age, and disability.
Employment Contracts: If an employee has a contract that specifies termination conditions, the employer must follow those terms.
In Nebraska, employers are not generally required to provide breaks to employees. However, there are specific regulations regarding meal breaks:
Meal Breaks: Nebraska law mandates that employees who work more than five consecutive hours must receive a meal break of at least 30 minutes. This break must be taken without any work duties, meaning the employee should be relieved of all responsibilities during this time. For shifts longer than eight hours, a meal break is also required.
Rest Breaks: There is no legal requirement for employers to provide rest breaks (short breaks) in Nebraska. If an employer chooses to allow rest breaks, they must be at least 10 minutes long and should be paid if the employee is required to remain on duty during that time.
Overall, while Nebraska law provides for meal breaks in certain circumstances, it does not mandate rest breaks for employees in most industries.
Yes, Nebraska is a right-to-work state. This means that employees have the right to choose whether or not to join or support a union without facing discrimination or coercion from employers.
Specifically, employers cannot deny employment based on an individual’s union membership status or their decision to refrain from joining a union. Additionally, contracts that require union membership as a condition of employment are not permitted in Nebraska.
