Nebraska Payroll Laws (2023 Guide For Employers)
How much do you know about Nebraska payroll laws?
This guide will put your knowledge to the test and answer the following questions about Nebraska payroll laws:
- What is the Nebraska minimum wage?
- How does sick leave work in Nebraska?
- What are the overtime rules in Nebraska?
- Are you paid during jury duty in Nebraska?
- What are the time off rules in Nebraska?
Without wasting any time, let’s dive straight in.
Disclaimer: Despite our best efforts to provide you with accurate information on this topic at the time of writing, we cannot guarantee the accuracy of the content at the time of reading. This blog post is for informational purposes only and should not be considered legal advice. Consult an attorney for specific guidance on Nebraska payroll laws.
Minimum Wage in Nebraska
The Nebraska minimum wage is $10.50 per hour.
Employers must pay this hourly wage to all non-exempt employees.
The state minimum wage is higher than the federal minimum wage of $7.25 per hour, as outlined in the Fair Labor Standards Act (FLSA).
Nebraska employers must follow the higher of the two wage rates.
Nebraska Overtime Laws & Regulations
In accordance with the FLSA, Nebraska overtime laws require employers to pay non-exempt employees overtime pay of 1.5 times their regular rate for any hours worked beyond 40 hours in a single workweek.
However, employers can require employees to work overtime, as there is no limit on the number of work hours an employee can be scheduled for in a workweek.
Employment Contracts & Wage Statements
Nebraska law requires employers to provide a written employment contract to each employee, outlining the terms and conditions of employment, including the employee’s wages, work hours, and job duties.
Employers must also provide employees with a wage statement each pay period, detailing the employee’s gross wages, deductions, and net pay.
Payday & Final Paycheck Requirements
Under Nebraska wage payment laws, employers must establish regular paydays.
If an employee is terminated, their final paycheck must be issued by the next regular payday or within two weeks, whichever is sooner.
Break Time & Meal Break Regulations
Nebraska law mandates a 30-minute lunch period for employees who work a shift of at least 8 hours.
This meal break must be provided after the first two hours of work and before the last two hours.
Employers are not required to provide additional break time, though many choose to offer short rest periods as a benefit to their employees.
Child Labor Laws & Restrictions
Nebraska child labor laws restrict the employment of minors to protect their safety, education, and well-being.
Minors under the age of 16 may not work more than 48 hours per week or more than 8 hours per day.
They are also prohibited from working in hazardous occupations, such as mechanical establishments or assembly plants.
Exemptions & Special Provisions
Certain employees are exempt from Nebraska’s minimum wage and overtime laws, including agricultural workers, domestic workers, and some salaried professionals.
To determine if an employee qualifies for an exemption, consult the FLSA guidelines and seek legal advice if necessary.
Time Off, Sick Leave, & Vacation Leave Policies
Nebraska does not require employers to provide paid time off, sick leave, or vacation time to their employees.
However, many employers choose to offer these benefits to attract and retain a skilled workforce.
Nebraska is not a “use it or lose it” state, meaning employers cannot require employees to forfeit unused vacation leave.
Family & Medical Leave Act (FMLA) Compliance
The FMLA is a federal law that requires covered employers to provide eligible employees with up to 12 weeks of unpaid leave per year for specific family and medical reasons.
Nebraska employers must adhere to the FMLA guidelines and provide employees with the necessary information and resources to understand their rights and responsibilities under the law.
Jury Duty & Other Legal Obligations
Employers must compensate employees for the time taken to serve jury duty minus the amount paid by the court for the employees to attend jury duty.
Employers are also prohibited from taking any adverse action against an employee for fulfilling their civic duty.
Social Security, Unemployment Insurance, & Workers’ Compensation
Nebraska employers are required to withhold Social Security taxes from employee wages and contribute to the state’s unemployment insurance program.
They must also maintain workers’ compensation insurance coverage, which provides benefits for employees who suffer work-related injuries or illnesses.
Nebraska Employment Laws (Frequently Asked Questions)
How long can an employer not pay you in Nebraska?
Employers in Nebraska must pay employees by the next regular payday or within two weeks of the end of the pay period, whichever is sooner.
Can an employer withhold a paycheck in Nebraska?
An employer can only withhold a paycheck in Nebraska with proper notice and a valid reason, such as the recovery of a wage overpayment or for deductions required by law.
How many hours straight can you legally work in Nebraska?
Nebraska law does not set a limit on the number of hours an employee can work in a single day or workweek, provided the employee is not a minor and is not subject to any other restrictions.
How much notice is required for an employer to withhold a paycheck in Nebraska?
An employer must provide written notice to the employee before withholding a paycheck, detailing the reason for the withholding and the amount to be deducted.
Can an employer require you to work overtime in Nebraska?
Yes, employers in Nebraska can require employees to work overtime, provided they pay the appropriate overtime rate of 1.5 times the employee’s regular rate for hours worked beyond 40 in a single workweek.
Nebraska Payroll Laws (Closing Thoughts)
Understanding Nebraska payroll laws is crucial for both employers and employees in the state.
By staying informed about Nebraska minimum wage rates, overtime rules, meal breaks, rest breaks, paid sick leave, and other labor laws, both parties can ensure compliance.
Disclaimer: Not Legal Advice
This blog post provides a general overview of Nebraska labor laws but does not constitute legal advice.
Laws and regulations are subject to change, and there may be additional requirements or exemptions that apply to specific situations.
Employers and employees should consult a qualified labor law attorney for advice on their specific circumstances.
If you have any questions about your rights or obligations as an employer or employee in Nebraska, it is essential to consult with a labor law attorney to receive accurate information and guidance tailored to your situation.
By seeking professional legal advice, you can ensure that you are taking the appropriate steps to comply with labor laws and protect your rights.
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