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Disclaimer
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
| EmploymentLawHandbook.com |
| Your Employment and Labor Law Resource |
| E |
| H |
| L |
| Wage and Hour Laws for Private Sector Employers |
Meals and Break
Nebraska employers are required to provide employees in assembling plants, mechanical
establishments, and workshops a 30-minute lunch period in each shift of at least 8 hours.
Neb. Rev. Stat. §§48-212 to 48-213. For all other businesses, such lunch periods or any
other type of break are given solely at the discretion of the employer regardless of the
length of the work shift. Neb. Dept. of Labor FAQ. However, in accordance with federal law,
if an employer chooses to provide additional breaks, they must be paid if they are of the
type usually lasting less than 20 minutes. Meal or lunch periods (usually 30 minutes or
more) do not need to be paid, so long as the employee is free to do as they wish during the
meal or lunch period.
Nebraska employers are required to provide employees in assembling plants, mechanical
establishments, and workshops a 30-minute lunch period in each shift of at least 8 hours.
Neb. Rev. Stat. §§48-212 to 48-213. For all other businesses, such lunch periods or any
other type of break are given solely at the discretion of the employer regardless of the
length of the work shift. Neb. Dept. of Labor FAQ. However, in accordance with federal law,
if an employer chooses to provide additional breaks, they must be paid if they are of the
type usually lasting less than 20 minutes. Meal or lunch periods (usually 30 minutes or
more) do not need to be paid, so long as the employee is free to do as they wish during the
meal or lunch period.
Vacation
In Nebraska, employers are not required to provide employees with vacation benefits,
either paid or unpaid. Neb. Dept. of Labor FAQ. If an employer chooses to provide such
benefits, it must comply with the terms of its established policy or employment contract.
See Roseland v. Strategic Staff Management, Inc., 272 Neb. 434, 722 N.W.2d 499 (Neb.
Sup. Ct. 2006); Neb. Dept. of Labor FAQ.
In Nebraska, an employer can require employees to meet certain requirements before they
can earn vacation leave. Neb. Dept. of Labor FAQ. However, once employees earn
vacation leave according to an employer's policy or contract, an employer cannot deny
payment for such vacation leave upon separation from employment, regardless of the
reason. See Neb. Rev. Stat. § 48-1229(4); Roseland v. Strategic Staff Management, Inc.,
272 Neb. 434, 722 N.W.2d 499 (Neb. Sup. Ct. 2006); Neb. Dept. of Labor FAQ.
An employer may lawfully cap the number of vacation leave hours an employee can accrue.
Neb. Dept. of Labor FAQ.
An employer cannot implement a ‘use it or lose it’ vacation policy requiring employees to
use their earned vacation leave by a set date or lose it. See Neb. Rev. Stat. § 48-1229(4);
Roseland v. Strategic Staff Management, Inc., 272 Neb. 434, 722 N.W.2d 499 (Neb. Sup. Ct.
2006).
In Nebraska, employers are not required to provide employees with vacation benefits,
either paid or unpaid. Neb. Dept. of Labor FAQ. If an employer chooses to provide such
benefits, it must comply with the terms of its established policy or employment contract.
See Roseland v. Strategic Staff Management, Inc., 272 Neb. 434, 722 N.W.2d 499 (Neb.
Sup. Ct. 2006); Neb. Dept. of Labor FAQ.
In Nebraska, an employer can require employees to meet certain requirements before they
can earn vacation leave. Neb. Dept. of Labor FAQ. However, once employees earn
vacation leave according to an employer's policy or contract, an employer cannot deny
payment for such vacation leave upon separation from employment, regardless of the
reason. See Neb. Rev. Stat. § 48-1229(4); Roseland v. Strategic Staff Management, Inc.,
272 Neb. 434, 722 N.W.2d 499 (Neb. Sup. Ct. 2006); Neb. Dept. of Labor FAQ.
An employer may lawfully cap the number of vacation leave hours an employee can accrue.
Neb. Dept. of Labor FAQ.
An employer cannot implement a ‘use it or lose it’ vacation policy requiring employees to
use their earned vacation leave by a set date or lose it. See Neb. Rev. Stat. § 48-1229(4);
Roseland v. Strategic Staff Management, Inc., 272 Neb. 434, 722 N.W.2d 499 (Neb. Sup. Ct.
2006).
Severance
Nebraska law does not require employers to provide employees with severance pay. If an
employer chooses to provide severance benefits, it must comply with the terms of its
established policy or employment contract.
Nebraska law does not require employers to provide employees with severance pay. If an
employer chooses to provide severance benefits, it must comply with the terms of its
established policy or employment contract.
Holidays
Nebraska law does not require employers to provide employees with either paid or unpaid
holiday leave. In Nebraska, an employer can require an employee to work holidays. An
employer does not have to pay an employee premium pay, such as 1 1/2 times the regular
rate, for working on holidays, unless such time worked qualifies the employee for overtime
under standard overtime laws. If an employer chooses to provide either paid or unpaid
holiday leave, it must comply with the terms of its established policy or employment
contract.
Nebraska law does not require employers to provide employees with either paid or unpaid
holiday leave. In Nebraska, an employer can require an employee to work holidays. An
employer does not have to pay an employee premium pay, such as 1 1/2 times the regular
rate, for working on holidays, unless such time worked qualifies the employee for overtime
under standard overtime laws. If an employer chooses to provide either paid or unpaid
holiday leave, it must comply with the terms of its established policy or employment
contract.
Minimum Wage
Nebraska's current minimum wage is $7.25. Neb. Rev. Stat. 48-1203. Some exceptions
apply to Nebraska's minimum wage requirements.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage.
Nebraska's current minimum wage is $7.25. Neb. Rev. Stat. 48-1203. Some exceptions
apply to Nebraska's minimum wage requirements.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage.
Overtime
Nebraska does not have laws governing the payment of overtime. Federal overtime laws
apply. See FLSA: Overtime for more information regarding overtime requirements.
Nebraska does not have laws governing the payment of overtime. Federal overtime laws
apply. See FLSA: Overtime for more information regarding overtime requirements.
Sick Leave
Nebraska law does not require employers to provide employees with sick leave benefits,
either paid or unpaid. If an employer chooses to provide sick leave benefits, it must comply
with the terms of its established policy or employment contract. An employer does not
need to pay an employee from accrued sick leave upon separation from employment,
unless required by policy or contract. Neb. Dept. of Labor FAQ.
An employer in Nebraska may be required to provide an employee unpaid sick leave in
accordance with the Family and Medical Leave Act or other federal laws.
Nebraska law does not require employers to provide employees with sick leave benefits,
either paid or unpaid. If an employer chooses to provide sick leave benefits, it must comply
with the terms of its established policy or employment contract. An employer does not
need to pay an employee from accrued sick leave upon separation from employment,
unless required by policy or contract. Neb. Dept. of Labor FAQ.
An employer in Nebraska may be required to provide an employee unpaid sick leave in
accordance with the Family and Medical Leave Act or other federal laws.
If you do not find the answer to your question through these summaries or
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
TOPICS COVERED (Scroll down for detailed information):
- Minimum Wage
- Overtime
- Meals and Breaks
- Vacation Leave
- Sick Leave
- Severance Pay
- Holiday Leave
- Jury Duty
RELATED TOPICS:
Jury Duty
An employer must pay an employee for time the employee is excused from shift work while
serving on a jury, except an employer may reduce the pay of an employee by an amount
equal to any compensation, other than expenses, paid the employee by the court for jury
duty.
An employer may not subject an employee to discharge from employment, loss of pay, loss
of sick leave, loss of vacation time, or any other form of penalty, as a result of his or her
absence from employment due to jury duty, so long as the employee has provided
reasonable notice to his or her employer of the jury summons.
Nebraska Stat. 25-1640
An employer must pay an employee for time the employee is excused from shift work while
serving on a jury, except an employer may reduce the pay of an employee by an amount
equal to any compensation, other than expenses, paid the employee by the court for jury
duty.
An employer may not subject an employee to discharge from employment, loss of pay, loss
of sick leave, loss of vacation time, or any other form of penalty, as a result of his or her
absence from employment due to jury duty, so long as the employee has provided
reasonable notice to his or her employer of the jury summons.
Nebraska Stat. 25-1640
