Worker Rights and Wages

Can my employer fire me for no reason?

Yes. Nebraska is an “employment at will” state, giving equal rights to the employer and the employee regarding termination of employment at any time for any reason.

If an individual was fired during FMLA or Workers’ Compensation, the employee may contact the U.S. Department of Labor https://www.dol.gov/

If an individual was fired for age, race, sex, religion, etc., the employee may contact the Equal Opportunity Commission https://neoc.nebraska.gov/

If I get fired, how long does my employer have to pay me my final paycheck?

Nebraska law requires that all final wages be paid on the next regular payday or within two weeks of the separation date, whichever is sooner. This law applies whether the employee was terminated or voluntarily resigned. Final wages may not be withheld pending the return of the employer’s property.

What is the minimum wage in Nebraska?

Effective January 1, 2025 the minimum wage is $13.50 per hour.

For persons compensated by tips, such as waitresses, waiters and bus persons, the minimum hourly pay rate is $2.13 per hour. The sum of the $2.13 per hour plus all tips given to the individual must equal or exceed the required minimum wage for all hours worked.

To view/print the required State posters, click here

Is it legal for my employer to reduce my pay?

The employer may lower the hourly wage rate at any time, so long as the employee is told they are doing it before any hours are worked at the reduced rate of pay. The pay rate must remain at or above the current minimum wage requirement.

Can an employer deduct for broken or unreturned items?

Employers may only deduct such items from a paycheck if they have written authorization from the employee, and such deduction does not reduce the employee’s wages below minimum wage.

When is overtime pay required? Can an employer make overtime mandatory?

Overtime wages can be claimed under the Nebraska Wage Payment and Collection Act only if the employer and the employee previously agreed to those overtime wages. For questions regarding federal overtime requirements, contact the U.S. Department of Labor at https://www.dol.gov/

An employer can make overtime hours mandatory. Assigning work duties and hours of work is at the employer's discretion.

When does my employer have to pay vacation?

Fringe benefits such as vacation pay, sick pay, paid holidays, and pay raises are not required by law to be offered by an employer. Should an employer choose to offer vacation/PTO, any earned but unused vacation at the time of separation is to be paid as wages to the employee on their final paycheck. 

Unless previously agreed to, no other fringe benefits are payable upon separation. 

Can my employer change my payday without giving me notice?

Employers must give employees a minimum of 30 days written notice to change the regular payday.

Is a paystub / pay statement required to be provided by the employer?

Yes. The employer must supply a paystub by mail, electronically or at the place of business to be picked up during normal business hours.

Paystubs shall include the following: 

• The business name and address
• The timeframe of work (pay period) of payment
• The hours for which the employee was paid
• The gross wages earned by the employee
• All deductions made from wages

Can employers change work schedules without notice?

Yes. Scheduling working hours, including mandatory overtime, is always up to the employer. A work schedule may be changed at any time without notice and the employee’s agreement.

Does an employee have to be paid while on jury duty?

Yes. Employees must receive their regular wage less the $35 per day the Court pays for the duration of the jury duty. There is no limit to the length of jury service or the number of times an individual may be called to jury duty.

Breaks

Are employees entitled to a lunch hour and two 15-minute breaks during each shift?

Employers in assembly plants, mechanical establishments and workshops must allow a 30-minute lunch period in each shift of at least 8 hours. For all other businesses, such lunch periods are not required and are given solely at the employer's discretion, regardless of the length of the work shift. Although many employers provide such breaks as a matter of company policy, no state or federal laws require any employer to allow any rest/coffee break.

When are nursing mothers entitled to pump breaks?

Federal law requires employers to provide reasonable break time for an employee to express breast milk for her nursing child for one year after the child’s birth each time the employee has the need to express the milk. Employers are also required to provide a place, other than a bathroom, that is shielded from view and free from intrusion from co-workers and the public, which may be used by an employee to express breast milk. More information from the U.S. Department of Labor can be found online at https://www.dol.gov/agencies/whd/pump-at-work

Employment of Minors

At what age can minors work in Nebraska?

Minors must be at least 14 years of age to be employed in Nebraska. A few exceptions include minors working for their parent’s business and minors working in agriculture. https://dol.nebraska.gov/LaborStandards/Compliance/EmploymentOfMinors

Minors aged 14 and 15 must obtain an Employment Certificate https://dol.nebraska.gov/webdocs/getfile/b37edf1b-ee74-45ee-a3e0-5079c461b2e3 from the school district in which they reside. Home-schooled children may obtain an Employment Certificate by providing proof of age and grade level to their City Superintendent of School’s Office or the Nebraska Department of Labor. The minor must be present for a certificate to be issued.

What hours are minors allowed to work?

Under Nebraska law, minors 14-15 years of age are not permitted to work more than 8 hours a day or 48 hours per week and not before 6 a.m. or after 10 p.m. 

Federal Child Labor laws are stricter than state law, and when both state and federal laws apply, the more stringent standard must be followed. More information can be found online at www.dol.gov.

Once a minor turns 16 years of age, there is no longer any restriction on working hours.

Contractor Registration and Employee Classification

When are contractors required to register with the Nebraska Department of Labor?

Any person or business, including subcontractors and general contractors that arranges or does work on properties they do not own in Nebraska must register with the Nebraska Department of Labor. Any contractor doing business under more than one name must obtain a separate registration number for each business name. https://dol.nebraska.gov/conreg/

What is employee misclassification (employee vs independent contractor)?

Employee misclassification occurs when a business wrongly labels its workers as independent contractors instead of employees. This is done to avoid paying social security taxes, worker's compensation, unemployment insurance, and overtime pay. The determination of an independent contractor or employee is based on the facts surrounding the working relationship between the parties involved. 

Click here to find out more on the Employee Classification Act.

Am I an employee or an independent contractor?

Independent contractors own and operate their own business. They have the responsibility of bidding on projects and have the possibility of incurring a loss on a project. Independent contractors typically do not rely on one business for all work but instead work for various companies throughout the year. Employees generally have a set schedule, are paid by the hour, contribute no investment into a business, and receive most of their work from one company or individual.

When I started working for my employer, they had me sign an agreement stating I was an independent contractor and not an employee. Does this mean I am an independent contractor?

The determination of whether an individual is an independent contractor or an employee is not based solely on a label an employer gives that individual, even if in contract form. The determination of independent contractor or employee is based on the facts surrounding the working relationship between the parties involved.

Professional Employer Organization (PEO)

What is a Professional Employer Organization?

A professional employer organization (PEO) is a firm that provides a service under which an employer can outsource employee management tasks, such as:

• employee benefits
• payroll and workers' compensation
• recruiting
• risk/safety management
• and training and development

It does this by hiring a client company's employees, thus becoming their employer of record for tax purposes and insurance purposes. This practice is also known as co-employment.

Downloadable version here: Frequently Asked Questions