Nebraska Labor Law Summary

Are you an employer in Nebraska? Below are some common labor laws for the state of Nebraska that you should apply to your policies.

(1) How frequently must wages be paid?

Employers must pay all wages due on regular paydays that are designated by the employer or agreed upon by the employer and employee. Thirty days’ written notice must be provided to an employee before regular paydays are altered.

(2) What is the minimum wage?

State minimum wage is $9.00 per hour.

(3) How is overtime calculated?

The overtime rate of pay is 1.5 times the employee’s regular rate of pay for hours worked in excess of 40 hours per workweek.

(4) Are there specific rules for show up/reporting time pay?

No.

(5) Are there specific rules about paying commissions?

Yes. Unless the employer and employee have specifically agreed otherwise through a contract effective at the commencement of employment or at least ninety days prior to separation, whichever is later, wages includes commissions on all orders delivered and all orders on file with the employer at the time of separation of employment less any orders returned or canceled at the time suit is filed.

If a discharged employee is paid a commission, the employer must pay wages and compensation on the next regular payday following the employer’s receipt of payment for the goods or services from the customer from which the commission was generated. The employer must provide the employee with a periodic accounting of outstanding commissions until all commissions have been paid or the orders have been returned or canceled by the customer.

Contract terms generally determine whether a commission is earned or forfeited.

(6) Are there specific requirements for meals and breaks? (Note: For any meal or break to be unpaid, the employee must be completely relieved of all duties and perform no work)

Meal Periods

Assembly plants, workshops, and mechanical establishments must provide half an hour, off premises, for a meal break in each 8-hour shift, unless the employee is covered by a valid collective bargaining agreement or other written agreement between employer and employee. For all other businesses, such meal periods or any other type of break are given solely at the discretion of the employer regardless of the length of the work shift.

Break Periods

No.

Other Requirements

No.

(7) Are there restrictions for payroll deductions?

Yes. Employers may only make deductions when (1) permitted or required to do so, for example:

· Social Security

· Medicare

· Taxes

· 401(k) contributions

· Health care plan premiums; and

· Court-ordered garnishments

Or (2) the employee has given written consent.

(8) Required leave

Vacation Leave

Not required.

Sick Leave

Not required.

Sundays/Holidays Leave

Not required.

Other Leave

Voting Leave – Nebraska law allows employees who do not have two (2) consecutive hours when not required to be at work during polling hours are entitled to up to two (2) paid hours leave to vote. Pay cannot be deducted if the employee gives notice in advance of an election day. The employer can set the time for leave to vote.

Jury Duty Leave – 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.

Payout upon Termination

Accrued, but unused Vacation/PTO:

Required.

Sick:

Not required, unless combined into a PTO policy.

Holiday:

Not required.

Other Amounts:

Commissions:

See (5) above.

(9) Can employers pay by direct deposit or payroll cards?

Yes. Nebraska does not dictate the manner of wage payments. Best practice is to obtain written consent for payment via direct deposit or payroll cards.

(10) What information is required on paystubs?

On each regular payday, the employer must deliver or make available to each employee, by mail or electronically, or provide at the employee’s normal place of employment during employment hours for all shifts, a wage statement showing, at a minimum:

· the identity of the employer,

· the hours for which the employee was paid,

· the wages earned by the employee, and

· deductions made for the employee.

However, the employer need not provide information on hours worked for employees who are exempt from overtime under the federal Fair Labor Standards Act.

Record retention requirements?

An employer must make, keep, and maintain, for a period of at least four calendar years, record of:

For each worker:

· Name;

· Social security account number;

· Residence (by State);

· Nature of services, job classification, and place or places in which services are performed and, if there is more than one such place, the worker’s base of operations or, if none, place of direction or control;

· Date on which the worker was hired, rehired, or returned to work after temporary layoff and date separated from work and reasons therefor.

· The wages, wage rate, gross remuneration paid for the worker’s services and period for which paid, showing separately:

-Cash remuneration, including special payments;

-Reasonable cash value of remuneration in any medium other than cash including special payments; and

-Amounts paid him as allowance or reimbursement for traveling or other business expenses.

In General:

· Beginning and ending dates of each pay period;

· Total amount of remuneration and the total amount paid in each calendar quarter; and

· Date in each calendar week on which there was largest number of workers employed and number of such workers.

Best practice is for employers to not dispose of wage and hour records of employees because employees may assert claims for violations that occurred as part of a continuing course of conduct, regardless of the date on which the violation occurred.

(11) Is there a deadline to give a final paycheck to departing employees?

Yes. When an employer discharges or lays off an employee, the employer must pay the employee all wages due, except commission, on the next regular payday or within two (2) weeks, whichever is sooner. When an employee quits, the employer must pay the employee all wages due, except commission, on the next regular payday or within two (2) weeks, whichever is sooner.

Upon separation from employment, an employer must pay an employee commissions on the next regular payday following the employer’s receipt of payment for the goods or services from which the commission was generated. The employer must provide an employee with a periodic accounting of outstanding commissions until all commissions have been paid or the orders have been returned or canceled by the customer.

(12) Are there posters required to be placed in the workplace?

https://dol.nebraska.gov/LaborStandards/Compliance/RequiredPosters

(13) Are there any state-specific rules which apply specifically to staffing agencies?

Companies that operate as employment agencies are required to register with the State Labor Commissioner and obtain a license: https://www.dol.nebraska.gov/

In addition, from a general business perspective, employers must register with the State Department of Revenue: https://revenue.nebraska.gov/businesses/register-your-new-business-online

An employer with employees in Nebraska must generally carry workers’ compensation insurance, which can be obtained on the private market or through the state: https://doi.nebraska.gov/consumer/nebraska-workers-compensation-insurance-plan

The company must also register with the State Department of Labor to comply with state unemployment compensation laws: https://uiconnect.ne.gov/uiconnect/faces/jsp/centerne.jsp

(14) Do employers need to use E-Verify?

The Nebraska E-Verify law, requires public employers and public contractors and sub-contractors to use E-Verify. In addition, E-Verify is required for participants in the following tax incentive programs:

Nebraska Advantage Act
Nebraska Advantage Rural Development Act
Nebraska Advantage Microenterprise Tax Credit Act
Nebraska Advantage Research and Development Act