Nebraska Overtime Laws

Whether you're pulling an all-nighter for the Union Pacific Railroad or working extra hours at the Omaha Apple store, it's important to understand your rights to overtime pay. Nebraska does not have its own state overtime law provisions. Therefore, the state follows the federal overtime law provisions of the Fair Labor Standards Act (FLSA). The FLSA requires employees to be paid at 1.5 times their regular hourly rate for all time worked more than 40 hours in a single week.

Nebraska Overtime Law Overview

Key aspects of Nebraska overtime law are listed in the following table.

State and Federal Statutes

Overtime Calculation Methods:

  • Hourly: Pay time and a half (1.5 times the regular rate) for hours worked in excess of 40 hours per workweek.
  • Hourly Plus Bonus and/or Commission: Regular rate = Total hours times hourly rate, plus the workweek equivalent of the bonus and/or commission, divided by the total hours in the workweek; then pay half of that regular rate for each overtime hour.
  • Salary: Regular rate = Salary divided by the number of hours the salary is intended to compensate.
    • If the regular hours are less than 40: Add regular rate for each hour up to 40, then pay time and a half for hours over 40.
    • If the regular hours = 40: Pay time and a half for hours over 40.

Exempt from FLSA

  • The following classes of employees are not entitled to overtime pay in Nebraska (partial list):
    • Executive employees
    • Professional employees
    • Administrative employees
    • Domestic employees in a private home
    • Voluntary employees who work for educational, charitable, religious or nonprofit services

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Holiday and Weekend Pay in Nebraska

In Nebraska, an employer is not required to pay an employee extra overtime wages for working during the holiday or the weekend. Nebraska overtime law also allows employers and employees to enter bargaining agreements, but employers do not necessarily need to pay extra overtime wages in those agreements.

Nebraska Overtime Exemptions

Nebraska overtime laws exempt certain classes of employees, including:

  • Executive employees
  • Professional employees
  • Administrative employees
  • Domestic employees in a private home
  • Voluntary employees who work for educational, charitable, religious or nonprofit services
  • Salespersons or similar employees that receive mainly commission
  • Students working after school hours or on vacation
  • Registered apprentices and learners
  • Persons 18 or under that are not registered in some type of schooling
  • Persons 18 or under that have not graduated from secondary school
  • G.I. bill trainees while under training
  • Certain seasonal employees
  • Certain employees employed in agriculture in Nebraska
  • An employee in handling, drying, packing, packaging, processing, freezing or canning of any type of agriculture or horticultural commodity
  • Employees of charitable, religious or nonprofit organizations who reside on the premises of the organizations
  • Employees that make less than $23,600 a year.

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Although Nebraska primarily applies the FLSA, there may be state law provisions that can effect whether you are entitled to overtime pay. If you have additional questions about Nebraska overtime law, or want to file a claim for overtime wages against your employer, you can consult with a Nebraska attorney for a free case review at no obligation today.

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