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Nebraska Right to Work Laws

A majority of states now have laws prohibiting the enforcement of security agreements requiring workers (or prospective employees) to join a union or even pay a monthly fee to cover the expenses of union representation, commonly called right to work laws by supporters. The language in these laws is very similar from one state to the next, but generally makes it illegal for an employee's union status to be taken into consideration for employment purposes. Even employees in states without these laws are not required to join unions but typically must pay a monthly fee to help pay for the benefits they also receive through the union.

Naturally, these are very controversial laws that tend to pit labor interests against management (and large corporations in particular). Opponents insist they are only intended to cripple union activity and bargaining power, while proponents argue that required union membership is unconscionable as a matter of principle.

Nebraska Right to Work Laws at a Glance

Nebraska's right to work statute is encoded in its labor code as well as its constitution. It's fairly straightforward, making it a misdemeanor offense to use union affiliation as a factor for employment.

More details about Nebraska's right to work laws are listed in the following table. See FindLaw's Unions section for additional articles and resources.

Code Section 48-217, 911; Neb. Const. Art. XV §13; 48-219
Policy on Union Membership, Organization, etc. No person shall be denied employment because of membership, affiliation, resignation, or expulsion in or from a labor organization or because of refusal to join or pay fees; nor shall any individual or corporation or association of any kind enter into any contract, written or oral, to exclude persons from employment because of membership in or nonmembership in a labor organization.
Prohibited Activity Contracts between employer and labor organization to exclude because of membership or nonmembership
Penalties Guilty of a class IV misdemeanor; fined not less than $100 or more than $500. (28-106)

Note: State laws are not carved in stone and may change at any time, usually when newly signed legislation is enacted, but sometimes in response to higher court decisions or through other means. You should contact a Nebraska employment law attorney or conduct your own legal research to verify the state law(s) you are researching.

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