Nebraska Wage and Hour Laws

We all love the feeling of receiving a paycheck after a long, hard workweek. But what happens when the boss is underpaying our wages? And how can we be sure that we're actually being underpaid?

Fortunately, Nebraska workers are protected and can refer to both federal and state laws regarding wage and hour requirements. The primary federal law which governs wages and hours is the Fair Labor Standards Act. Nebraska also has labor laws which address state wage and hour requirements.

Nebraska Minimum Wage and Overtime Laws

The current minimum wage in Nebraska for non-exempt employees is $8.00 per hour. Examples of exempt employees include tipped employees and employees under the age of 25 who are in training. The minimum for tipped employees is $2.13 per hour. However tips earned must be enough to bring the employee up to the $8.00 state minimum. Otherwise, the employer must pay the difference. The minimum training wage is $6.00 per hour. However, the training wage is only allowed for a period of 90-180 days.

Nebraska does not have an overtime law. However, under the federal law, non-exempt employees are to be paid 1.5 times the usual hourly rate for any work in excess of 40 hours per week.

Nebraska Pay Day Requirements

Wages are to be paid regularly on days designated by the employer or agreed to by the employer and employee. If a regular pay day is changed by the employer, 30 days notice must be given to the employee.

Nebraska Wage and Hour Laws

The following table outlines wage and hour laws in Kansas

Code Sections

NEB. REV. STAT. § 48-1203 et seq.

Fair Labor Standards Act

Minimum Wage

$8.00 per hour. The wage will be increased to $9.00 per hour after January 1, 2016

Overtime Pay

Under the federal law, non-exempt employees are to be paid 1.5 times the usual hourly rate for any work in excess of 40 hours per week.

Pay Day Requirements

Wages are to be paid regularly on days designated by the employer or agreed to by the employer and employee. If a regular pay day is changed by the employer, 30 day notice must be given to the employee.

Persons Not Covered by State Minimum Wage Laws

The minimum is $2.13 per hour for tipped employees. However tips earned must be enough to bring the employee up to the $8.00 state minimum. Otherwise, the employer must make up the difference.

A training wage of $6.00 per hour can also be paid for 90 days for employees under 25 years of age.

The training wage can be paid for an additional 90 days if the employee is receiving on-the-job training requiring technical, personal, or other skills. However, it must be approved by the Commissioner of Labor and no more than 1/4 of the total hours paid can be at the training wage.

Penalties

An employer who pays less than the minimum applicable wage is guilty of a Class 4 misdemeanor punishable by a fine of up to $500.

The employee may bring an action to recover the full amount of wages less any wages paid. The employee may also recover costs such as reasonable attorney's fees.

Enforcement

An employee may file a claim for wages with the Nebraska Department of Labor regarding unpaid or underpaid wages.

Nebraska Wage and Hour Laws: Related Resources

State labor laws can be confusing. If you would like legal assistance with an employment matter, you can contact a Nebraska employment attorney. You can also visit FindLaw’s sections on Wages & Benefits: Overview, Fair Wages FAQ, and the federal Fair Labor Standards Act (FLSA) for more articles and information on this topic.

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