Nebraska employment law overview

Nebraska has laws that provide greater protections to employees than federal law, including pregnancy accommodation rights, a higher minimum wage and health care continuation coverage obligations for smaller employers, but generally follows federal law with respect to topics such as military leave and occupational safety. 

Select Nebraska employment requirements are summarized below to help an employer understand the range of employment laws affecting the employer-employee relationship in the state. An employer must comply with federal, state, and local law. Where there is overlap, complying with the law that offers the greatest rights or benefits to the employee will generally apply. 

Equal Employment Opportunity (EEO) and worker protections 

Nebraska employers may be required to comply with requirements related to EEO and worker protections.   

Fair employment practices 

The Nebraska Fair Employment Practice Act prohibits employers with 15 or more employees from discriminating against or harassing individuals on the basis of protected characteristics, such as: 

• Race; 
• Color; 
• Sex (including pregnancy); 
• National origin; 
• Marital status; 
• Military and veteran status; 
• Disability; and 
• Religion. 

The Nebraska Age Discrimination in Employment Act prohibits employers with 20 or more employees from discriminating on the basis of age (40 years and older). 

Under Nebraska’s antidiscrimination laws, an employer may not retaliate against individuals who oppose discriminatory employment practices or who file a charge or testify, participate or assist in proceedings under applicable law. 

Equal pay 

The Nebraska Equal Pay Act (NEPA) prohibits employers with two or more employees from discriminating between employees in the same establishment on the basis of sex by paying wages to any employee at a rate less than that paid to any employee of the opposite sex for equal work on jobs that require equal skill, effort and responsibility under similar working condition. Nothing in the NEPA prohibits employers from basing wage differentials on a seniority system, a merit system, a system that measures earnings by quantity or quality of production or any factor other than sex. 

Pay transparency  

Nebraska does not have a pay transparency law applicable to private employers. 

Salary history inquiry restrictions 

Nebraska does not restrict an employer from inquiring into or relying upon an applicant’s salary history. 

Employee wage disclosure rights 

An employer may not discriminate against an employee or applicant because the individual inquired about, discussed or disclosed information regarding employee wages, benefits or other compensation. 

Pregnancy accommodation 

The NFEPA requires an employer with 15 or more employees to provide reasonable accommodations for pregnancy, childbirth and related medical conditions. Reasonable accommodations include, but are not limited to: 

• Acquisition of equipment for sitting; 
• More frequent or longer breaks; 
• Periodic rest; 
• Assistance with manual labor; 
• Job restructuring; 
• Light-duty assignments; 
• Modified work schedules; 
• Temporary transfers to less-strenuous or less-hazardous work; 
• Time off to recover from childbirth; and 
• Break time and appropriate facilities for breastfeeding or expressing breast milk. 

Breastfeeding breaks 

Under the NFEPA, an employer may be required to provide lactation/breastfeeding accommodations in the form of break time and appropriate facilities for breastfeeding or expressing breast milk unless doing so would create an undue hardship. 

Access to personnel files 

Nebraska law does not require private employers to provide employees with access to their personnel files. 

Whistleblower protections 

Nebraska does not have a whistleblower law applicable to private employers. 

Scheduling 

Nebraska does not have a scheduling law applicable to private employers. 

Recruiting and hiring 

Nebraska employers may be required to comply with requirements related to recruiting and hiring.   

Credit checks 

Nebraska does not have requirements for private employers related to credit checks. 

Ban the Box and Fair Chance 

Nebraska does not have a state ban-the-box or fair chance law applicable to private employers. 

E-Verify 

Public contractors in Nebraska are required to register with and use E-Verify for all new employees physically performing services in the state, and public contracts must include a clause mandating this requirement.  

While Nebraska does not generally require private employers to use E-Verify, those that do may be eligible for certain tax incentives.

Wage and hour 

Nebraska employers may be required to comply with certain wage and hour requirements.   

Minimum wage 

Nebraska employers must pay employees a minimum wage of $15.00 per hour, with exceptions for certain workers such as trainees, student-learners, youths and tipped employees. Every January 1, the minimum wage will be increased by 1.75%. Nebraska’s minimum wage requirements apply to employers employing four or more employees at any one time. 

Overtime 

Nebraska does not have a state overtime law applicable to private employers. 

Meal and rest breaks 

Employers that own or operate assembly plants, workshops or mechanical establishments must provide employees with a meal break of at least 30 consecutive minutes in each eight-hour shift. Employees must be relieved of all duties and may not be required to remain in the building or on the premises where their labor is performed. 

Child labor 

Child labor laws in Nebraska restrict the occupations in which minors may be employed and the number of hours and times during which they may work. 

All minors are generally prohibited from working in a job that is dangerous or where “his or her morals may be depraved.” 

Minors under the age of 16 may not work: 

• More than eight hours in one day; 
• More than 48 hours in one week; or 
• Before 6 a.m. or after 8 p.m. if they are under the age of 14, or after 10 p.m. if they are between 14 and 16 years old. 

Pay and benefits 

Nebraska employers may be required to follow certain requirements with respect to employee pay and benefits.   

Wage payment methods 

Nebraska law does not prescribe the method by which an employer must pay its employees’ wages. An employer may pay wages by payroll debit card under certain circumstances.

Pay frequency and lag time 

A Nebraska employer must pay all wages due on regular days that are: 

• Designated by the employer; or 
• Agreed upon by the employer and employee. 

An employer must provide employees with 30 days’ written notice before changing paydays. 

Pay deductions 

An employer may make deductions from employees’ wages that are: 

• Required by state or federal law; and 
• Expressly authorized in writing by the employee (e.g., for health insurance, retirement, breakages, uniforms or cash shortages). 

Pay statements 

An employer must provide a pay statement to each employee on payday that includes the following information: 

• Employer’s identity; 
• Hours for which the employee is being paid; 
• Amount of wages earned by the employee for the pay period; and 
• Deductions taken from the employee’s pay. 

Wage theft 

Nebraska does not have a wage theft law applicable to private employers. 

Health care continuation 

Nebraska employers with fewer than 20 employees generally must offer health care continuation coverage to their employees and their dependents. Continuation coverage is available only when the employee dies or is involuntarily terminated (unless for misconduct). 

Temporary disability insurance 

Nebraska does not have requirements for private employers related to temporary disability insurance. 

Time off and leaves of absence 

Nebraska employers may be required to follow certain requirements with respect to time off and leaves of absence.   

Family and medical leave 

Nebraska does not have a state family and medical leave law applicable to private employers. 

Paid sick leave 

Employers with 11 or more employees must provide paid sick time to eligible employees for absences related to: 

• The employee’s or a family member’s mental or physical illness, injury or health condition; need for medical diagnosis, care or treatment; or need for preventive medical care; 
• Attendance at a meeting necessitated by a child’s mental or physical illness, injury or health condition at a school or place of care; 
• Closure of the employee’s place of business or a child’s school or place of care due to a public health emergency; and 
• The employee’s or a family member’s exposure to a communicable disease. 

Other time off requirements 

In addition to the paid sick leave law, a Nebraska employer may also be required to comply with other leave and time off laws, including but not limited to: 

• Family military leave; 
• Military leave; 
• Voting leave; 
• Election official leave; 
• Jury duty leave; and 
• Emergency responder leave. 

Health and safety 

Nebraska employers may be required to follow certain requirements with respect to employee health and safety.   

Occupational safety and health 

Private sector employers in Nebraska fall under the jurisdiction of federal OSHA for compliance and enforcement and must follow the appropriate Code of Federal Regulations that applies to their industry and work practices.

Drug and alcohol testing 

Nebraska employer generally may conduct drug and alcohol testing as a condition of employment, but state law, which applies to employers with six or more employees, regulates the manner in which the tests are performed and how the results are handled. 

Smoke-free workplace 

The Nebraska Clean Indoor Air Act prohibits smoking in a place of employment or a public place, but does not prohibit or restrict smoking in outdoor areas. 

Weapons in the workplace 

Employers in control of property may prohibit a permitholder from carrying a concealed handgun into or onto the place or premises if the place or premises are open to the public, and if the employer has posted conspicuous notice that carrying a concealed handgun is prohibited in or on the place or premises or has requested that a permitholder remove the concealed handgun from the place or premises. 

An employer may also prohibit employees or other permitholders from carrying concealed handguns in employer-owned vehicles. However, a permitholder may carry a concealed handgun in a privately owned vehicle parked in an employer parking lot as long as it is securely locked away. 

Safe driving practices 

Nebraska drivers are prohibited from using handheld devices to read, type or send messages while driving. 

Organizational exit 

Nebraska employers may be required to follow certain requirements when employees exit the organization.   

Final pay 

Terminated employees must be paid their final wages (including accrued vacation pay) by the next regular payday or within two weeks of the date of termination, whichever is earlier. 

Mass layoffs 

The Nebraska Worker Adjustment and Retraining Notification Act (Nebraska WARN Act) requires covered employers to provide advance notice regarding mass layoffs, plant closings or relocations to the Department of Labor, Division of Employment and Training.

While the state law is modeled after the federal Worker Adjustment and Retraining Notification Act, there are areas in which they differ, such as notice requirements and the events that trigger notice requirements.

AI in employment 

Nebraska does not have a law related to AI in employment applicable to private employers.