Employment law in Nebraska is governed by a combination of federal and state laws, which set forth the rights and responsibilities of employers and employees in the state. These laws cover a wide range of topics, including wages, hours, discrimination, harassment, and other workplace issues. Learn more about employment laws in Nebraska from our team of experienced lawyers at Horgan Law Firm in Omaha, NE.
Employment Law in Nebraska
Minimum Wage
In Nebraska, the minimum wage is currently $9.00 per hour. This rate is set by the Nebraska Department of Labor and is subject to change on an annual basis. In 2023, the minimum wage in Nebraska will increase from $9.00 per hour to $10.50 per hour.
Employers are required to pay their employees at least the minimum wage unless the employee is exempt from the minimum wage requirement. Exempt employees include those who are paid on a commission basis, outside salespersons, and some professionals, such as doctors and lawyers.
Overtime
Under the Fair Labor Standards Act (FLSA), employees who work more than 40 hours in a workweek are entitled to overtime pay at a rate of one and a half times their regular rate of pay. In Nebraska, the FLSA applies to employers who engage in interstate commerce or have annual sales of at least $500,000.
Discrimination and Harassment
It is illegal for employers in Nebraska to discriminate against employees on the basis of their race, color, religion, sex, national origin, age, disability, or genetic information. This includes hiring, firing, promotions, and other employment decisions.
It is also illegal for employers to allow harassment to occur in the workplace. Harassment can take many forms, including physical, verbal, or written conduct that is discriminatory or creates a hostile work environment.
Family and Medical Leave
The federal Family and Medical Leave Act (FMLA) requires employers with 50 or more employees to provide eligible employees with up to 12 weeks of unpaid, job-protected leave for certain family and medical reasons. In Nebraska, the state’s Family Medical Leave Act (NEFMLA) provides similar protections to employees of smaller employers.
Workers’ Compensation
Nebraska requires most employers to carry workers’ compensation insurance to provide benefits for job-related injuries or illnesses. These benefits may include medical treatment, lost wages, and disability payments. Filing a claim for workers’ compensation requires thorough documentation, and having a workplace lawyer ensures proper handling of the process.
Employment Contracts
In Nebraska, employment is generally considered to be at-will. This means that either the employer or the employee can terminate the employment relationship at any time, for any reason (with some exceptions). However, employment contracts may provide different terms, such as a specific duration of employment or certain conditions under which the employee can be terminated. It is important for employees to carefully review any employment contracts before signing them to ensure that they understand their rights and obligations.
Overall, employment law in Nebraska is designed to protect the rights of both employers and employees and to ensure that the workplace is fair and equitable. It is essential for both employers and employees to be familiar with employment laws and to seek legal advice from an Omaha employment lawyer at Horgan Law Firm about labor laws if they have any questions or concerns.
Additional Information: FAQs – Nebraska Department of Labor
Horgan Law Firm, P.L.L.C. | Employment Lawyers Omaha, NE
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