Quick Guide to Nebraska Overtime Law
Nebraska Overtime Laws
The state’s “Wage and Hour Act” does not have any provisions the directly address Nebraska overtime laws. According to the Department of Labor, questions about NE overtime laws should be forwarded to the U.S. Department of Labor at (402) 221-4682.
This article will attempt to address how federal provisions under the Fair Standards Labor act control NE overtime laws. If you have more questions about Nebraska overtime law apart from this article, contact the U.S. DOL.
Overtime Wages under Nebraska Overtime Laws
Under the FLSA and Nebraska overtime law, an employer is required to provide wages of one-half (1 ½) times the hourly minimum wage. Since the minimum wage in NE is $7.25, the overtime wage is $10.88 according to Nebraska overtime laws.
Overtime wages must be paid to the employee after they have worked 40 hours in a workweek according to federal and Nebraska overtime law; however, there are certain exemptions under the FLSA.
Exemptions from NE Overtime Laws
If an employee works in a certain profession or meets another characteristic, they may not receive wages set by Nebraska overtime laws. The following exemptions apply under Nebraska overtime law and the FLSA:
• domestic employee in a private home
• a bona fide executive, administrative or professional person
• voluntary services 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
The exemptions from NE overtime laws may not stand if the employee makes less than $23,600 a year.
Do NE overtime laws apply to holiday and weekend pay?
Nebraska overtime laws do not require an employer to pay an employee extra wages for working during the holiday or weekend. Nebraska overtime law allows employers and employees to enter bargaining agreements, but employers do not necessarily need to pay extra wages.
Filing a Wage Claim for Violation of Nebraska Overtime Laws
In order to file a wage claim for the violation of Nebraska overtime law, an employee should visit the following website:
Before filing a wage claim for violation of NE overtime laws, you need to make regard your employment contract to make sure your claim is valid. If you file a claim for unrecognized overtime laws and the court dismisses the claim after investigation, you will be responsible for court costs.
Before filing a claim for breach of a Nebraska overtime law, an employee is always encouraged to try and settle the dispute with the employer before taking legal action, and rights under the Public Employee Bargaining Act allow the employee to bargain for higher wages and benefits.
If you believe NE overtime laws have been violated and you file a claim, your employer cannot take retaliatory action against you—even if the claim is dismissed. If you have filed a claim against your employer in light of a Nebraska overtime law and they have taken retaliatory action against you, you should contact the DOL right away.