Filing a Wage and Hour Claim - Nebraska
Does Nebraska have state overtime laws that are different from federal law?
Nebraska state law does not address the issue of overtime pay; for that reason, only federal law applies in the state.
Does Nebraska have a minimum wage that is different from federal law?
Effective January 1, 2016, Nebraska has a minimum wage of $9.00 per hour, which is greater than the federal minimum wage of $7.25 per hour. Employers can use tips and gratuities to reduce the minimum wage required to $2.13 per hour. This rate does not apply to employers with fewer than four employees, who, if covered by the FLSA, must pay the federal minimum wage of $7.25 per hour.
The minimum wage law does not cover employees under 20 who may be paid a training wage for their first 90 calendar days of employment. This rate can be no less than 75% of the minimum wage, making the current training minimum wage $6.75 per hour.
Do any cities or counties in Nebraska have a minimum wage that is different from state or federal law?
No cities or counties in Nebraska currently have a minimum wage different from the state minimum of $9.00 per hour.
Does Nebraska have meal and rest break requirements, unlike federal law?
Employees in assembly plants, mechanical establishments, and workshops must be allowed a 30-minute lunch break for each shift eight hours or longer. Otherwise, Nebraska law does not require employers to provide meals or rest breaks.
How do I file a wage/hour or labor standards claim in South Dakota?
Use this electronic form to file a wage and hour claim with the Nebraska Department of Labor.
What are my time deadlines?
Do not delay in contacting the Nebraska Department of Labor to file a claim. There are strict time limits in which charges of wage-and-hour violations must be filed. In order for the Department to act on your behalf, you must file your claim within two years after you are owed your wages. The statute of limitations is increased to three years if your employer willfully and knowingly broke the law in failing to properly compensate you.
How can I or my attorney pursue a claim in court in Nebraska?
Instead of filing a claim with the Nebraska Department of Labor, you can file a lawsuit in court. The statute of limitations for such a lawsuit is two years, or three years if your employer willfully and knowingly broke the law.
State Labor Agency
Nebraska Department of Labor
500 South 16th Street
P.O. Box 94600
Lincoln, NE 68509
Phone: (402) 471-2239
The Department of Labor Standards can also be contacted online.
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