Nebraska has enacted several laws to protect employees from discrimination in employment as follows:
- The Nebraska Fair Employment Act: This law prohibits employers from discriminating on the basis of race, color, national origin, religion, gender, pregnancy status, disability, and marital status. It also prohibits employers from retaliating against an employee who is a whistleblower;
- Nebraska Age Discrimination in Employment Act: This act prohibits employers from discriminating on the basis of age against employees who are between 40 and 70;
- Nebraska’s Equal Pay Act: 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 …
Of course, there are also federal laws, e.g., the federal Equal Pay Act, which prohibits discriminating between employees in pay based on gender. In addition, Nebraska has minimum wage and overtime laws. In addition, federal laws prohibit discrimination based on membership in protected classes, just as the Nebraska laws do.
Union organization and collective bargaining rights in Nevada by employees in the private sector are governed by the federal National Labor Relations Act (NLRA). This law guarantees employees the right to organize trade unions, engage in collective bargaining, and engage in collective action such as strikes. However, the NLRA does not address the issue of unions and collective bargaining for public employees.
Nebraska law allows unions and collective bargaining by all public employees in the state, although teacher strikes are prohibited. The Commission of Industrial Relations resolves labor disputes and regulates public employees and government relations.
Is There a Difference between Part-time and Full-time Employment in Nebraska?
For most purposes, Nebraska makes no distinction between “full-time” and “part-time” employment. Federal law may make a distinction, and it would apply in Nebraska. For example, If employees put in over 40 hours per week at work in Nevada, then the employer must pay them time and a half. The federal Fair Labor Standards Act and Nebraska labor law require this. Of course, if a person is considered a salaried manager under the law, they do not have a right to overtime pay.
If a person has an employment contract, they would be paid as required by the terms of their contract. In addition, a collective bargaining agreement, or union contract, may contain provisions regarding wage rates for standard and overtime hours.
What Is the Minimum Wage in Nebraska?
Nebraska recently raised its minimum wage to $10.50 per hour. Employees who receive tips routinely, e.g., waiters and waitresses, can be paid $2.13 per hour, but those in training can be paid less.
Nebraska does not specify a minimum amount of tips an employee must receive to be classified as a “tipped employee.” Any employee who receives tips can be paid according to Nebraska’s tipped minimum wage laws, even if the amount they make in tips does not add to the minimum wage hourly.
There are numerous other exemptions to the minimum wage requirement. The following workers may not benefit from the minimum wage requirement:
- Farm or field workers,
- Babysitters,
- Those who work for charitable or religious organizations,
- Apprentices, and
- People with disabilities who receive support from the government.
Who Qualifies for Overtime Pay in Nebraska?
In Nebraska, non-exempt employees in Nebraska should receive overtime pay of 1.5 times their average hourly rate for every hour they work over 40 hours in a single week. A “week” is defined as seven consecutive work days by the federal Fair Labor Standards Act. Based on the Nebraska minimum wage of $10.50 per hour, the minimum amount any Nebraska worker should receive as overtime pay would be 15.75 an hour.
In some states, workers who put in more than a certain number of hours in a day are eligible to be paid overtime for the hours they work more than a certain number in one day. Nebraska does not specify the number of hours per day qualifying a worker for overtime.
Is a Worker Protected from Discrimination in Employment in Nebraska?
Nebraska has a state Equal Opportunity Commission (NEOC). It is an administrative agency created in 1965 to enforce state laws against discrimination. The main function of the NEOC is to receive, investigate and adjudicate complaints of prohibited discrimination that takes place in Nebraska in the following areas:
- Employment;
- Housing;
- Public Accommodations.
The NEOC has the authority to work to eliminate prohibited discrimination through such measures as alternative dispute resolution. In addition, the NEOC provides information and assistance regarding civil rights laws and enforcement to people and organizations who turn to the NEOC for information.
As noted above, concerning employment, the law that the NEOC enforces is the following:
- The Nebraska Fair Employment Practice Act (FEPA);
- The Age Discrimination in Employment Act (Age Act);
- The Equal Pay Act of Nebraska.
To prevent duplication of proceedings, the NEOC is authorized by federal statute to investigate complaints alleging violations of the following federal laws, Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), Title I of the Americans with Disabilities Act, and the U.S. Fair Housing Act.
The law in Nebraska prohibits discrimination in employment based on the following characteristics:
- Race;
- Color;
- National origin;
- Religion;
- Gender;
- Pregnancy status;
- Disability;
- Marital status; and
- Age.
In general, the entities to which this law applies include most private and non-profit employers with 15 or more employees under the Fair Employment Practices Act and the Equal Pay Act and entities with 20 or more employees under the ADEA. Also covered are state and local government subdivisions of any size, employment agencies, and labor organizations.
Unlawful employment practices can include discrimination in the following areas:
- Hiring and promotion;
- Pay and benefits;
- Discipline issues, such as warnings and termination of employment;
- As well as any other terms and conditions of employment, such as access to training, accommodation of disabilities or religious beliefs, and freedom from workplace harassment.
Am I Entitled to Any Paid Time Off in Nebraska?
Generally, Nebraska does not require employers to provide paid time off, sick leave, or vacations. Paid leave is simply not something that Nebraska law requires an employer to provide for their employees.
Neither state nor federal law requires employers to provide paid time off from work. Reportedly, however, most Nebraska employers voluntarily provide their workers paid leave for the following:
- Sick leave;
- Vacation time;
- Holidays;
- Paid time off or PTO benefits.
Do I Need the Help of a Lawyer for My Nebraska Labor Issue?
If you have issues concerning your employment or are an employer looking for guidance about complying with Nebraska labor laws, you should consult a Nebraska labor lawyer.
Your lawyer can explain the law in Nebraska regarding labor issues, explain what is and is not allowed, and how to file a claim if you think the law has been violated in your case. If you have any questions or need any updates, your attorney can keep you informed of your legal rights and options.
