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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.

Terry A. Venneberg Weekly Weekly

Topic of the Week

Workplace Bullying


Blog of the Week

Overcoming Inequality in Unemployment Benefit Access and Utilization

Black workers are not only more likely to be unemployed during the pandemic but much less likely to receive UI. Law, policy, and practice may be the problems, but the solution begins with mobilization.

Thought for the Week

"It really is very damaging. It creates a place where you're just always afraid and you can't be yourself. People are angry and confused and they're concerned about their job all day every day—is today the day I'm going to be fired? That's just no way to live"

–Catherine Mattice Zundel | CEO of Civility Partners

List of the Week

from Workplace Bullying Institute

  • 19% of adults said they’d personally been bullied at work, while another 19% said they’d seen it happen to someone else.
  • Being bullied at work can harm both your mental and your physical health—with potential effects including major stress, anxiety, depression, trauma, high blood pressure, gastrointestinal issues, and more.
  • Workplace bullying goes far beyond a minor disruption or small annoyance. Rather, it creates a psychological power imbalance between the person doing the bullying and their target or targets to a point where that person at the receiving end develops [a] feeling of helplessness.

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  4. Reddit announces permanent work from home, eliminates cost-of-living pay compensation
  5. Stuck-At-Home Moms: The Pandemic's Devastating Toll On Women