Nebraska Overtime Laws – NE

Updated on Author: Sergei Lemberg

Updated on Author: Sergei Lemberg

Are you earning the right wage? You put in the time; you work hard; you give up your free time to help your business succeed. It doesn’t matter if you work at Nebraska Furniture Mart or as a server in a restaurant, at the end of the week, you need to make sure your employers are compensating you properly. Employees are protected by the Fair Labor Standards Act, a federal law that governs various aspects of employment, from child labor to wage laws. If you’ve worked more than 40 hours in a single workweek, then you could be eligible to earn 1.5x your standard rate of pay for each hour after 40 worked.

Overtime Law Summary for Nebraska

Below Is an Outline of Critical Nebraska Overtime Law Components.

State/Federal Statutes
  • Nebraska does not have its own overtime laws.
  • Fair Labor Standards Act (FLSA) Overtime Provision
Methods for Overtime Calculation
  • Hourly Employees: 1.5 x Normal pay rate for all hours above 40 in a single workweek.
  • Hourly Employees with Plus Bonus and/or Commission: To determine the regular rate, take the total hours worked multiplied by the hourly rate, then add the workweek bonus/commission. Next, divide by the total hours in a single workweek. Finally, pay half of the adjusted rate for every hour of overtime.
  • Salary Employees: To determine the regular rate, take the salary and divide by the number of hours the salary is supposed to cover.
    • Add the regular rate for each hour up to 40 hours if the hours total less than 40. For all hours after 40, 1.5 x the regular rate.
    • Pay 1.5 x the regular rate for each hour over if the total hours worked is above 40.
FLSA Exemption
  • Not entitled to overtime pay are the following types of Nebraskan employees:
    • Administrative Employees
    • Executive employees
    • Outside Sales Employees
    • Volunteer Workers (education, religion, nonprofit, and charitable)
    • Domestic workers (private home)
    • Professionals with highly specialized skills and knowledge who also receive a salary. *Employers cannot pay employees who earn minimum wage a salary to avoid paying overtime, however.
Wage Complaint Filing Process
  • File a Complaint to the U.S. Dept. of Labor
  • File a Wage Complaint Form with the Nebraska Dept. of Labor

Note: New legislation, high court rulings (federal court decisions included), ballot initiatives, and other influences can change state laws. Please refer to a qualified attorney or complete your own research to verify the laws in your state to ensure accuracy.

Weekend and Holiday Pay for Nebraskan Employees

Holidays and weekends are not protected by any kind of state labor laws. This means working over weekends or holidays does not automatically make you eligible to earn overtime pay. Keep in mind that there are other types of agreements employees can enter into with employers that would make them eligible for these types of additional benefits.

Overtime Exemptions in Nebraska

Certain types of employees are exempt from overtime laws in Nebraska:

  • Administrative employees
  • Agriculture employees in Nebraska (some)
  • Apprentices/Learners (registered)
  • Domestic employees (private home)
  • Employees of nonprofit, charitable, or religious organizations (when residing on employer’s premise)
  • Employees who earn less than $23,600 annually
  • Employees who handle, dry, pack, package, process, freeze or can agricultural or horticultural products
  • Executive employees
  • People under 18 who’ve not graduated from high school
  • People under 18 years old who aren’t undertaking some kind of schooling
  • Professional employees
  • Salespersons (earning mostly commission)
  • Seasonal employees (some)
  • Students (working after school hours/on vacation)
  • Trainees on G.I. bill during training
  • Volunteers (charitable, educational, religious, or nonprofit services)

Sources for More Information

  • Nebraska Employment Laws
  • Nebraska State Laws
  • Official State Codes
  • State Overtime & Minimum Wage Laws

If You Have Been Denied Overtime, Seek Legal Advice Immediately

State and federal laws concerning overtime pay are complex and are subject to change. It always helps to have a professional there to help. If you feel that you or someone you care about has not been properly compensated, then please get in touch with the Lemberg Law legal team today. Complete our form for a FREE case evaluation, or call 475-277-2200 NOW. You may be entitled to compensation for damages, injuries, or lost wages for federal and state wage law violations.

Sergei Lemberg

About the Author:

Sergei Lemberg is an attorney focusing on consumer law, class actions related to automotive issues, and personal injury litigation. With nearly two decades of experience, his areas of practice include Lemon Law (vehicle defects), Debt Collection Harassment, TCPA (illegal robocalls and texts), Fair Credit Reporting Act, Overtime claims, Personal Injury cases, and Class Actions. He has consistently been recognized as the nation's "most active consumer attorney." In 2020, Mr. Lemberg represented Noah Duguid before the United States Supreme Court in the landmark case Duguid v. Facebook. He is also the author of "Defanging Debt Collectors," a guide that empowers consumers to fight back against debt collectors and prevail, as well as "Lemon Law 101: The Laws That Lemon Dealers Don't Want You to Know."

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