Nebraska uses a pragmatic employment law framework, balanced by right-to-work protections and several clear state rules. Mandatory payout of accrued vacation, meal break requirements, and paid voting leave standards create predictable guardrails, while many other policies, such as pay transparency, default to employer policy or federal law.
When it comes to talent and workforce management, Nebraska-based employers need to comply with the following state employment laws:
The below information was last updated September 9, 2025. It is not intended as legal advice. Also, unless otherwise noted below, the following laws predominantly apply to the private sector.
A subset of employment law, labor law focuses on the relationships between employers, employees, and labor unions, particularly in the context of collective bargaining and workplace rights.
Central to US labor law is the National Labor Relations Act (NLRA), which protects employees’ rights to organize, join unions, and negotiate working conditions while restricting unfair labor practices. Still, states can enact additional laws, such as Right-to-Work statutes, that influence union membership and dues requirements.
Right-to-work states prohibit employers from requiring union membership or dues as a condition of employment (a.k.a. union security agreements).
Nebraska is one of 26 states that currently have right-to-work laws.
Employment law governs the individual rights of employees and their professional relationship with their employers, such as working hours, fair wages, anti-discrimination protections, and workplace safety.
| Nebraska Minimum Wage | The state of Nebraska uses its own minimum wage rate of $13.50 per hour, including a tipped minimum wage rate of $2.13 per hour for employees who earn tips with their base pay. |
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Nebraska Overtime Pay Laws |
Nebraska doesn't currently have any overtime pay laws or regulations. However, Nebraska-based employers must still comply with the Fair Labor Standards Act's (FLSA) requirement that nonexempt employees receive 1.5 times their normal rate of pay when working over 40 hours a week. |
| Nebraska Pay Equity Law | Under Nebraska Revised Statutes Chapter 48, employers may not discriminate between employees in the same establishment on the basis of sex, by paying wages to any employee in such establishment at a wage rate less than the rate at which the employer pays any employee of the opposite sex in such establishment for equal work on jobs which require equal skill, effort and responsibility under similar working conditions. Additionally, it is unlawful to fail or refuse to hire, to discharge, or to harass any individual, or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, disability, marital status, national origin, or military or veteran status. This applies to employers who have two or more employees for each working day in 20 or more calendar weeks, any agent of the employer, and any party whose business is financed in whole or in part under the Nebraska Investment Finance Authority Act. |
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Nebraska Pay Transparency Law |
Nebraska currently has no pay transparency laws or regulations. |
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Nebraska Final Paycheck Law |
In Nebraska, employees who voluntarily resign from a job or are involuntarily terminated must receive their final paycheck by the next regular payday or within two weeks of the end of employment, whichever is sooner. |
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Nebraska PTO Payout Laws |
Nebraska currently requires employers to pay out all unused, accrued vacation time at termination. It also prohibits the use of "use-it-or-lose-it" policies. |
| Nebraska Paid Sick Leave (PSL) | Starting October 1, 2025, Nebraska will require employers with 11 or more employees to provide between 40-56 hours of paid, protected sick leave (based upon employer size) under its Paid Sick Time Act. Moreover, new hire employees will have to have completed at least 80 hours of consecutive employment in Nebraska. |
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Nebraska Paid Family and Medical Leave (PFML) |
Nebraska currently has no PFML laws or regulations. However, employers with 50 or more employees must still comply with the federal Family and Medical Leave Act (FMLA), which provides eligible employees up to 12 weeks of unpaid leave every 12 months for various reasons. |
| Nebraska Maternity Leave | Nebraska doesn't have a maternity leave law, as this type of leave is an employer-provided benefit. Since the state also doesn’t have a mandated PFML program, employees must instead use FMLA leave or another type of employer-provided leave. |
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Nebraska Voting Leave Law |
Under Nebraska Revised Statute § 32-922, employers must provide employees with up to two hours of paid leave to vote in an election. Furthermore, the employee must make a request for time off prior to or on election day, and the employer may designate the time that the leave may be taken. |
All states must comply with federal health and safety standards overseen by the Occupational Safety and Health Administration (OSHA).
While some states adopt additional health and safety regulations, Nebraska is an "OSHA plan" state, meaning it defers to OSHA's requirements when addressing health and safety matters, such as having an emergency action plan or providing medical and first aid supplies.
Nebraska Revised Statute § 48-212 states employers must provide a thirty-minute lunch break in an eight-hour shift.
As described by the Nebraska Fair Employment Practice Act, employers in Nebraska are prohibited from discriminating against employees based on:
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Nebraska also requires employers to comply with specific anti-harassment mandates, also outlined in the Fair Employment Practice Act. Employers must, for example, train all staff members on how to report harassment and act quickly to stop said harassment when a complaint is made.
| Nebraska Non-Compete Agreement Laws | Nebraska currently has no laws or regulations banning or limiting the use of non-compete agreements. |
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Nebraska Retirement Plan Laws |
Nebraska currently has no mandatory retirement plan laws or regulations. |
| Nebraska Lactation Law | Revised Statute § 48-1102 defines reasonable accommodation to include break time and appropriate facilities for breastfeeding or expressing breast milk. |
This information is provided as a courtesy and may be updated at any time. It is not intended as legal guidance. If you have questions or concerns, we encourage you to seek the advice of a qualified employment or labor attorney or advisor.
Between constantly changing employment laws and updates to the Affordable Care Act (ACA), keeping your workplace compliant can be a time-consuming and costly challenge. Eliminate the stress and stay up to date with our Compliance Dashboard. View compliance alerts and get a bird’s eye view of what you need to do to avoid fines and penalties.
