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Your Rights Filing a Wage and Hour Claim - Nebraska

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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. However, if an employer has fewer than four employees, then the minimum wage does not apply, unless they are covered by the FLSA, in which case the minimum wage is $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.

Does Nebraska have meal and rest break requirements, unlike federal law?

Like federal law, 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?

The form to file a wage and hour claim with the Nebraska Department of Labor can be found at https://dol.nebraska.gov/LaborStandards/WageComplaint/WageComplaintForm. Under the workers section, there is a link directly to the wage and hour complaint form. The form may be submitted online.

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