Filing a Wage and Hour Claim – Nebraska

1. 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.

2. Does Nebraska have a minimum wage that is different from federal law?

Nebraska’s minimum wage is $13.50 an hour, which is greater than the federal minimum wage of $7.25 per hour. Employers must ensure that the total of an employee’s wages and tips is at least the minimum wage. See the Nebraska Department of Labor for more information.

3. 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.

4. 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. 

5. 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.

6. 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.